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Boston: Dog Recreation Spaces Ordinance

Only three days to som|dog's Conway Park Clean-Up!

On the Boston City Calendar tomorrow is an item of interest to dog lovers:

Title: Hearing

Boston City Council
Docket #1371
Ordinance re: establishing procedures for the Creation,
Maintenance, and use of Dog Recreation Spaces [pdf].

Location: Boston City Hall
Christopher Iannella Chamber
5th Floor
Boston, MA 02201

Time: 1:00 PM

Nearest T Station:Government Center

This is a public hearing: If you are interested in dog recreation in Boston, please attend this important meeting!

For more information contact Councillor Michael Ross, or Alicia Rampulla, City Council Government Operations Liaison, (617) 635-4645/1185.

Via personal e-mail. See also The South End.

Addional information (from Boston Dogs):

Date: Tue Oct 26, 2004 2:03 pm
Subject: [Bostondogs] "Dog Recreation Space" Ordinance

. . .

The following is a message I sent to the South End forum (South End Neighborhood BB) to let folks know the actual thrust of the proposed ordinance. I thought it might be helpful to share it with this group:


Many folks have received a message today . . . from Randi Lathrop [Deputy Director of Community Planning for the Boston Redevelopment Authority] announcing that City Councillor Mike Ross will be holding a public hearing on "making dog parks legal" on November 18, 1-4 PM at City Council chambers. That message has generated lots of questions. I thought I would provide . . . a bit of background so that Southenders are reasonably well informed on the issue.

Over a year ago, Councillor Mike Ross (District 8, Back Bay, Beacon Hill, Fenway) created a Task Force specifically to look at dog recreation space needs and to help craft legislation that would address long-standing complaints by both dog owners and non-dog owners alike. The Task Force included representatives, myself included, from many of Boston's neighborhoods (Back Bay, Roslindale, North End, South End) including non-dog owners such as folks from the Boston Runner's Club, North End Baseball, as well as many dog owners from throughout the City, and reps from Animal Control, Parks and Recreation, MSPCA, and others. The Task Force went about the work of trying to identify basic dog recreation space needs and possible balanced and sensible solutions. I think it is safe to say that the draft legislation1 introduced by Councillor Ross [at the regular meeting of the City Council of the City of Boston in the Christopher A. Iannella Chamber, City Hall] on October 6 represents the sentiments and recommendations of virtually all of the Task Force participants, dog owners and non-dog owners alike.

In addition, other Boston City Councillors were invited to participate in the Task Force work as well, and some occasionally did personally participate or ask their staff to attend meetings. An important historical note to help frame the issue: this legislation represents the first time in the history of the city that an ordinance has been offered to actually deal with and propose solutions for the dog recreation needs of Boston's residents. Honest. First time. It is a somewhat sad footnote to realize that our fair city today literally remains the only major metropolitan city in all of the US (and Canada) to have absolutely no legally sanctioned spaces or strategy to deal with the recreation needs of city dog owners.

Every other major city in the nation long ago recognized the need and created solutions. Thanks to Mike Ross, Boston may finally be able to join them.

The exact title of the legislation introduced by Councillor Ross is "An Ordinance Regarding Establishing Procedures for the Creation, Maintenance, and Use of Dog Recreation Spaces." The title importantly and accurately reflects both the actual content of the legislation as well as the overall approach to the issue that the Task Force ultimately embraced.

Simply put, the ordinance takes into consideration the unique character of every Boston neighborhood, the specific availability and limitations thereof of park and other space in any given neighborhood, the need to define dog recreation spaces specifically suitable for a given geography and user population, and the need for strong and on-going community and neighborhood support and maintenance for any approved designated dog recreation space. The legislation sensibly rejects a "cookie cutter" approach to "dog parks." Particularly in Boston, one size or approach does not fit all. Space availability, for example, in neighborhoods like Roslindale or West Roxbury, is dramatically different from that of the North End, Beacon Hill, or the South End. The number and actual acreage of Boston's parklands differs tremendously from neighborhood to neighborhood.

And the level of community based support for on-going maintenance will differ from neighborhood to neighborhood.

In sum, the legislation creates a procedure for neighborhood groups (applicants) to generate proposals (including very specific requirements) for the creation and on-going maintenance of "Dog Recreation Spaces." The proposals are then submitted to the Parks Commissioner for final approval. Proposals may include anything from defined spaces exclusively dedicated to dog recreation to varying proposals for a specific designated space to be used for dog recreation at certain times, on certain days, or at certain times of the year. While some neighborhoods may be able to create and support a full-time "dog park," such as the "unofficial" Peter's Park dog space [on Washington Street at Perry Street], others may have to craft
a dog recreation space proposal that is part-time based on space limitations and competing park user needs, such as the current "unofficial"[sic] early morning dog recreation program in place in one section of the Boston Common2.

