Proposal for Dog Off Leash Areas

8/8/2019 Proposal for Dog Off Leash Areas

1/37

1

Proposal for Designated Dog Off Leash Areas within theCity of Newburyport

Prepared by: City of Newburyport Dog Off Leash Task ForceAugust, 2010

Task Force: Kim KudymIan PopkenKaren PopkenMarcia Sherman, ChairJan SzulukScott MortimerSusan Crawford

Dogs are not our whole life, but they

make our lives whole.- Roger Caras -


2/37

2

Table of ContentsExecutive Summary ....................................................................................................................................................3

Introduction .................................................................................................................................................................4

Purpose ......................................................................................................................................................................4

Overview ..............................................................................................................................................................5

Section A: Needs and benefits to our community .................................................................................................5

Section B: Addressing potential questions, concerns and misconceptions - unleashing the truth! ......................9

Section C: What are other communities doing? ................................................................................................. 12

I. More densely populated communities .......................................................................................................... 12

II. Suburban communities ................................................................................................................................ 16

III. Rural communities ..................................................................................................................................... 17

Section D: Conclusion ....................................................................................................................................... 19

Recommendations ........................................................................................................................................ 21

(A) Table I. Designated Off Leash Areas & Times ............................................................................................ 21

(B) Table II. Areas to be maintained exclusively as on leash areas * ................................................................ 22

(C) RULES OF ETIQUETTE FOR DESIGNATED OFF LEASH AREAS DURING DESIGNATED OFF LEASH

TIMES .................................................................................................................................................................. 23

Appendices .................................................................................................................................................. 24

(A) Town of Brookline Green Dog Program brochure

(B) City of Cambridge Off Leash Dog Guide and Shared Use Pilot Program Information brochure

(C) City of Cambridge Off Leash Areas Map

(D) US Department of the Interior National Park Service letter

(E) Commonwealth of MA Executive Office of Environmental Affairs letter

(F) Town of Lexington Conservation Areas/Off Leash Areas & Rules

(G) Town of Lexington Conservation Areas/Off Leash Areas Map

(H) City of Portsmouth Off Leash Areas Map


3/37

3

Executive Summary

The goal of this proposal is to balance the needs of the estimated 40 percent of the City of Newburyportsresidents who own a dog with the needs of those residents who do not own a dog. This proposal provides legalopportunities for dog owners to allow their dogs to be off leash, but only in designated areas, at specified times,and subject to applicable rules. This proposal presents an efficient and equitable resolution to the sometimes

competing needs for the use of the Citys limited parks and similar public spaces on the part of Newburyportstaxpaying, voting residents.

The goal of this proposal is not to establish a dog park, an inequitable strategy, which would promote exclusionand intolerance by isolating and limiting a certain group of residents to a single location for their recreationalneeds. Additionally, unlike a single dog park, the designated off leash areas under this proposal are distributedgeographically throughout our City, thereby avoiding parking problems, congestion and other impacts that wouldresult from a dog park approach. Instead, this proposal is intended to accommodate fairly as well as reasonablythe needs of all residents who wish to use the Citys parks and similar spaces. Moreover, this proposal excludesthe vast majority of the Citys public spaces from being designated off leash areas. Numerous categories of areasincluding, for example, school grounds, athletic fields, playgrounds, tennis and basketball courts and official openspace all are excluded from being off leash areas. Likewise, the boardwalk and rail trail, which frequently areused for dog walking, are to remain as on leash areas.

The strategy presented in this proposal, which, again, provides that dog owners may allow their dogs to be offleash only in designated areas during certain times and subject to specified rules, is neither innovative nor unique it is based, in large part, on successful programs already in place in several other communities, namelyBrookline and Cambridge, MA, Portsmouth, NH and Portland, ME, to list a few.

This proposal includes, among other things:

A discussion of the needs and benefits of this designated off leash proposal

A section addressing potential concerns

Examples of off leash programs from numerous communities, with associated supporting information inappendices

A Table of Designated Off leash Areas and Times and accompanying Rules of Etiquette

This proposal was developed in the spirit of finding a compromise that responds to the legitimate interests of allresidents. It not only reflects successful off leash programs in effect elsewhere, but also the reported experiencesof local officials involved in oversight of those programs. Additionally, this proposal is premised on the following:

Designated off leash areas result in improved dog behavior, which benefits the community as a whole:Dogs allowed to exercise off leash make better neighbors than do under exercised dogs. Dogs thatreceive adequate exercise, through vigorous play or opportunities to run, are less likely to create anuisance, bark excessively, destroy property, or exhibit aggressive or other antisocial behavior.

Designated off leash areas foster community involvement: In an era when people often are reluctant oreven afraid to approach or converse with a stranger, designated off leash areas bring people together,which creates a greater sense of community and promotes community involvement. In fact, the authors ofthis very proposal met one another while recreating with their dogs at Cashman Park. They volunteeredsignificant time to develop a solution to an important issue the City currently is facing.

Designated off leash areas promote compliance: Unduly restrictive access policies not only areinequitable, but also are counterproductive. Unreasonably harsh and overly punitive leash laws canoperate to promote conflict. When an approach to restrictions is fair and reasonable, people are more aptto comply. Off leash spaces reportedly reduce the resources law enforcement and animal control officialsmust spend on enforcing leash laws, allowing them to devote their time to other areas. Havingdesignated, legal off leash opportunities reduces the likelihood that dogs will be allowed off leash in otherrecreational places or at times when off leash access is not allowed.

The City of Newburyport should be committed to making some public lands available for all residents to useenjoyably. As a community, we need to respect and accommodate each other and to share equitably the publicspaces that we all seek to enjoy.


4/37

4

Introduction

This is a proposal for designated dog off leash areas, during specified hours, within the City of Newburyport. Thisis nota proposal to establish a dog park, which not only would isolate dog owners from the rest of the communityand perhaps even promote animosity among residents, but would continue to unduly restrict dog owners use andenjoyment of our parks and other open spaces. Moreover, a dog park would concentrate off leash use within asingle area and neighborhood, likely resulting in parking issues and other impacts. Instead, this approach affordsdog owners geographically dispersed places to exercise their dogs off leash, safely and legally, encourages gooddog behavior through socialization, and provides places for dog owners to work on community building,networking, and socializing. Further, this approach provides seniors and physically challenged dog owners easilyaccessible areas to exercise their dog companions. As is described in detail below, dog off leash programs havebeen adopted by numerous cities and towns throughout Massachusetts as well as in many other states.

Citizens for Off-Leash Areas in Seattle simply call their off leash areas OLAs. In Berkeley, the term multi-usearea refers to the multiple legitimate uses, including off leash dogs, which are allowable in sections of parks. And,in Indianapolis, their recently inaugurated area is called a Canine Companion Zone.

As they walk their dogs day and night, dog owners have long been the eyes and ears of our neighborhoods.Providing appropriate places for dog owners to gather legally, with their off leash dogs, would only strengthen this

valuable asset to our community as well as otherwise benefit our community as a whole.

Purpose

The purpose of this proposal is to make equitable provisions to meet the needs and demands for off leashrecreation by responsible dog owners in Newburyport. Currently, City ordinances unreasonably prohibit dogowners from exercising and socializing their dogs off leash in public spaces. Fines of $75.00 may be imposedagainst dog owners for violation of leash ordinances. Further, following three off leash violations, even a wellbehaved dog ultimately may be taken from its owner. Recently, dog owners have been frustrated and evenoutraged at the intensity at which animal control officers have issued tickets for seemingly benign off leashoccurrences. This, in turn, has resulted in numerous complaints to city officials as well as an attitude ofintolerance and exclusion toward dog owners. To avoid continued and escalating conflict and, more importantly,

promote a community where dog owners, subject to reasonable restrictions, are allowed to exercise and legallysocialize their dogs off leash, municipal ordinance revisions are warranted. Accordingly, to ensure legal off leashdog recreation in a variety of, but certainly not all, public parks, at reasonable times and in designated areas, isthe core purpose of this proposal.


