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December 30, 2006

What makes dog parks successful?

In an article that ran in the Brookline Tab on November 30, 2006, Correspondent Lara Farrar contributed a story about off-leash hours at Winthrop Park, in which she spoke with people from neighboring communities about successful off-leash recreation programs.

Ward Three Alderman, Thomas Taylor, commented very graciously about the partnership of the City of Somerville and the Somerville Dog Owners Group.

     Thomas Taylor is an alderman in Somerville who advocated for the city's first dog park. He said what has made a big difference is the Somerville Dog Owners Group, an independent group that has rallied for off-leash spaces, even raising money to fund the projects.

     "If you can create a group, that could make a big difference," he said.

Thanks, Alderman Taylor. Somerville's Ward Three, the only Ward with an Off-Leash Recreational Area, gets my vote as the Best Ward in the City!

December 21, 2006

Irresponsible and Responsible Celebrity Dog Owners

Britney Spears tops the charts of The New York Dog and The Hollywood Dog as worst celebrity dog owner because she abandoned her three dogs. Am I the only one who recognized that Spears was a bad dog owner when she kept dogs as fashion accessories?

The title of Best Celebrity Dog Owner was taken by Oprah Winfrey, whose five dogs each have a personal nanny. While hired pet-care does not top my list of criteria for responsible dog ownership, the cause of pet-friendly lodging was certainly served when the Ritz-Carlton St. Louis arranged for “'special amenities' . . . for two canine companions of Oprah Winfrey when she came to town." Winfrey is also among the celebrities who "signed wooden 'dog bones' for a charity auction benefiting the Mississippi Animal Rescue League."

December 17, 2006

Responsibility and Off-Leash Recreation

Tyler B. Reed, writing for the Framingham TAB, has a very balanced article about responsible dog-owner behavior as the critical ingredient for multi-use parks that permit off-leash recreation: "Teaching your dog to listen" (December 14, 2006). For his article, Reed interviews pet professionals whose voices were noticeably absent from the discussion about off-leash recreation at Callahan State Park at a public meeting in Framingham earlier this month.

Darlene Arden, a Framingham resident and member of the Dog Writers’ Association of America, Inc., observes that "the people who are really responsible with their dogs are suffering." She articulates a point-of-view that many responsible dog owners and responsible dog owner advocates share:

I love the idea of people out exercising with their dogs and having fun. [. . .] I have no problems with having areas where dogs can go on-leash and off-leash, but I want everybody safe.

Reed also speaks with Bryna Davidow, a trainer and owner of Framingham-based Must Love Dogs.

Davidow also supports off-leash recreation but is realistic about the necessary skills that dog owners must master before responsibly allowing their dogs off-leash in public open space.

It's certainly very scary when a dog is running up to a person who doesn't like dogs," she said. "I think being off-leash in a place where other dogs are also off-leash and having the dogs learn to play appropriately is a fabulous experience.

Is there a license that municipalities could use to reasonably assure that people have mastered the skills and the rules to recreate with their pets off-leash in public open space? In fact, there is. Arden points to the American Kennel Club's Canine Good Citizen certification program. Canine Good Citizen (CGC) certification has two requirements: 1) the owner must sign the Responsible Dog Owners Pledge, and 2), the dog, working in a team with his owner, must pass a test that covers ten skills that are necessary for dogs and their owners as upstanding members of their communities.

The Charles River Dog Training Club (CRDTC) is offering the Canine Good Citizen Test tomorrow evening, December 18, from 6:45 to 7:30 at University of Massachusetts Field Station, located at 240 Beaver Street in Waltham, MA. The CRDTC will offer CGC testing again on March 26, 2007 and May 19, 2007.

December 14, 2006

Park Users Thank the Somerville Department of Public Works

The Somerville Journal today printed a letter from park users, thanking employees of the Somerville Department of Public Works for the work they did earlier this month on improvements to the Nunziato Off-Leash Recreational Area.

Letter: Thank you for dog park help Thursday, December 14, 2006 - Updated: 00:00 AM EST

To the editor:

On behalf of the people who enjoy the Nunziato Off-Leash Recreational Area (OLRA), we thank the men and women of the Somerville Department of Public Works who installed the new surface at the park. The new surface of course stone dust absorbs rainwater, it does not retain the smell of urine, and it inhibits the growth of bacteria. We love it.

Maintenance of the Nunziato OLRA is funded through contributions to Somerville Unleashed, the city of Somerville’s revolving fund for off-leash recreational areas. In this season of giving, we invite everyone who enjoys off-leash recreation at Nunziato Field to consider making a tax-deductible donation to Somerville Unleashed.