By the way, the ordinance also has clear provisions to allow the Parks Commissioner to close down permanently any approved "dog recreation space" that is not maintained properly or that becomes either a nuisance or detriment to the neighborhood.

Because current Boston ordinances do not allow for the creation of any sanctioned dog recreation spaces, this ordinance will permit any "unofficial" space to apply for sanctioned status and will also permit neighborhoods to propose new dedicated spaces or alternatively, time/space programs where and as appropriate.

That's essentially the heart of the proposed ordinance. I'm sure that Councillor Ross and other supportive councillors will appreciate the support of both dog owners and non-dog owners alike. I encourage my fellow Southenders to support this sensible, important, and long overdue initiative. It established a process that will allow reasonable and well-managed dog recreation space proposals to become a legal reality.

Steve Fox

1Councilors Ross, Hennigan, Turner, McDermott, Murphy, Tobin, Consalvo and Flaherty offered the following:Ordinance Regarding Establishing Procedures for the Creation, Maintenance, and use of Dog Recreation Spaces.Referred to the Committee on Government Operations[Docket number 1371].

2 An official pilot program extends off-leash privileges in Boston Common from 5:00 a.m. to 7:00 a.m.

UPDATE 18 November 2004, 8:20 AM: Added additional information with permission from the original author.

Comments

Via Boston Dogs

From: penny Date: Mon Nov 22, 2004 5:18 pm Subject: Dog recreation space update

Thanks to all of you who called, e-mailed or attended the Boston City Council Meeting on Dog Recreation spaces. If you haven't commented yet, there is still time. [ . . . ]

The council chambers was full of supporters and one group of dissenters. They were actually there to lodge complaints about a trial dog run in Peter's Park in the South End with very little comment on the pros and cons of this particular ordinance.

Councilor Mike Ross opened by explaining that the draft as presented was a starting point and the hearing was to open it to public comment and revise it as needed.

A number of city councilors, including Maura Hennigan, have signed on as co-sponsors. I had hoped to give you the official list here but my calls and emails on this topic have not been answered as of yet. I will update you when I have a complete list. Perhaps our turn out at the meeting has raised the number.

The first panel to testify was the city departments. It was obvious that the Parks Department is resistant to change. Our best hope of overcoming their opposition is to prove to them that dog families can be the best friends any park could ever have. So, when you support your park-- make sure they know you are a person interested in recreation with your dog. And a firm insistence that we are citizens who choose recreation with dogs and have to be treated equally with those who want playgrounds, tennis courts, basketball or skating.

I think the Pro-dog recreation contingent made a strong case. There are parts of the package that we feel are too hard on us and some folks addressed those.

The message that came through the clearest was that we are here, there are lots of us and we expect fair treatment.

[ . . . ]

Penny Cherubino

Via Boston Dogs

From: Stephen Fox
Date: Tue Nov 23, 2004 7:54 am
Subject: Re: [Bostondogs] Dog recreation space update

The city-sponsored Boston Common off-leash program has been in operation for almost 3 years, and no less a personage than Henry Lee, the widely respected chair of the Friends of the Public Garden, no friend to dogs, testified at the hearing that the program "worked well..." and "..if it's not broken, don't fix it." He does not, however, want to see dog recreation spaces in the public gardens, a position no one anywhere disagrees with. So we actually have a real-life city-supported and city-maintained "programmatic" solution to dog recreation needs that, by all accounts, is working well.

Peter's Park, in contrast, is a product of pure grassroots effort based on a growing neighborhood need, similar to what is happening "informally" every day in dozens of Boston's neighborhoods. For Peter's there is no city infrastructure funding, no support, no on-going capital appropriation, no engineering studies, in sum, no city oversight, as there would be for every other city parks project. The Parks Department has from the very beginning stood on the sidelines of the Peter's Park "experiment" hoping, some have speculated, that it would die in its infancy and they would then have an "I told you it wouldn't work" moment. But the Peter's Park dog area users have refused to let it die, even as it is today, more than ever, being criticized for all its problems.

But people need to understand that because it is the only "fenced in" dog area in the city, the Peter's Park dog area has always been, since it opened, a "magnet" not only for all of the city's dogs, but to various dog walking services from several Boston suburbs like Arlington and Cambridge. It is absolutely no surprise that with no established behavioral norms, no access controls, no city support, and its status as the "only" fenced in city dog area, that Peter's was destined to have some problems.

