Legal Question in Criminal Law in Colorado

Dog s

My dog was confined behind a fence and lockec gate in my yard and a 10 year old trespassed on my property while nobody was at home and got bit by the dog over the fence. The fence line was 53'9'' from the public sidewalk. I was charged with having a vicious dog under Denver Municpal Code. Where is my protection as a property owner?


Asked on 4/03/07, 6:28 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Dog s

Sounds like you already built your protection. You just didn't build it high enough. Unless your dog is a mixed breed, and part of that mix happens to be giraffe, your dog is unlikely to have bitten the child "over the fence." The code requires eight feet.

However, if you had the foresight to provide a prominent sign in the area where the bite occurred, warning of your dog's taste for little kids, you can beat the rap.

I know it's unfair, what with the law seeming to favor the protection of trespassing youngsters over law-abiding dogs with great big teeth. Blame your insensitive Councilpersons.

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Answered on 4/03/07, 7:31 pm


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