5/37

5

Overview

Proposed are specific off leash hours in designated areas of certain parks (presented in Table I, in theRecommendations section of this Proposal, below) along with accompanying Rules of Etiquette, which addressowner responsibility as well as dog behavior (see Rules of Etiquette, also in the Recommendations section of this

Proposal, below). This overall approach presents an equitable compromise for use of certain parks betweentaxpaying residents of Newburyport, those who wish to recreate with off leash dogs and those who do not.Numerous other communities in Massachusetts and across the nation not only have recognized the needs of theirtaxpaying, dog owning residents, but have addressed such needs by modernizing their leash laws. It is longoverdue for Newburyport to do the same!

To support this initiative and facilitate timely decision making, support and evidence are provided in sections Athrough D as follows:

(A) Needs and benefits to our community

(B) Addressing potential questions, concerns and misconceptions

(C) Examples of communities that already have implemented dog off leash programs

(D) Conclusion

Section A: Needs and benefits to our community

According to Newburyport city officials, there are approximately 3,000 dogs residing in Newburyport. This means

that essentially 40 percent of the 7519 occupied households within our City have a dog. This number is

consistent with the estimated national average of 38 percent of households owning dogs. Stated another way,

given that each household has an average of 2.24 people, roughly 6720 of Newburyports 17,189 residents reside

with a dog. (The above data is based on year 2000 information.) A significant percentage of these taxpaying dog

owners utilize parks on a daily or weekly basis, often year round, to recreate with their dogs. Dog off leash spaces

provide a means for dog owners to exercise their dogs off leash and for dogs to socialize with other dogs. Dog

off leash spaces are known to have many benefits, some of which are highlighted below. The ASPCA views suchspaces as beneficial to both dogs and their owners, who frequently share dog care information and exert peer

pressure on others to become more responsible as well as demonstrate the value of the human/companion

animal bond to the public at large.1

Designated off leash areas distributed throughout our City improve dog behavior, which benefitseveryone

The link between off leash recreation and promoting acceptable behavior on the part of dogs is well established. Ithas long been recognized that dogs must be properly socialized as well as exercised to be good "canine citizens"(see, e.g., Canine Behavior, 1965). Dogs need appropriate exercise to reduce boredom and pent up energy.Access to an off leash space close to home is the safest and most effective way to ensure that owners exerciseand socialize their dogs and provide them with ongoing experiences in the outside world. This not only benefitsdogs and their owners, but also neighbors, other park and street users, and authorities responsible for urbananimal management, all of whom can be affected by unacceptable behavior on the part of unsocialized andunder exercised dogs. The behavioral benefits of well exercised and well socialized dogs are accepted by dogowners, animal behaviorists and dog trainers alike.

1American Society for the Prevention of Cruelty to Animals (ASPCA) is a nonprofit organization dedicated topreventing cruelty towards animals. See ASPCA website: www.aspca.org/
http://en.wikipedia.org/wiki/Non-profit_organizationhttp://en.wikipedia.org/wiki/Cruelty_to_animalshttp://en.wikipedia.org/wiki/Cruelty_to_animalshttp://en.wikipedia.org/wiki/Non-profit_organization


6/37

6

With respect to the benefits of off leash places, veterinarian Julie Damron, for example, has explained that offleash exercise is very important, as a dog that is frequently active is less likely to be destructive or develop otherbehavioral problems. Such issues are the primary reason many pets are relinquished and later euthanized. Dogparks [or other off leash spaces] provide good opportunities for dogs to socialize with animals and people. Thiscan reduce fear and aggression, both common behavioral difficulties. A visit is a great opportunity for people tosocialize as well. 2 The benefits of off leash exercise also have been endorsed and described by the ASPCA, asdiscussed above, as well as other humane societies for example, the P.E.I. Humane Society, which has statedthat it is committed to providing dogs and their owners the space they need to exercise, train and play. Studies

have shown that dogs that exercise and are allowed to run freely are not as aggressive towards people as dogsthat are under-exercised. Allowing dogs to have an off-leash area socializes dogs. It brings them in contact withother dogs and causes them to be less aggressive in each future encounter with dogs. 3 Further, Play andexercise are not only important for the dogs physical needs, but these physical outlets also help to cement thehuman-dog bond. (Animal Planet, 2006).4

Designated off leash areas distributed throughout our City promote community involvement

The positive effect on our taxpaying, voting dog owners, which includes increased community involvement, is yetanother reason for providing off leash spaces.5 Owners recreating with their dogs in the outdoors encouragespeople to exercise, promoting physical and mental well being.6 Also importantly, taking a dog to a community parkhas been found to stimulate social interaction (Journal of Nutrition and the Elderly, 1996). The community buildingthat takes place in off leash areas results in more cohesive neighborhoods, increased involvement in community

affairs, and a heightened sense of connectedness and community for all users of all ages. Meeting with neighborsand other residents to exercise and socialize dogs is an activity rightfully to be enjoyed by Newburyports dogowners.

Designated off leash areas distributed throughout our City should result in increased compliancewith dog ordinances, thereby necessitating less municipal oversight

Making reasonable accommodations for dog owners by providing off leash opportunities is likely to result in higherlevels of compliance with relevant ordinances. If dog owners perceive laws to be fair and reasonable, it is morelikely to elicit a compliant response. On the other hand, generally when laws are perceived to be unfair, peopleare more apt to not comply. Increased compliance reduces the need for oversight and enforcement, freeinglimited municipal staff and resources to be used more productively elsewhere.

Designated off leash areas distributed throughout our City constitute a green initiative bynecessitating less driving, resulting in increased public health and environmental protection asless driving reduces greenhouse gas emissions. This "green" approach advances our CitysGoals and Objectives for FY2011, see our Mayors Mission Statement: "Goal 3: Continue movingforward with "Green" initiatives"

According to the United States Department of Energy (DOE) and United States Environmental Protection Agency

(EPA), scientific evidence strongly suggests that the buildup of greenhouse gases in the atmosphere is raising the

earth's temperature and changing the earth's climate, both of which have many potentially serious adverse

consequences. Transportation, specifically the combustion of fossil fuels in our vehicles, is the single largest

source of human made greenhouse gases. The more fuel a vehicle burns, the more greenhouse gases it emits. It

can be surprising to know that most vehicles produce several times their weight in greenhouse gases each year.

And, most of the fuel put into a gas tank becomes greenhouse gas emissions. Burning fossil fuels, such as

2 Julie Damron is a veterinarian at Sierra Veterinary Clinic in Stockton, CA. The above information was takenfrom her article Pet Care, June 14, 2008, see www.recordnet.com.3 See P.E.I. Humane Society website: www.peihumanesociety.com4 Animal Planet.Dog Guide. Retrieved, September 17, 2006, fromhttp://www.animal.discovery.com/guides/dogs/dogcare/exerciseintro.html.5 See www.dogchannel.com.6 See www.peihumanesociety.com


7/37

7

gasoline, raises the level of carbon dioxide in the atmosphere, carbon dioxide is a major contributor to the

greenhouse gas effect and global warming. Transportation accounts for more than 30 percent of U.S. carbon

dioxide emissions.

DOE and EPA state: people can help reduce their demand for fossil fuels, and, in turn, reduce global warming, byusing less energy and using it more wisely. One of the 10 simple actions people can take to help reduceglobal warming is: Drive Less and Drive Smart. If people want to help reduce global warming, let alone airpollution, one of the best things they can do is to get out of their car. Even for relatively short distances, walking,rather than driving, can significantly reduce the amount of pollution and greenhouse gas emissions aperson generates each day.7

Additionally, according to the Environmental Defense Fund, American cars and light trucks use over eight million

barrels of oil a day. An average car emits 35 pounds of carbon dioxide every day. Cutting a 20 mile trip out of

your schedule each week can reduce your global warming pollution by more than 1,200 pounds a year.