Checks payable Somerville Unleashed may be sent to: Somerville Unleashed, c/o Carlene Campbell, City Hall, Mayor’s Office of Strategic Planning and Community Development, 93 Highland Ave., Somerville, 02143.

We appreciate the continued support of the city administration for off-leash recreation.

Michele Biscoe with Strummer
Preston Road
Matthew Cordoso with Renton
Prescott Street
Bill Ritchotte with Suki
Pearl Street
Barbara Wackrow with Chief
Princeton Street

December 11, 2006

Off-leash Hours in NYC Parks codified

The New York Council of Dog Owner Groups (NYCdog) cheers the unanimous vote of the NYC Health Board to amend Section 161.05 of the City Health Code, commonly known at the "Leash Law," granting the NYC Parks Commissioner explicit authority to permit off-leash recreation in the New York City parks at certain locations and at certain times.

December 5, 2006

Summary of Callahan State Park (Framingham) Meeting

Five Somerville dog owners were among over 150 people who attended a public meeting held by the Department of Conservation and Recreation in Framingham, MA about off-leash recreation at Callahan State Park

The turnout was impressive and largely dog-friendly, favoring Callahan State Park being maintained as an off-leash park. The Callahan Canine Owners Association did a great job of getting people to attend the meeting. People entering the meeting room were offered red pieces of paper that read "Keep the trails at Callahan State Park open to off-leash dogs." A few people had "My Dog Votes" signs.

Also in attendance were State Representative Tom Sannicandro (Seventh Middlesex, consisting of the town of Ashland, and precincts 8, 10, 11, 12, 15, 16 and 18, of the town of Framingham, both in the county of Middlesex) and State Representative-elect Pam Richardson (Second Middlesex and Norfolk, consisting of Ashland, Framingham, Holliston, Hopkinton and Natick, precincts 1 to 5, inclusive, and 8, in the county of Middlesex; Franklin, precincts 1 and 5 to 8, inclusive, and Medway, in the county of Norfolk).

At the meeting the DCR was represented by Callahan State Park Supervisor, John Dwinell; Chief of the Bureau of Recreation, Gary Briere; and Regional Director, Susan Hamilton. The DCR did a good job of facilitating audience response. They said that the draft proposal would be put up on the web at www.massparks.org (which redirects to the DCR main page), and that they would continue to accept written comments into February.

Dwinell presented the draft proposal of the new leash restrictions at Callahan Park explaining that the DCR's goals in drafting the new policy were to protect the perimeter of the park and the abutters' properties and to maintain a multi-use park. In its draft proposal, the DCR has tried to create two loops of trails, one accessible from the South Entrance and one accessible from the North Entrance, where dogs would have to be on leash, ostensibly to afford users without dogs an improved park experience.

Dwinell confirmed that the DCR has received complaints and that they have banned [individual] dogs from Callahan State Park.

During Dwinell's presentation, there was a lot of unruliness in the audience—people interrupting the presentation to comment on flaws in the proposal and other people in turn replying about the merits of the interruptions. Indeed Dwinell had to go over the presentation a second time. Members of the audience felt that the DCR was not entirely familiar with the draft proposal.

Gary Briere, Chief, Bureau of Recreation, facilitated the greater part of the meeting, dedicated to discussion, and, for the most part, the audience was respectful and spoke in turn for the remainder of the meeting.

Briere said that, according to DCR regulations, dogs are not allowed on properties except under conditions set by the Director. There are places where the DCR does not want dogs, and there are other places where it is taken for granted that people will have their dogs off-leash. Callahan State Park, he said, is the most dog-friendly park in the park system. It the only park in the system where dogs are allowed off-leash on the entire property. The Park was all off-leash until this summer. Now it is all on-leash: the proposed policy would relax the leash restrictions at Callahan. He also clarified that whereas changes to regulations require a public process, changes to policies do not.

A park user observed that a brown board at the south entrance to the park establishes a policy of voice control over pets at the park.

Several comments addressed the details of the DCR's draft proposal. People wanted to know the number of on-leash trails in the proposal and the number of on-leash trails in the proposal. They also wanted to know the mileage of on-leash and off-leash trails. People commented

  • that the only way to leave Eagle Pond, a proposed off-leash area, would be either to return the way you came or take an on-leash trail;

  • that the proposed on-leash trails are the route of one park user's habitual morning run with his off-leash dog;

  • that the flatter trails are being marked as on-leash trails;

  • that it would be difficult to remember which trails are on-leash and which are off-leash;

  • that the trails on the flatter terrain of the south park are easier for mountain-biking;

  • that, since the DCR's policy change in the past few months, people have started harassing people with dogs, and there has been more head-butting between user groups since the new restrictions have been imposed;

  • that it would be diffficult to enforce the proposed policy, and that, if the trails are not clearly marked on-leash or off-leash, there would be arguments among users about trail usage.

