Lafayette Municipal Judge Roger Buchholz suggests that Lafayette City Council revise ordinance.

Today, Judge Roger Buchholz denied a motion to dismiss the criminal case against Tim and Kelly Walker, owners of Spork, stating that the Lafayette vicious animal ordinance does not conflict with Colorado state law. However, Judge Buchholz did note in his opinion that the defendant did raise a “reasonable provision for a legislative body to consider” with regard to exempting animal health care workers from the ordinance. He went on to say that “the Lafayette city Council and other city councils may want to review and revise their ordinances.”

A hearing before the Lafayette Municipal Court has been granted for Defendant Walker’s Motion to Dismiss at 1 p.m. (MST), Friday, March 5, 2010 at the Lafayette Municipal Court, 451 North 111th Street, Lafayette, Colorado 80026. Defendant Walker’s motion to dismiss charges seeks to declare the City of Lafayette’s ordinance on vicious dogs unconstitutional as applied under Colorado law due to the conflict with the state statute.