No matter how smart one drives, leaving the car parked always saves more gas and prevents pollution.8

This proposal institutes designated off leash areas dispersed throughout our community, generally each within

walking distance of one or more neighborhoods, as opposed to establishing one isolated dog park, to which many

people would find it necessary to drive. Accordingly, this proposal promotes reduced driving, which reduces

greenhouse gas emissions and air pollution, increasing public health and environmental protection for us all. Thisproposal clearly advances our Citys commitment to green initiatives.

Implementing designated off leash areas within our City is consistent with as wellas demonstrates our City's commitment to its stated goal to promote and support a sense ofwelcome and inclusion for all residents

Last, but not least, it is the City of Newburyports Commission for Diversity and Tolerances stated mission to:

promote and support a sense of welcome, inclusion and worth for all and the elimination of prejudice,

intolerance, discrimination, and acts of hate in our community. Our City created and appointed its

Commission for Diversity and Tolerance to support these goals. That Commission is committed to creating a

caring community that welcomes and respects differences, it works to promote and support a sense of welcome

and inclusion forallresidents. To meaningfully address the needs of the numerous and responsible dog ownerswithin our City, by affording them off leash opportunities for their dogs, not only would demonstrate a commitment

to these admirable goals, but would foster their achievement. The current hostile climate toward dog owners and

the concomitant encouragement and promotion of negative publicity about dogs in the local press serve only to

undermine the Citys core values of inclusion and tolerance.

Identifying leash free spaces in certain parks and similar spaces in Newburyport, for responsible dog owners,should be based on the needs and benefits, delineated above. Further, designating leash free spaces should bepremised on the following:

Dog owners are as legitimate as any other users of our parks and public spaces, their needs should beincluded as an integral part of the Citys decision making process.

Integrating off leash recreation with other park uses allows for a more efficient and equitable distributionof resources; whereas separation and isolation, as would be the case with a single dog park, along withunnecessary, unduly harsh restrictions elsewhere, tend to create conflict as well as breed animosity.

7 See U.S. Department of Energy and the U.S. Environmental Protection Agencys jointly developed website

www.fueleconomy.gov/feg/best/GHGemissions.shtml.8 For additional information from the Environmental Defense Fund on the issue of global warming, visithttp://www.fightglobalwarming.com.
http://environment.about.com/od/greenlivingdesign/a/public_transit.htmhttp://environment.about.com/od/greenlivingdesign/a/public_transit.htmhttp://environment.about.com/od/greenlivingdesign/a/public_transit.htm


8/37

8

Dogs allowed to exercise off leash running with other dogs, catching a ball, or working at obediencetraining are happier, healthier and more well behaved dogs.

Adequately exercised dogs make better neighbors than do under exercised dogs. Dogs who exercisethrough vigorous play are less likely to create a nuisance, bark excessively, destroy property, orotherwise exhibit antisocial behavior.

In an era when people often are reluctant or even afraid to approach or converse with a stranger, off

leash exercise areas bring people together and create a greater sense of community.

Unduly restrictive and unreasonable access policies not only are inequitable, but likely arecounterproductive in managing conflicts between law enforcement and the large number of residents whoown dogs. Further, overly restrictive leash laws generally seem to result in noncompliance. If the basis forand approach to restrictions is reasonable, people will be more apt to comply. Providing legal leash freespaces results in increased compliance in other areas and frees up enforcement/oversight resources.

Access to a public park or beach close to home is the safest and most effective way to ensure thatowners socialize their dogs and provide them with ongoing experiences in the outside world.

In summary, there are numerous benefits to establishing designated dog off leash areas within Newburyport.As demonstrated above, these benefits apply not only to dogs and their owners, but to the community at large.

Based on the sheer number of dog owners, their prevalence as users of park space, their need and demand tohave reasonable off leash provisions, as well as their individual contributions as residents of our community,municipal officials must respond in a meaningful as well as a timely manner.


9/37

9

Section B: Addressing potential questions, concerns and misconceptions - unleashing the truth!

Off leash areas have been implemented successfully throughout the United States for over a decade. Often,

some people oppose these areas due to common myths and misconceptions. In reality, as explained above,off

leashareas provide great benefits not only to dogs and their owners, but also to a community at large. A review of

several communities with off leash programs reveals the following:

Will dogs be a danger to people using a park?

Dog aggression is an issue most susceptible to misinformation and misunderstanding. Though dog aggression

can occur toward humans, other dogs, and other animals, the overwhelming majority of dogs simply do not bite

people or other dogs (Domestic Dog, 1995; Canine Behavior, 1965). In fact, according to the Journal of the

American Medical Association (January 22, 1997), the vast majority of dog bites occur in the dog owners home or

immediate vicinity, i.e. in a dogs own territory, usually by an inadequately supervised protective or injured dog,.

Most cases of dog aggression do notoccur in public parks or similar open spaces. The territorial triggers simply

are not present when a dog is in the neutral territory of a public park.

Without under rating the seriousness of dog aggression in either the private home or public space, this issue must

be kept in perspective. Although concerns about dog aggression can be legitimate, the extent to which the mass

media amplify rare cases needs to be taken into account. Otherwise, failure to do so results in simplistic as wellas overly restrictive management mechanisms, which neither protect against genuine risk nor meet the needs of

responsible dog owners.

Moreover, under this proposal, dogs with a history of dangerous or aggressive behavior (e.g. history of dog fights

or reported aggression toward people) specifically are prohibited from designated off leash areas during

designated off leash times. (See Rules ofEtiquette in the Recommendations section of this Proposal, below.)

A survey of the following communities with dog off leash areas - Cambridge, Brookline, Wellesley, Somerville, and

Portsmouth, NH - revealed that incidences of dog bites in those communities did notincrease following

establishment of off leash programs. Regarding this issue, for example, the Cambridge animal control officer

(ACO) indicated that since the Cambridge off leash programs inception, there have been no reports of dogs

biting, or attacking, humans. Relative to the off leash program, the Cambridge ACO also stated: We love it! We

think it works! We dont like giving out tickets for off leash, instead it encourages dog owners to get their dogslicensed by the city, and updated rabies vaccinations are safer for everyone. The Cambridge ACO added, We

like knowing who the dogs are.

In Wellesley, where dogs generally are permitted to be off leash on all public lands at all times (with some

exceptions such as school property), there are approximately 3,000 dogs. According to the Wellesley ACO, there

have been no instances of aggression or other problems resulting from the Towns off leash experience. With

regard to allowing dogs off leash, in the Wellesley ACOs view, It is healthy for the animals and their owners.

Dogs need places to run. The Wellesley ACOs credentials are most impressive.9 The communities of

Somerville and Brookline likewise reported that they experienced no increase in dog aggression following

implementation of their off leash programs.

Will incidences of dog feces not being picked up increase?

It must be recognized that dogs defecate whether or not they are on a leash. The authors of is proposal support

efforts to better educate dog owners to promptly pick up after their dogs and we would continue in these efforts.

9 The Wellesley ACO is involved with the following organizations: National Veterinary Response Team, MAZoonotic Advisory Committee, State of MA Animal Response Team, LINK UP Education/Noahs Ark, Stray Pets inNeed of MA, Inc. and Search Dogs Northeast. Parenthetically, the Town of Wellesley sends out rabiesvaccination reminders to residents. Such information has been absent from Newburyports Department of Healthsmailing to residents. It is recommended that in the future, such mailings include information on rabiesvaccinations, dog license renewal, and the requirement for and importance of picking up after ones dog.


10/37

10

We already have offered to work with City officials in this regard. The City; however, has not responded to our

offer. Further, the authors of this proposal support increased fines for violators. Moreover, a strict "pick up"

ordinance will continue to be in effect at all off leash locations, just as it applies throughout the rest of the

community. Additional and strategically placed signs informing the public of the applicable requirement and

ordinance are needed. Adequate signage, particularly in our parks and similar areas, appears to be seriously

lacking in our community.

Abandoned dog feces fosters the notion that dog owners, in general, are rude and irresponsible, and that dogs

are a nuisance. Indeed, a dog owner who lets their dog defecate in a public space (or in somebody's yard) and

then does not clean up afterward cannot be defended. It is acknowledged that off leash recreation can be a

controversial issue for local governments and that an antidog sentiment can persist in the political process or in a

community. It is also realized; however, that in some cases, the issue unfortunately can be overblown - perhaps

to serve political goals or to promote an opposing agenda.