There were also several comments on the DCR's process of changing its policy and notifying the public:

  • a majority of users is being punished for the actions of a few

  • the practice of spreading manure at the park and the lack of notification to park users makes users feel like the DCR does not want them there;

  • the DCR has made a "strategic assumption" that an entire group of users is responsible for a few incidents and must be targeted by enforcement, and the policy change is in fact a shift from maintaining a park system that serves all uses to maintaining individual parks that serve all users;

  • the restrictions are excessive, and the DCR should address specific complaints rather than blanketing the entire park with restrictions;

  • the policy was drafted without prior discussion, and the rules are unenforceable

  • the proposal is a gross overreaction to the problem.

Several alternatives to the draft proposal were offered:

  • off-leash hours rather than off-leash trails;

  • since the trails around a nearby reservoir are off-limits to dogs, that area is a local option for park users who do not like dogs.

  • increased signage and education about what "voice control" means;

  • mutual respect rather than the curtailing of privileges;

  • a study of park usage to determine the percentage of users with dogs;

  • limiting the number of dogs an individual is allowed to have off-leash at the park;

  • addressing unacceptable behavior;

  • self-policing among park users;

  • more trash barrels;

  • "walk at your own risk" signs, similar to the "swim at your own risk" signs the DCR posts because it can't afford to hire lifeguards;

  • keep Callahan the way it is, and steer park users without dogs to other locations in the system.

People were also interested in talking about current usage and specific problems at Callahan State Park.

  • A Framingham resident with a swimming pool, a six-year-old daughter and three dogs observed that, by law, pool areas must be fenced in: She asked how dogs from Callahan Park were getting into neighbors' pools;

  • A park user who walks his dog on-leash complained that off-leash dogs run up to his dog and that the owners are nowhere to be found;

  • A Maynard resident said her niece's daughters are petrified of dogs;

  • A woman who bought a home in Framingham to be near and spend time at Callahan Park said that even in the winter, fools like her are in the park with their dogs, and that dog owners make it clear to other dog owners when their dog's behavior is unacceptable;

  • Someone said that sometimes people come to the park with just one dog that they cannot control;

  • A resident said she does not like dogs in the park and she does not like it when dogs approach her children, and that it's a problem that people come from all over the state to use the park because it's the only park where dogs are allowed off-leash;

  • A professional dog walker said that she brings six or seven good dogs, whose owners pay taxes, to the park at a time;

  • A "part-time" dog owner said her vet told her not to bring her dog the the park because of dog feces in the park;

  • A woman told a story about a homeowner who was cornered in his garage by two dogs from Callahan;

  • A dog owner said she makes a point of bringing her dog to the park on weekdays when she knows the dog walkers will be there with dogs for her dog to play with;

  • Someone commented that they have observed dogs running onto abutters' properties;

  • Another professional dog walker said that she uses both the Marlborough and the Framingham sides of the park, that she interviews her clients before accepting their dogs, that she routinely kicks dogs out of playgroups, and that, as a business owner, she cannot risk a lawsuit;

  • The owner of a German Shepherd recalled that one evening an older woman who was afraid asked her to walk her to her car;

  • Someone acknowledged that, though it was probably not people at the meeting, some people do not clean up after their dogs;

  • In fifteen years, one mountain-biker/dog-owner/parent has only encountered a few dogs he didn't like because people tell the owners to get those dogs out of the park;

  • A mountain biker described an incident in the parking lot after he had leashed his dog when another leashed dog attacked his dog: both owners prevented their dogs from getting at one another and were surprised because the two dogs had been playing together off-leash moments before;

  • A third professional dog walker said she takes pride in her work, that her rules are strict, and that her dogs obey her better than they obey their owners;

  • A woman representing an equestrian group and a hunt club said that , while, it would be difficult to ride a horse with a dog on leash and for the hunts to go through on leash, on the other hand, it is better for horse people if other people's dogs are on-leash;

Some people shared general information about canine behavior:

  • A woman who volunteers at a humane society in Sudbury explained that a leashed dog can behave more aggressively than an off-leash dog because his restricted ability to get out of an uncomfortable situation leaves him no alternative than to attack;

  • A member of the audience said that well-trained off-leash dogs are better canine citizens.

Several accounts of the donation of the land and it's historical use were proffered:

  • The people who donated the land to the State stipulated in the terms of the gift that dogs should never be required to be leashed on the property;

  • Two women owned the land: one donated her land to the State, the other sold her land to the State; one woman maintained kennels on the property; both women were animal lovers, affluent and loved people;

  • horse-back riding used to account for 70% of park usage at Callahan State Park.

