Colorado Statewide Rule
Colorado Breed-Specific Legislation Preemption Repealed
Key Facts
- State Statute
- C.R.S. 18-9-204.5(5)(b)
- Key Case
- Dog Fanciers v. Denver 1991
- Home Rule Effect
- Cities retain authority
- Denver Status
- Ban repealed 2020
Summary
Colorado initially preempted breed-specific bans but the Court of Appeals upheld home-rule authority. Currently, Colorado municipalities may enact or repeal breed restrictions independently.
(5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any rule or law for the control of dangerous dogs; except that any such rule or law shall not regulate dangerous dogs in a manner that is specific to breed. (b) Nothing in this section shall be construed to abrogate a county's authority under part 1 of article 15 of title 30, C.R.S., to adopt dog control and licensing resolutions and to impose the penalties set forth in section 30-15-102, C.R.S.; except that any such resolution shall not regulate dangerous dogs in a manner that is specific to breed.
Full Breakdown
C.R.S. 18-9-204.5(5)(b) attempted to prohibit breed-specific dangerous dog designations, but Colorado Dog Fanciers v. Denver (1991) and subsequent rulings affirmed that home-rule cities like Denver and Aurora retain authority to enact breed bans. Denver repealed its pit bull ban in 2020. The state statute applies only to dangerous dog adjudications, not breed-based ownership restrictions. Statutory cities follow state defaults; home-rule municipalities set their own policies.
Violations & Penalties
Where local breed bans exist, violations result in seizure, fines $100-$1,000, and possible euthanasia of unregistered restricted breeds.
Frequently Asked Questions
Does Colorado state law ban breed-specific legislation?
Are pit bulls legal in Colorado?
Sources
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