The experience of other cities actually has shown that once there are legal off leash areas, there is stronger peer

pressure to pick up dog droppings and trash and these areas tend to be far cleaner than other public areas of a

city. Relative to this issue, the Rules of Etiquette of this Proposal specifically state:

Every dog owners actions will set an example, good or bad, for others who use designated off leash

areas. Carry extra bags to offer potential offenders. It will be all of our jobs to help keep our designated

off leash areas clean.Be part of the solution, not part of the problem!(See Rules of Etiquette, below.)

Will off leash dogs interfere with those using parks for other recreational activities?

This proposal specifically excludes playgrounds, tennis courts and basketball courts from being off leash areas.

Likewise, this proposal excludes the Citys soccer fields and other athletic fields from being off leash. Fuller Field

on Low Street and the Pioneer League Fields on Merrimac Street, for example, are not proposed as designated

off leash areas. Beyond this, conflicting use of recreational areas has not been a significant problem in the past,

nor should it prove to be in the future responsible dog owners are vigilant about potential conflicts and use

common sense and consideration in this regard. Importantly, under this proposal, most of the designated off leash

areas are subject to time restrictions, which limit off leash times to early morning and evening hours. In these

areas, therefore, during most of the time each day, dogs will be required to be on leash. Examples of such areas

include Cashman Park and the Mall.

Will off leash dogs pose a threat to park wildlife?

Human use, park maintenance staff and their machinery, and development of open park space are likely to haveas much as, if not more of, an impact on park wildlife as dogs. Studies such as Public Open Space and Dogs: ADesign and Management Guide For Open Space Professionals and Local Government, (online athttp://www.petnet.com.au/openspace/frontis.html) make clear the possibilities for integrating off leash areas withwildlife management. Further, the Rules of Etiquette, which are a critical element of this proposal, require ownersimmediately to remove dogs who are exhibiting aggressive behavior toward wildlife.

Will off leash areas pose a safety risk to dogs?

This proposal provides off leash privileges to dogs only while dogs are with and being monitored by their owners

(or other person). No place is risk free. In general, there are no perfect solutions to prevent accidents fromoccurring in public places or elsewhere. By this proposals Rules of Etiquette, risks to dogs from other dogs are

minimized by requiring intact male dogs to be closely supervised, by prohibiting dogs with a known history of

aggressive behavior from being off leash, and by requiring the immediate removal of dogs exhibiting aggressive

behavior. And, as noted above, off leash dogs are required to be monitored closely. Plus, animal behaviorists

have known for years that dogs are less likely to be aggressive with each other when off leash than when they are

on leash.


11/37

11

Will the City of Newburyport be liable for negative incidents at off leash areas?

Again, no public (or private) space can be risk free. And, recreational activities, in particular, can involve varying

degrees of additional risk. When our young children use our city playgrounds, and older children and adults use

our city tennis courts, basketball courts or athletic fields, there is some degree of risk involved. Should children

engage in rough or even aggressive behavior in a park, there would be further risk. Our bike lanes and new rail

trail pose their own unique sets of risks. Not to mention our sidewalks! Our residents regularly and frequently use

all of these resources, including those residents who regularly use our parks and other public property to recreate

their dogs. Liability, of course, can be raised as a potential issue for each one of these uses, and in all of these

places. With respect to use of public parks as off leash areas, our research has not revealed any unique issues

of liability. Accordingly, it would be inequitable at best to have such a perceived concern be used to thwart or

interfere with this inherently reasonable and well supported proposal.

Will the City of Newburyport need to increase the animal control officers hours?

Although one could speculate that a community implementing a dog off leash strategy might need to increaseanimal control officer hours and oversight, the facts establish just the opposite. According to the communities ofSomerville, Cambridge, Brookline and Portsmouth, NH, for instance, this simply has not been their experience.10Specifically, with respect to this issue, Somervilles animal control officer (ACO) explained that the city has notadded more animal control hours due to its off leash recreation areas. The ACO explained that while the city has

added a part time ACO in the past year, it did so simply because there was a need for more and not due to offleash areas. Similarly, according to an employee of the Cambridge Community Development Office, no additionalACO hours have been needed since adoption of Cambridges off leash areas. Further, the employee indicatedthat the program is going as expected, with people mostly using only the off leash areas with their off leash dogs.The employee added that he does not anticipate that increased ACO hours will be needed. Additionally, theCambridge Director of Animal Control was extremely positive about the benefit of that citys off leash program.He said the Citys off leash areas include a paved walkway, which people use to get to work. If there were to becomplaints, he expected them to be regarding that walkway, but he has received no such complaints. Further, hestated that he has not had an increase in work, and in fact feels that his job is much easier. He indicated that hewould be very happy to talk to anyone about this.

Likewise, Brookline has not experienced any need to increase ACO hours since the adoption of its Green DogProgram, which includes 14 off leash areas.11 A Brookline Park Department employee stated that the town has

one full time ACO and that is all the town has ever had. When asked if he felt there was more of a need now tohave more animal control than before adoption of the Green Dog Program, he replied that there was not. Healso indicated that Brookline has a couple of park rangers who also oversee certain park areas. Overall, theBrookline Park Department employee spoke very favorably of the off leash program.

Finally, the City of Portsmouth, NH has one ACO, who works part time, Mondays through Fridays, from 9:00 a.m.to 3:30 p.m. She reported that her hours have not changed as a result of a change in the Citys ordinance toallow off leash dog recreation. She explained that until a couple of years ago, there was no leash law inPortsmouth. Now, although the animal control ordinance includes a leash law, it also provides for several offleash areas as well as a dog park. While Portsmouths ACO stated that she thinks her job should be full time,she also stated that she does not feel that there has been an increase in her workload due to the off leash areasand dog park. Based on the experiences of these communities, a designated off leash program in Newburyportshould not be anticipated to necessitate any increase in animal control officer hours.

10 Information on the off leash programs of Somerville, Cambridge, Brookline and Portsmouth, NH appears in thisproposal, Section C: What are other communities doing?11 Brooklines program is described in this proposal, Section C: What are other communities doing? See alsoAppendix A, for a copy of Brooklines Green Dog Program brochure.


12/37

12

Section C: What are other communities doing?

Numerous cities and towns throughout the Commonwealth, as well as in several other states, have implemented dog off leashprograms. Below are several examples. As these cases indicate, while some Massachusetts communities programs are at

their incipiency, others are quite established as well as comprehensive. In general, the approaches taken tend to fall intothree categories, which, in turn, seem to reflect a communitys population density and prevalence of green space. Whereasmany rural towns take a widespread off leash approach, some more populated communities have designated both off leashareas as well as have dedicated dog parks. And, some suburban communities, with an abundance of conservation land, haveadopted off leash by laws applicable to that land.

I. More densely populated communities

The off leash programs in the following communities, in large part, serve as the basis for this designated dog off leashproposal for the City of Newburyport. And the Rules of Etiquette in this proposal have been adapted from the rules in place inthese communities.

Town of Brookline in Norfolk County, borders the cities ofBoston and Newton. As of the 2000 census, Brooklinespopulation was 57,107, which comprised 25,594 households and 12,233 families. The population density was 8,409.7people per square mile.

Of the off leash programs reviewed, Brooklines is the most comprehensive. Brooklines program officially is titled theBrookline Green Dog Program. Brookline has 14(!) designated off leash areas, geographically distributed throughoutthe Town, with specified off leash hours. Brooklines Green Dog Brochure details the locations and times, which, in somecases are dawn to dusk, where off leash dogs are allowed. A copy of Brooklines Green Dog Program brochure appearsas Appendix A. The program rules and regulations also appear in the brochure.

