Bill would criminalize dog's first bite

Javier Erik Olvera, Rocky Mountain News

Monday, April 17, 2006

If you're a dog owner, beware.

A bill being considered in the legislature would require owners to tell animal care workers such as groomers or veterinarians if their pet has the propensity to bite.

A dog owner also could be prosecuted after the first bite that results in serious injury. A second violation of the dangerous dog law would subject the owner to a misdemeanor charge that carries at least a $250 fine and three months in jail.

"I hope that closing these loopholes in the laws will make it difficult for dogs to become repeat offenders," said Firestone veterinarian Anita Knudson.

The bill defines "a dangerous dog" as an animal that injures or kills someone, or one that a reasonable person believes "may inflict injury" or cause death. If the dog does serious damage, a court could order it to be euthanized.

"Hopefully, this will save someone from being injured and even from death," said Sen. Dave Owen, R-Greeley, who sponsored the bill in the Senate.

A lengthy list of people back the bill, including groomers, kennel workers and veterinarians.

Owen believes existing laws don't go far enough in protecting people from dangerous dogs. Currently, dog owners aren't necessarily punished if a pet that hasn't bitten before injures a person or animal. The bill, however, would allow prosecution for a first incident.

"Someone can get completely maimed during the first incident," Owen said. "If you're a UPS man, a dog can chew you up and nothing would happen under the law."

The bill would require owners of dangerous dogs to keep their pets confined in an escape-proof enclosure and to muzzle the animal and keep it on a leash anytime it is outside. It also would require that a microchip be implanted in the animal, so it could be tracked even if its ownership changes.

The bill is meant to protect animal care providers from injury as well. As it stands now, dog owners are not required to inform them that their pets could be dangerous.

That's one reason why Knudson got involved, testifying on the bill before lawmakers in both the House and Senate.

In September 2004, she said, one of her employees, Adam Stutzman, was helping a woman who was visiting three of her dogs at the Coal Ridge Animal Hospital.

Stutzman, 18 at the time, opened the kennel gates, and almost immediately the three boxers attacked him, pinning him to the floor, with one mauling his neck, Knudson said.

The teen was able to get up and move behind a locked door, where other kennel workers helped him. One of his wounds was less than a centimeter from his jugular.

The dogs were at Knudson's kennel because months earlier they were involved in other attacks, including one in which a cat was killed and another where children were cornered, she said.

The dogs were eventually returned to the owners after the animals underwent several months of behavior classes.

Knudson is hopeful the bill "will shore up the law" so that other people aren't put in a similar situation as her former employee.

The bill is modeled after several ordinances around the metro area, including one in Denver that allows a court to decide whether a dog should be put down after the first bite, depending on the injuries.

It also took pieces of controversial, breed-specific ordinances in Aurora and Commerce City, which require pit bull owners to meet a long list of requirements.

Rep. Debbie Stafford, R-Aurora, has proposed another bill requiring that dog bites be reported to the Colorado Veterinarian Association.

Stafford, who opposes breed-specific legislation, said the bill is the right step.

"I hope that if there's another council teetering on the edge of a breed ban, they'll look at this bill," said Stafford. "We need to stop profiling people's family pets and get serious about dangerous dogs."

olveraj@RockyMountainNews.com or 303-892-5113