The beauty of the pending ordinance is that it will address all of the "problem areas" now plaguing Peter's Park. Groups establishing dog recreation areas will be able to propose better management structures (time and space limitations), contracted maintenance services, access controls (such as keys and special dog tags similar to "resident only" parking). While none of these elements will independently solve all problems, the ordinance provides a legal framework for neighborhood groups to propose sane and responsible programs to meet a growing dog recreation need that is simply not going away. We can either continue to have dog owners "creating" their own "informal" areas throughout the city, tearing up grassy areas, and sometimes creating dust bowl spaces, with no responsibility for upkeep or problem-solving, or we can actually create a reasonable framework whereby dog owners can become invested in their own neighborhood dog recreation spaces, just as tot lot users, b-ball players and every other park amenity user, and help to establish both behavioral norms--as in the case on Boston Common--through the full participation of responsible neighbors dog owners and non-dog owners alike.

One final comment. I heartily reject as both silly and irresponsible the "head in the sand" mentality that embraces the notion that "no dog recreation spaces" is in fact a solution. The reason that there are no dog spaces in the city is not because of Peter's Park, it is in fact because the Parks Department has been completely unwilling to even consider the issue. As is true of much in Boston, change is a daunting mindset challenge perhaps more than anywhere else on the planet. I continue to be astonished at comments that seem to justify Boston's inaction. Boston today is the ONLY major metropolitan city in the entire US and Canada to have absolutely no sanctioned, designated and supported dog recreation spaces or framework. Manhattan alone has nine dog recreation spaces--all created through a public-private partnership. Check out any other city from Savannah to San Diego and you will find that Parks professionals throughout the country, with Boston as the sole exception, have been managing this issue with innovative and reasonable solutions for many years.

As Bostonians, we should all be ashamed at our status as the nation's lone hold out.

Via Boston Dogs

From: Stephen Fox
Date: Tue Nov 23, 2004 1:15 pm
Subject: [Bostondogs] Dog recreation space update

[ . . .]

I am one of the closest abutters to a very small pocket park (currently only a dirt lot) in the South End (Hiscock Park) that is about to get a 120K renovation. It is a fact that there are abutters here that are far closer to this park than anyone at Peter's (one abutter forms one side of the park). For 15 years that space has been used exclusively by dogs, their owners, and scads of dog walkers. It is unfinished and has absolutely no amenity whatsoever--not even water.

When we held open community meetings to redesign the park, there was amiable and almost universal neighbor agreement that we wanted to continue to offer some space in our little park for neighborhood dogs and their owners. We also wanted some passive space off limits to dogs, and so together with the landscape architect and the Parks Department, we came up with a design that represents the very first time that a park was actually officially designed in Boston with a specifically designated multi-use "dog friendly zone." Keep in mind this park is only the size of two city lots, but despite its size limitations and its abutter proximity, we felt it was important to address the dog owner constituency in our redesign (instead of simply ignoring them and then inevitably inheriting misuse later). Because the dog friendly space is not large, it will be great for those who don't need the spaciousness of an African plain to exercise their dogs. Small space, small accommodation, reasonable design appropriate to the geography, and sensitivity toward park users and the needs of abutters (me included). That's the way it should be done. We've not walked into this blindly--we have 15 years of experience with dogs using the space almost exclusively as a de facto dog run.

[ . . . ] Yes, there are extremely rude and inconsiderate dog owners or keepers and they are a pain in the butt. One (of several) rules that we may post once our park is renovated is a notice that if your dog does not respond to a "no bark" command, he/she is not welcome to use this small and closely situated park. Over the years, particularly as new people move into the neighborhood, we have had some real problem barkers, and I have been pretty vocal myself in telling these fairly clueless owners that they need to train their dogs or don't bring them to a public place. It's about the same message I would give to a rude or bullying child abusing a park. It's simply not fair to responsible dog owners or to non-dog owners. The new ordinance specifically prohibits any dog keeper from bring more than 3 dogs into a recreation space at any given time. Not more than ten minutes ago, I watched a professional dog walker bring 12 dogs by herself into my little soon-to-be-renovated park; the dogs scattered and there is no way she could possibly monitor every conceivable opportunity for those dogs to relieve themselves.

[ . . . ]

Peter's Park, like all other parks, must find ways to manage problems, devise innovative solutions, including imposing restrictions or conditions on user access, and work with abutters and non-dog owners to create neighborhood specific solutions. In the aftermath of petitions and heated arguments, that's what dog owners and non-dog owners should be doing together. I know many of the Peter's Park users and organizers, and my experience tells me that the vast majority are both reasonable and considerate and do not want to create an untenable living situation for anyone, especially abutters. But there must be room for accommodation on both sides.

Call me crazy, but every other city in the nation (and pretty much in the developed world) has managed to work their way through this. Are we really so dramatically different or are we simply unwilling to compromise?

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