As stated in Brooklines Green Dog Program brochure: The Green Dog Program is an innovative approach tomeeting our dogs and dog owners desire to have time off leash, while sharing the spaces with other park usersin our urban community. Brookline has 14 off-leash areas across the Town, with specific off-leash hours. Dog

owners are allowed to play with their dogs off-leash, during these designated times, following the program rulesand regulations. .The Park and Recreation Commission .created the Green Dog Program in response torequests from residents who expressed a desire for dog owners to not only enjoy, but also serve as betterstewards of our parks.The Commission developed the program with input from a Green Dog AdvisoryCommittee and many The Green Dog Program benefits everyone! Dogs get needed exercise and socializationoften leading to better behavior, owners get to socialize with fellow dog owners and park visitors, and other parkusers still have time to play and relax in the parks. The outcome is a happier community. We have thousands of

park users, and sharing our parks helps us maximize the use and enjoyment we all receive from our openspaces. With good stewardship and courtesy, you can play a role in keeping our parks clean, safe and well-maintained places where you and your dog are always welcome.

City ofCambridge is less than a mile from Boston, it has a population of 101,355 (year 2000) and a land area of 6.26square miles.

In Cambridge, there has been ongoing increased public interest in legal opportunities for dogs to be off leash in additional

parks and public open spaces. As a result, the City, through its Community Development Department, Department ofPublic Works, City Managers Office, Historical Commission, Department of Human Services Programs, and AnimalCommission, has been working with City Council members and a group of residents on creating further off leashopportunities. There are two approaches being implemented in Cambridge: dedicated off leash areas and shared use offleash areas.

Dedicated Off Leash Areas (referred to as Dog Runs)

Dedicated off leash spaces are specific areas where the primary use is to allow dog owners to have their dogs off leash.These areas generally are fenced in to avoid potential conflicts with other users or passersby and facilitate thecontainment of dogs. Dedicated off leash areas may be a park or part of a park or other public open space. Cambridgehas two such areas Pacific Street Park and Danehy Park.
http://en.wikipedia.org/wiki/Norfolk_County,_Massachusettshttp://en.wikipedia.org/wiki/Bostonhttp://en.wikipedia.org/wiki/Newton,_Massachusettshttp://en.wikipedia.org/wiki/Population_densityhttp://en.wikipedia.org/wiki/Population_densityhttp://en.wikipedia.org/wiki/Newton,_Massachusettshttp://en.wikipedia.org/wiki/Bostonhttp://en.wikipedia.org/wiki/Norfolk_County,_Massachusetts


13/37

13

Shared Use Off Leash Areas

Shared use off leash areas are places where dogs are allowed off leash, but these areas are not necessarily separatedfrom other uses and activities. Fresh Pond Reservation (West Cambridge) and Fort Washington Park (Cambridgeport) aretwo examples of shared use areas in Cambridge. In addition to the above four areas, the City has created a pilot programestablishing additional shared use locations for off leash dogs during certain times, namely, Gold Star Mothers Park/GoreStreet Park and Corcoran Field.

Cambridge has stated it recognizes that Similar shared use programs have been undertaken in other cities where

open space is very limited as a reasonable way to accommodate dog owners who desire regular periods of timefor legal off leash activity. The initial areas Cambridge considered for additional shared off leash uses were publicopen spaces that are not a part of school grounds, childrens playgrounds, or heavily used athletic facilities, and by virtueof their layout, would not necessarily require additional fencing or significant physical changes to park grounds.Cambridge also states that it took effort to distribute the potential spaces geographically throughout the City.(Emphases added.)

1. Fresh Pond Reservation: Shared off leash use for Cambridge residents' dogs. Dog swimming allowed at Little

Fresh Pond and Black's Nook. Mutt mitts dispensers and refuse containers well situated throughout the

reservation. No dogs rompingon mowed grassy areas regulation is enforced, as is dog licensing requirement

and parking regulation (Cambridge resident sticker required).

2. Fort Washington: Shared off leash use. Mutt mitts dispenser, trash barrels outside the park,on street parking.

3. Danehy Park Dog Run: Danehy Park is a 55-acre facility. There is a fully fenced dog run within the facility.

4. Pacific Street Park: Another fully fenced dog run, with vestibule gates for safe entry and exit. Plenty of on street

parking, mutt mitts dispenser and trash can.

5. Gold Star Mothers Park/Gore Street Park: Shared use during specified hours.

6. Corcoran Field: Shared use during specified hours.

See Appendices B and C, respectively, for the City of Cambridge Off Leash Dog Guide and Shared Use Pilot Program

Information brochure and City of Cambridge Off leash Areas Map, which describe and depict Cambridges off leash

program and areas.

Cityof Somervilleis located in Middlesex County, just two miles north of Boston, occupying slightly over four squaremiles, with a population of 77,478 (2000 census). The following information on the Somerville off leash experience wastaken from Somerville Parks and Recreation Director Arn Franzens presentation of the Somerville experience to theTown of Arlingtons Dog Task Force (see Town of Arlingtons Dog Task Force Meeting Minutes, 03/11/2010).

Nunziato Park: The Nunziato experience arose as a response by the Mayors office to overwhelming community demand.This 10,000 sq ft site began as a former school site, since demolished. The site was a huge success, perhaps too much of

a success, as it was then the only dog park in Somerville. It received excessive use from a geographically dispersed user

population, and parking (which in that area is onstreet) became an issue. Arns assessment of Nunziato was that, while it

was a success, it would have benefitted greatly from more attention to design, as Somerville is now doing with its pending

3rd

dog park. He also stressed several times that the community of dog owners has been very effective at self-

policing, with the animal control officer available when needed. (Emphasis added.) The great need demonstrated by the

use of Nunziato convinced the City that additional off leash recreational facilities were needed. In Somerville, there is a

Dog Owners Task Force that participates with city officials in planning off leash recreational facilities. The Task Force

brings recommendations to the appropriate Aldermen, the Mayor and then there is a public meeting.

South Street Park:Somervilles second dog park is only 2500 sq ft in size, a peastone and rice stone surface was used,which is what was used in Peters Park in Boston, but Arn wouldnt use that again because it had no advantage over

stone dust, with drainage added, and owners felt the dogs didnt like running on it. This facility is located in Ed LeathersCommunity Park.

New Washington Street: Somerville just this spring (2010) celebrated the groundbreaking of its third off leash recreational

facility, which will be 20,000 sq. ft. in size in East Somerville.This is a new construction park and in addition to a dog park,

it will include a community area. This park, including the large off leash facility, will benefit from full attention to design,

and will cost an estimated $600k (includes design), all City funded. Cost arises from the use of an environmental audit,

paving and ADA compliance from a former industrial site, and full attention to design. The off leash recreation area will

include a cupola for shade, an obstacle course of dog agility equipment, benches, plantings around the entire perimeter,

lighting, water, irrigation and drainage. Essentially, this will be a state of the art facility. The park is in a block-grant eligible

area, funding is coming from that source.
http://www.cambridgema.gov/CWD/freshpond.cfmhttp://www.cambridgema.gov/cdd/cp/neigh/maps/nhood_map_5.pdfhttp://www.cambridgema.gov/DHSP2/danehy.cfm?tnltext=Danehy%20Parkhttp://www.google.com/maps?q=Brookline+St+%26+Tudor+St,+Cambridge,+MA+02139,+USA&sa=X&oi=map&ct=titlehttp://www.google.com/maps?q=Brookline+St+%26+Tudor+St,+Cambridge,+MA+02139,+USA&sa=X&oi=map&ct=titlehttp://www.cambridgema.gov/DHSP2/danehy.cfm?tnltext=Danehy%20Parkhttp://www.cambridgema.gov/cdd/cp/neigh/maps/nhood_map_5.pdfhttp://www.cambridgema.gov/CWD/freshpond.cfm


14/37

14

In sum, the success of Nunziato, Somervilles first off leash area, led the City to follow it with other off leash areas, as

described above.

City of Newton is located in Middlesex County, about seven miles from downtown Boston. The most recent populationfigure was approximately 80,000. Newton has a land area of 17.90 square miles. Newton recently has adopted andimplemented a Dog Off Leash Pilot Program, pursuant to which dogs may be allowed off leash in designated areas.Under the program and in 2009, the City designated its first off leash space in Cold Springs Park. The City currently hasseveral other proposed locations under consideration as designated off leash places.

