Legal Question in Constitutional Law in Colorado
How do I seek to get a local ordinance declared unconstitutional? In other words, how do I put constitutionality in front of a judge?
The following is from a county ordinance regarding barking/nuisance dogs.
"After the 3-day grace period and within 180 days after issuance of the warning notice, a citation, or summons and complaint may be issued if two persons from separate households have signed complaints and are willing to testify at trial. The complainants must provide the dog owners' address, dog description, date and duration of violation, but need not be reporting the same date and time of a violation. In the event there is only one occupied residence in the immediate area of the location of the barking dog, only one complaining witness shall be required to sign the complaint prior to the issuance of a summons and complaint if the complaining witness is willing to testify at trial."
I believe it is unconstitutional because it is selective and discriminatory; it depends on where you live, who lives nearby, and who is willing to complain. Law enforcement cannot be a witness. In practice it requires collusion.
1 Answer from Attorneys
I see nothing discriminatory about this rule. The key is whether you have a noisy dog, not where you live or who your neighbors are. Yes, you'll only be cited if your dog bothers other people. But that's how nuisance law works, and is not a result of this ordinance. It would be true even with a different ordinance, or with none at all. Besides, the ordinance is only about how a case may be opened, not how it should be decided.
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