Finally, in the course of the meeting, which ran over two hours, there were a couple of poignantly humorous moments:

Someone said that she heard rumors that teens were responsible for recent instances of vandalism at the park and asked if teens were being banned. Briere joked that he would love to be able to ban vandals, to which the citizen remarked that, just as it would be desirable to be able to ban only the vandals, it would be desirable to ban only the irresponsible dog owners.

A young resident said that if a dog goes to the bathroom its the same as if a horse goes to the bathroom: you still have to pick it up.

Someone, who asked what the fine is for having a dog off-leash, was told $50. He asked if he could pay now.

December 3, 2006

Congratulations NYCdog!

The New York Council of Dog Owner Groups applauds the State Supreme Court ruling from Judge Peter J. Kelly on November 30, 2006 denying, in its entirety, the Juniper Park Civic Association’s petition to compel the Parks Department and the City of New York to end the successful 20-year off-leash courtesy hours policy (9 PM until parks close, and when they re-open until 9 am, only in certain designated Park spaces).

In May 2006 the so-called* civic association interpreted existing municipal ordinances to prohibit the Parks Commissioner from designating off-leash courtesy hours in parks without designated off-leash areas. The NYC Health Board votes on Tuesday on new regulations that would clarify the Parks Commissioner's authority to designate off-leash courtesy hours in parks without designated off-leash areas.

*In my humble opinion, there is nothing "civic" about an association that wants to deny the enjoyment of public open space to 40% of their neighbors.

NYS Supreme Court Justice Peter J. Kelly's Nov. 30, 2006 Ruling is a good read. The Justice writes, for example,

the petitioner [Juniper Park Civic Association] has submitted photographs, news articles, and affidavits which, taken in a vacuum, would lead to the inescapable conclusion that any individual daring to venture in or near a City park would expect to be harassed by marauding hordes of vicious dogs whose owners sit idly by viewing the carnage much like spectators in the Roman Coliseum (5).

The court found the representations of off-leash recreation both by the JPCA and by NYCdog "philosopically interesting" but "totally irrelevant to the legal issue that must be decided" and determined that

the question that must be resolved is an apparent inconsistency between the Health Code which contains a balnket prohibition against dogs being permitted off-leash in public, and the Parks Department Rules that, although containing a similar prohibition, also include two significant exceptions. Specifically, section 1-04[i] of the Parks Department Rules states that dogs are permitted off-leash inside City parks when within established "dog runs" (See, 56 RCNY 1-05[s][3]) and "as permitted by the Commissioner.      In light of the introductory notes to the Health Code which, among other things, acknowledge the Parks Department's cnocurrent oversight of public health issues as they relate to the City parks, and recognizing the Commissioner's jurisdiction over the management of City parks and duty to promulgate rules in relation thereto, the court concluded that the Parks Department Rules, including its exceptions, are controlling under the circumstances (8).

Therefore,

the [petitioner's] claim that the Commissioner was not authorized to implement "courtesy hours" for off-leash dog activity in City parks fails by the language of the Parks Rules which expressly allow the Commissioner to permit such activity (9).

Also of interest:

Basic legal precedent establishes . . . that, even if the petitioners proffered evidence of non-enforcement of the rule at issue [i.e. the rule prohibiting off-leash activity during periods other than the "courtesy hours"] in particular instances, or even in general, the court is without authority to intervene. Contrary to the petitioner's assertion, the decision whether and in what instances police power should be exercised is peculiarly and unquestionably a discretionary function (See, Mullaney v Brown, 300AD2D 307; Haydock v Passidomo, 121 AD2d 540; Kerness v Berle, 85 AD2d 695; Perazzo v. Lindsay, 30 AD2d 179). To the extent that the petitioner seeks a general order directing the respondents [the City of New York, Adrian Benepe, Commissioner of the NYC Department of Parks and Recreation and the NYC Department of Parks and Recreation] to enforce the Parks Department Rules from 9:00 a.m. to 9:00 p.m., such relief is unavailable since "'[m]andamus [does] not lie to compel a general course of official conduct, as it is impossible for a court to oversee the performance of such duties'" (Walsh v La Guardia, 269 NY 437m 442, citing State ex rel. Hawes ve Brewer, 39 Wash 65; Community Action agains Lead Poisoning v. Lyons, 43 AD2d 201, 202-203) (10).

"In the face of the angst and vitrol exhibited herein," the court acknowledges that

common sense would dictate that something more than an "unwritten policy" governing the off-leash use of parkland by dogs, which is known by few and misunderstood by many, is required in this instance (11).