Following are excerpts from the Newton Mayors March 18, 2009 press release announcing the new dog off leash area inCold Springs Park.

Mayor Cohen is pleased to issue the following statement on today's opening of Cold Springs Park as the City's first off-leash dog park. I am delighted portions of Cold Springs Park are now open to dog owners as an off-leash

park. I am grateful to the efforts of the Board of Aldermen and the Dogs Off- Leash Advisory Committee for seeing thisproject throughThe goal of this trial is to better balance the needs of dog owners and non dog-owners, and tofacilitate multiple uses for our public landsThe success of the trial depends in large part to users' adherence to therequirements that are posted on site." (Emphasis added.)

These requirements are specified in the ordinance and by the Parks and Recreation Commission and include:

Using only the designated area for off-leash play. This includes keeping dogs on leash going to and returning

from the off-leash area. Picking up after your dog always.

Making sure your dog is well-behaved and under your controland supervision at all times.

While the inclusion of a designated off leash area in Cold Springs Park initially generated some resident concern, both theUnited States Department of the Interior National Park Service (NPS) as well as the Commonwealth of MassachusettsExecutive Office of Environmental Affairs ( EOEA) weighed in to support the parks use as designated off leash space.

12

By letter dated October 15, 2009, Michael D. Wilson, Chief, State and Local Assistance Programs, NPS, United StatesDepartment of the Interior, concluded dog parks are a use for which there is a growing demand at public outdoorrecreation facilities and can, in and of themselves, be construed as a form of recreation for dog owners.(Emphasis added.) By letter ofOctober 26, 2009, EOEA likewise supported the use of the park for off leash recreation.And, after a site visit, EOEA stated that it found no dog waste had been left on the parks trails and the many dogs onthose trails all were on leash, as required. Copies of these letters appear as Appendices D and E, respectively.

Pursuant to its Dogs Off-Leash Pilot Program, Newton (as of June, 2010) had three additional parks under review for offleash designation (Norumbega, Claflin, and McGrath Park), which are distributed geographically throughout the City.

Newtons Dogs Off-Leash Pilot Program is codified as follows:

Chapter 3 Sec. 3-30 Dogs Off-Leash Pilot Program

(a) Notwithstanding the provisions of Sec. 3-26(a) Restraint of Dogs, in areas officially designated as Designated Off Leash Area by a municipal agency with care, custody and control of public land, a dog may be permitted off-leashunder the following minimum conditions, and subject to any other rules and regulations or time restrictionsestablished from time to time by such agency.(1) The dog shall at all times be accompanied by and under the control of a person, who shall ensure that the animal

does not disturb the surrounding area by excessive barking, and shall ensure that it does not disturb or threatenother dogs or persons using the designated off-leash area or surrounding area; the dog shall be leashed when

entering and exiting the designated off-leash area.(2) Any dog left unattended is subject to impoundment by the Newton police;(3) The person in charge of a dog inside a designated off-leash area shall, in accordance with Section 3-29,

immediately remove and as soon as practicable properly dispose of any fecal waste deposited by that dog.

12The resident claimed that the Cold Spring Park off leash area violated the Land and Water Conservation Fund (LWCF) Act

and approval of the US Secretary of the Interior was required to change the use of the park to something other than publicoutdoor recreation uses. In response, the National Parks Service determined the off leash area to be consistent with theparks use for public outdoor recreation. Given the states role in management of LCWF-funded parks, the NPS asked thestate to weigh in. The state found "the city is not in violation of its agreement with the National Park Service."


15/37

15

(4) The dog shall wear a collar with identification at all times, be licensed and vaccinated, healthy and parasite free.Dogs must be at least four months old to be allowed off-leash.

(5) The number of dogs per person in a designated off-leash area is limited to three. The person in charge of a dogor dogs must at all times carry a leash for each dog under that persons supervision.

(6) The dog owner and/or person in charge of a dog are responsible to ensure that the dogs activity conforms to allrules and regulations pertaining to the off-leash area, as well as for any injury or damage to public propertycaused by the dog.

(7) No person shall bring a female dog in heat into any designated off-leash area.(8) Any dog which is the subject of a complaint, investigation, order or proceeding under Section 3-25 or Section 3-

27 of this ordinance, and/or under General Laws Chapter 140, section 157 shall be banned from designated off-leash areas.

(b) Sites for Designated Off-Leash Areas.

(1) A municipal agency with care, custody and control of public land, may from time to time designate one or morespecific areas on such land to be designated off-leash areas. Such custodial agency may from time to timeestablish rules and regulations for use of each such area, which shall be posted at the site. With respect to thissection, such agency shall have sole authority over land subject to its care custody and control, may limit thenumber of designated areas, and may revoke a designation at any time. Notwithstanding anything to the contrarycontained herein or hereafter, the following areas shall not be designated under any circumstances asdesignated off-leash areas by the agency having care, custody, and control thereof: the little league baseballfields on (i) Lyons Playground; (ii) James E. Murphy Field at the Halloran Sports Complex; (iii) Leo H. Riley Fieldat Cabot Park; (iv) Jay Gordon Field at Newton Centre Playground; and (v) Richardson Field.

(c) Dogs Off-Leash Advisory Committee.

(1) To assist a custodial agency in its decisions, there shall be formed a dogs off-leash advisory committee, underthe auspices of the department of planning and development. The advisory committee shall consist of onealderman; one representative from the parks and recreation department, nominated by the parks and recreationcommission; one representative from the conservation commission, nominated by that commission; an animalcontrol officer of the city of Newton, ex officio; and four citizens of Newton to be appointed by the board ofaldermen. To insure an orderly transition, current citizen members of the existing off-leash task force shall beasked to serve as the initial citizen appointees of the dogs off-leash advisory committee for a term not to exceedone year, unless further appointed.

(2) The advisory committee shall develop and recommend site selection criteria to custodial agencies and shall fromtime to time recommend to the appropriate custodial agency a site or sites which said agency may consider fordesignation as official off-leash areas. The advisory committee shall consider only those proposed sites for whicha local resident group will sponsor the site; will designate a person to serve as liaison with the city; will agree tomitigate dog-related impact on the site; and will agree to such other terms and conditions as the advisorycommittee and the custodial agency may deem appropriate for that site. The custodial agency with control oversuch site shall take such steps as it deems appropriate to notify and to solicit the opinions and suggestions of

abutters and other neighborhood residents prior to designation.

Town of Arlington is six miles northwest of Boston, bordered on the north by Winchester, on the east by Medford andSomerville, on the south by Cambridge and Belmont and on the west by Lexington. Arlington covers 5.5 square miles, ofwhich 286.2 acres are covered by water. The population is 42,389 (2000 U.S. census), with 19,011 households and10,779 families. On May 12, 2010, Arlington Town Meeting voted to amend its Animal Control Bylaw (Article 36) to allowoff leash dog activity during specified hours at specified parks.

Portsmouth, New Hampshire is a community with many similarities to Newburyport. Portsmouths estimatedpopulation is 20,443 (2008 census). Portsmouth has 15.7 square miles of land area and 1.1 square miles of inland waterarea. Portsmouths off leash program comprises both a dedicated dog park as well as several shared off leash spaces. Amap of Portsmouths off leash areas appears as Appendix H.

Portland, Maine is another community having several commonalties with Newburyport. Portland is a coastal, lively cityincorporating the character of yesteryear into a modern urban environment. Historic architecture blends with the new asone strolls along its working waterfront or the cobblestone streets of the restored Old Port section of the city. Portlandspopulation is 64,000. Portland is yet another instructive example of a city with a comprehensive dog off leash program.Like the town of Brookline, MA, Portland has numerous off leash areas.


