A legal “doom-loop” in the wording of the original breed ban conflicts with the the updated 2021 Aurora Animal Code.
The Issue at Hand
When Aurora’s Animal Code was overhauled, the city moved away from breed-specific legislation, which had been widely criticized as ineffective and discriminatory. The changes were meant to ensure that dogs would be judged on their behavior, not their breed. However, a potential problem is lurking in the upcoming November ballot initiative.
What’s the Problem?
The breed ban repeal was not fully addressed in all areas of Aurora’s municipal code. Specifically, the language in the current draft of the ballot measure could inadvertently create a legal “doom-loop.” If the amendment doesn’t pass, dogs with 50% or more pit bull ancestry could be instantly considered illegal under Aurora Code Chapter 14-7. This could lead to their owners being criminally liable for simply owning their dogs. Aurora’s code now states that a dog must exhibit certain behaviors to be considered “potentially dangerous,” “aggressive,” or “dangerous.” But, if the amendment fails, pit bulls and related breeds would automatically fall into these categories based on their breed alone, reversing all the progress we’ve made.
The Consequences
If this legal loophole goes into effect, thousands of families could suddenly be breaking the law just for having a beloved pet. Not only would this create unnecessary legal problems for responsible dog owners, but it would likely lead to an increase in breed abandonment. We know from past experience that this kind of upheaval doesn’t solve the problem – it only makes things worse.
Why We Need Your Support
This is why we’re urging Aurora’s City Council to carefully consider the language of the ballot measure and ensure it aligns with the intent of our animal code overhaul. We don’t want a repeat of the situation from years ago, where misleading wording led to the continuation of a breed ban that didn’t work. Here is our open letter to council, explaining the issues with the wording of this measure:
-=Download our Printable BSL In Aurora Fact Sheet=- Hello Mayor, Councilmembers and Staff, It is with some urgency that I communicate a concern of importance with the potential to cause an estimated 5,600 households in Aurora to be suddenly criminally liable for their ownership of a restricted dog breed. When Aurora Animal Code was overhauled, it was done so with the expectation that breed restrictions applied to all breeds, and did not anticipate needing to modify the wording of breed restrictions in 14-75, as it was repealed. The wording on the ballot as intended for November could cause a legal ‘doom-loop’ that may have consequences not intended with the original breed ban. Here is why: Overhauled animal ordinance defined the following three statements in Aurora Code Chapter 14-7 with the assumption that no specific breed was automatically “dangerous”, “Prohibited”, or “Potentially Dangerous” by default. To gain that designation, the dog has to have shown a behavior to indicate these definitions. The conflict with updated Aurora Animal Code 14-7 somes with the following unintended definition inclusions: “(a) Potentially dangerous animal prohibited. It shall be unlawful for any owner to possess, care for, keep, maintain, or harbor a potentially dangerous animal. (b) Aggressive animal prohibited. It shall be unlawful for any owner to possess, care for, keep, maintain, or harbor an aggressive animal. (c) Dangerous animal prohibited. It shall be unlawful for any owner to possess, keep, care for, maintain, or harbor a dangerous animal.” If the amendment does not pass in November, all breeds with 50% pit ancestry will be immediately considered illegal and prohibited, and their owners engaged in “unlawful” behavior for owning them subject to Aurora Municipal Code Chapter 14-7, and thus subject to General Penalty as defined in Section 1-13. If citizens of Aurora are suddenly commiting crimes just by owning these dogs, it will lead to an exponential and dangerous increase in incidents due to breed abandonment, as it would with any breed. Please urge your constituencies to vote yes on this measure in November where possible. If we don’t, it can lead to both an increase in incidents, reduction of public safety, and the sudden criminalization of an estimated 5,600 households in Aurora.
– The End Aurora BSL Team