16/37

16

Dogs can be unleashed at the following locations in Portland: Capisic Pond Park Evergreen Cemetery (to the north and west of Northern Ave; in undeveloped wooded area) East End Beach (day after Labor Day to the day before Memorial Day) Hall School Woods Ocean Avenue Landfill Pine Grove Park Woods behind Portland Arts & Technology School (196 Allen Avenue) At North Street/Washington Avenue (behind Jack School)

Riverton Park University Park Valley Street Park Any city owned island park areas and open space (unless posted otherwise). Eastern Promenade Park within the perimeter bounded by the Portland House Property, the water side of the EasternProm, and Cutter Street following around the curve of the parking lot (excluding the area known as Fort Allen Park).*

* This section of the Eastern Prom will be open to dogs under voice control from April 15 - October 15, 5 a.m. to 9 a.m.and from 5 p.m. to 10 p.m. each day. From October 16 through April 14 the times are 5 a.m. to 10 p.m. each day. Thereare no dogs allowed on East End Beach from Memorial Day through Labor Day each year.

There are also no dogs allowed (with the exception of those assisting the visually impaired) on any playfields, schoolyards or playgrounds as posted. Here is the link to Portlands off leash program:http://www.portlandmaine.gov/voter/doggie.asp

As Portland has done, Newburyports proposal precludes off leash dogs from areas such as school yards, play/athleticfields and playgrounds.

II. Suburban communities

Town of Wellesley is a suburb of Boston, with approximately 26,000 residents and a total area of 10.49 squaremiles. Also residing in Wellesley are over 2700 dogs. Wellesley maintains an off leash approach in its parks and on itsconservation land, which provides as follows:

Natural Resources Commission (NRC) Dog Control Regulation for Town Park and Conservation Land

1. Anyone may walk 2 dogs on a leash or under voice control on park and conservation land.

2. Wellesley residents who own 3 dogs will automatically be issued a permit allowing them to walk their 3 dogs on town

park and conservation land.

3. Anyone who wishes to walk a maximum of 3 dogs that are registered in Wellesley shall apply for and be issued a

permit through the NRC Office.

4. A fine of $50 will be issued for any violation of this regulation by the Animal Control Officer.

5. The NRC requests that everyone pick-up after their dogs.

Town of Lexingtonis located 11 miles northwest of Boston and east of Concord. Lexington's land area is 16.6 squaremiles. Approximately 63% of the land in this town is in private ownership; approximately 12% of the land is permanentlyset aside as publicly held conservation land. The 2000 census reported a total population of 30,355. Lexington has 11,110households.

Lexington takes a similar approach to Wellesley in that Lexington generally allows dogs off leash on 26 ofits conservation lands, provided dogs are under effective voice control. Off leash dogs are prohibitedfrom specified other areas including: Town Reservoir and Beach, cemeteries, school playgrounds, parks,

playing fields, track field and fine turf areas. Where not prohibited off leash, the Towns bylaws providethat when off the premises of the owner or keeper, a dog must be in the immediate restraint and controlof some person by means of a leash or effective command. (Emphasis added.) See Lexington bylaw,chapter 9-2 (A). See also Appendix F for information on the Town of Lexingtons numerous conservationareas and associated dog rules, and Appendix G for a copy of a map of the Town of LexingtonsConservation Ares/Off Leash Areas.
http://www.portlandmaine.gov/voter/doggie.asphttp://www.portlandmaine.gov/voter/doggie.asphttp://www.portlandmaine.gov/voter/doggie.asp


17/37

17

Town of Weston is a suburban town on the perimeter of metropolitan Boston, with a total area of17.34 square milesand a population of11,134 (2008 census). Having a similar strategy as that of the Towns of Wellesley and Lexington,Weston allows dogs off leash under effective voice control of its owner or keeper while on Town-owned land. Primaryexceptions to this approach, that is, circumstances in which dogs must be leashed include: at public gatherings, on schoolgrounds and school playing fields, on recreation playgrounds and playing fields during organized activities, and atcemeteries. See the following excerpts from Westons dog regulations:

Article XX DOG REGULATIONS

SECTION 7. Control of Dogs

Number of dogs: With the exception of commercial dog walkers, persons walking more than three dogs shall have all theirdogs leashed.

Running at large: No owner or keeper of any dog shall permit such dog to run out of the owners or keepers direct controlby voice or lead at any time.

Voice control: Unless indicated below, a dog shall be on leash or under effective voice control of its owner or keeper whileon Town-owned land. Owners or keepers shall not let their dogs out of their control or sight. When approaching persons,dogs, or horses, those walking dogs shall call their dogs to their side and keep them under control until the persons, dogs,or horses pass. Dogs shall be immediately leashed at the first sign of aggression or unruliness.

a. Owners or keepers shall carry a leash for each dog under their control and keep each dog on leash whenentering and exiting trails.

b. Public gatherings - Dogs shall always be leashed at public gatherings.

c. Schools - Dogs shall always be leashed on school grounds and playing fields. Dogs shall not be allowed at all onplaying fields that are enclosed by fencing. It shall not constitute a violation of this section if a dog remains

unleashed in a vehicle while on school grounds.d. Recreation playgrounds and playing fields Dogs shall be leashed on playgrounds and playing fields during

organized activities. Dogs shall not be allowed at all on playing fields that are enclosed by fencing. It shall notconstitute a violation of this section if a dog remains unleashed in a vehicle while on recreation grounds.

e. Agricultural fields - Dogs shall not be allowed on agricultural fields where food is being grown, except to theextent that such fields are owned by the owner or keeper of the dogs.

f. Cemeteries Dogs shall not be allowed in any Town-owned cemetery for recreational purposes, but a dog maybe permitted in such a cemetery when accompanying its owner or keeper for the purposes of attending a funeralor visiting a grave site. If a dog is permitted in a Town-owned cemetery for an allowable purpose, the dog shallalways be leashed.

III. Rural communities

Finally, there are several more rural communities within the Commonwealth, which generally allow dogs off leash townwide,subject to specified restrictions. Such communities include, but are not limited to, Newbury, Harvard, Stow, Lincoln, Bedford,

Sudbury and Concord.

Town of Newbury is a rural community of about 6,000 people. According to the 2006 Master Plan of Newbury, 82% ofthe land is undeveloped land comprised of protected natural land, water, agricultural and forest lands. Only 18% of15,238 acres are developed, with most of the development used for residential homes. While there is no leash law ineffect, seasonally, dogs are prohibited from being on Newburys Plum Island beach.

Town of Harvard is a rural community, the population as of January 1, 2007 was 5,785. Situated in Worcester County,Harvard is 32 miles west of Boston and 22 miles northeast of Worcester.

Town of Stow is a small, rural community of about 6,500 people, with an abundance of softly rolling hills and rusticcountry lanes. Stow is located in Middlesex County, about 25 miles west of Boston and about 28 miles east of Worcester.

Both the Harvard and Stow bylaws essentially allow dogs off leash otwnwise, provided the dogs do not cause problems.Following are relevant excerpts of Harvards bylaw; the Town of Stows by law is practically identical.

24-1 Definitions

As used in this bylaw, unless the context otherwise indicates, the following terms shall have the meanings indicated:

.

PUBLIC NUISANCE

Any dog shall be deemed a public nuisance:
http://www.ecode360.com/ecode3-back/getSimple.jsp?guid=13695222#13695222http://www.ecode360.com/ecode3-back/getSimple.jsp?guid=13695222#13695222


18/37

18

A. For having bitten or attacked or threatened the health or safety of any person when said dog is on property other thanthat of the owner or keeper; or

B. For chasing any vehicle or bicycle upon a public way open to public travel; or

C. For having killed or maimed any domestic animal, farm animal, livestock, fowl or protected wild game while said dogis on property other than that of the owner or keeper; or

D. For having damaged or littered property other than that of the owner or keeper.

24-2. Responsibility of dog owner or keeper.

The owner or keeper shall prevent his dog from being a public nuisance as defined in 24-1.

Town of Lincoln by law declares: All citizens are entitled to fully enjoy their property and the public ways andlands. Those citizens who own or keep animals are entitled to enjoy the animals, but only to the extent that theyexercise responsibility so that their animals do not unreasonably impinge upon the activities of other persons.Lincoln generally takes an off leash approach. Specified restrictions include: i) no person shall allow a dog owned or keptby him to be in any municipal building unless the dog is kept on leash, and ii) no person shall allow a dog owned or keptby him in a school building or on school grounds before thirty minutes before and thirty minutes after the hours when anyschool or recreational program is in session, unless the cognizant authority otherwise specifically permits. (Emphasisadded.)

Town of Bedford by law provides, in pertinent part, as follows: Article 42.5.1 Dogs Running at LargeNo owner or keeper of any dog shall permit their dog to run at large at anytime. An owner or keeper of a dog mustaccompany and restrain the dog on a leash or accompany with leash in hand and maintain effective voice control of the

dog while off their own property. An obedient dog which is under the effective control of its owner may be permittedto be unleashed in Town-owned open spaces within the Town. Dogs must be on a leash on bike paths and at publicevents. No dogs are allowed in cemeteries. The provision of this paragraph shall not apply to a guide dog or service dogwhile actually engaged in the performance of its trained duties. (Emphasis added.)

13

13The City of Boston is yet another Massachusetts city that has implemented designated off leash areas as well as dog

parks. And, Trustees of Reservations has instituted a Green Dogs Program, which provides for off leash recreation on fourof its reservations.
http://www.ecode360.com/ecode3-back/getSimple.jsp?custId=HA1931&guid=13695231http://www.ecode360.com/ecode3-back/getSimple.jsp?guid=13695222#13695222http://www.town.bedford.ma.us/charterbylaws06.pdfhttp://www.town.bedford.ma.us/charterbylaws06.pdfhttp://www.ecode360.com/ecode3-back/getSimple.jsp?guid=13695222#13695222http://www.ecode360.com/ecode3-back/getSimple.jsp?custId=HA1931&guid=13695231


19/37

19

Section D: Conclusion

All of the above examples, which employ varying dog off leash strategies, quite clearly underscore the reasonableness as wellas the appropriateness of this designated off leash proposal for the City of Newburyport. Our state abounds with cities andtowns that have responded constructively to the needs of their responsible, taxpaying dog owning residents by affording themwell deserved designated off leash opportunities. It is time for Newburyport to do the same!

Overall, this proposal overwhelmingly supports the proposition that the City of Newburyport should revise its ordinances todesignate certain areas as dog off leash places during specified times. Outside of those particular places and times, otherusers would continue to enjoy public spaces knowing they would not be sharing them with off leash dogs.

This strategy is proposed in the spirit of finding a compromise that responds to the legitimate interests of all residents.

The City should be committed to making some public lands available for all to use safely and enjoyably.

As a community, we need to respect and accommodate each other, and to share equitably the public spaces that we allseek to enjoy.


20/37

20


21/37

Recommendations(A) Table I. Designated Off Leash Areas & Times

Name Location Description of designated off leash area Issues/Comments/restrictions Off leash hours Seasonal applic

Cashman Park(Ward 3)

Off Merrimac St. onPop Crowley Way

Excluding: playground, basketball court, tenniscourt, baseball field & soccer field

Frequently already used for dog recreation, includingswimming; nonresident marina users need to be bettereducated about dog waste

Sunrise to 8:30 a.m.&4:30 p.m. to sunset

Year round

Moseley Pines(Wards 5 & 6) Spofford St. Excluding: playground, pavilion & picnic areas

Frequently already used for dog recreation, including

swimming. No off leash dogs allowed in playground,pavilion & picnic areas

Sunrise to sunset Year round

Plum Island Beach(Ward 1) Northern Blvd. Excluding: playground area next to parking lot

Frequently already used for dog recreation, especiallyearly mornings and evenings Sept. to June

Sunrise to sunsetDay after Labor Dathrough day beforeMemorial Day

The Mall(Ward 2) Pond & High Streets

No off leash dogs allowed where childrensledding/skating

Frequently already used for dog walking Sunrise to 8:30 a.m.No off leash dogs awhere childrensledding/skating

March's Hill(Ward 2)

Bromfield & High Streets

Entire area including, but not limited to, abuttingwoods, hiking trails. No off leash dogsallowed where children are sledding and inbasketball court

Frequently already used for dog recreation, field used forsledding in winter, rarely used basketball court at edge offield. Use declines in Spring, when there usually isstanding water, posing a potential public health/mosquitothreat to dogs, their human companions and others who

use this area

Sunrise to sunsetNo off leash dogs ain area where childsledding


22/37

(B) Table II. Areas to be maintained exclusively as on leash areas *Name Location Reason and other comments

Atkinson Common Three roads To protect plantings, to maintain the serenity of this space

Hale Memorial Park Water Street To protect plantings, to maintain the serenity of this space

All cemeteries Various locations throughout the City To maintain the sanctity of these places

School grounds Various locations throughout the City To maintain these grounds for childrens activities

Clipper City Rail Trail Merrimack River to MBTA train stationOff leash dogs could interfere with cyclists, potentially resulting in accidents and harm todogs, cyclists and/or pedestrians

Fuller Field, including track(leashed dogs allowed in spectator areas,no leashed or unleashed dogs to beallowed on field or track)

Low Street To maintain athletics fields for their intended purpose

Pioneer League athletic fields(leashed dogs allowed in spectator areas,no leashed or unleashed dogs to beallowed on fields)

Merrimac Street To maintain athletics fields for their intended purpose

Cooper North Pasture Preserve Hale Street Wildlife, wetlands, farming activities

Boardwalk from Rivers Edge condosthrough downtown

Merrimac and Water Streets So as not to interfere with pedestrian use

Waterfront park Merrimac and Water Streets So as not to interfere with pedestrian and entertainment uses

* In addition to the areas listed in the above table, with the exception of those areas designated as off leash areas in Table I, all other public areas within the City, including, but not

limited to, sidewalks, streets, and parking lots, remain as on leash areas. State owned land is not addressed in this proposal.


23/37

23

(C) RULES OF ETIQUETTE FOR DESIGNATED OFF LEASH AREAS DURING DESIGNATED OFF LEASH TIMES

Dogs must be licensed and vaccinated as required by applicable law/ordinance (this is the case for both leashed and off leash dogs)

and have no contagious conditions, diseases or parasites.

Dogs must be on leash when arriving at and departing designated off leash areas.

Dogs are allowed off leash only in designated off leash areas during designated off leash times.

Dogs with a history of dangerous or aggressive behavior (e.g. history of dog fights or aggression toward people) are prohibited from

designated off leash areas during designated off leash times.

Dogs younger than four months are not allowed off leash as all inoculations are incomplete at this age.

Intact unleashed male dogs must be supervised closely and immediately removed or leashed if interfering with other dogs.

Female dogs in season/heat are not allowed off leash.

Owners14

must immediately remove from off leash areas dogs who are exhibiting aggressive behavior towards people, other dogs or

wildlife.

Owners must remain with and monitor their dogs at all times.

Owners must carry a leash at all times, one leash per dog is required.

Owners must be mindful of their dogs so that other visitors do not become anxious about their safety. Many people do not like dogs toapproach them.

Owners must have in their possession an adequate number of bags, or other appropriate device e.g. a pooper scooper - for removal

of their dogs waste.

Owners must clean up after their dogs, owners who fail to do so are subject to a fine in accordance with applicable

law/ordinances. This is the case for both leashed and off leash dogs.

No digging is allowed. Owners must fill in any holes.

No person shall bring more than two unleashed dogs at any one time.

Off leash dogs are not allowed in playground areas, tennis courts and basketball courts.

A few words for those who intend to use designated off leash areas: Every dog owners actions will set anexample, good or bad, for others who use designated off leash areas. Please carry extra bags to offer potentialoffenders. It will be all of our jobs to help keep our designated off leash areas clean.

Be part of the solution, not part of the problem!

14Owners as used in these rules means the person with direct care, custody and control of a dog while using a designated off leash

area.


24/37

24

Appendices

(A) Town of Brookline Green Dog Program brochure

(B) City of Cambridge Off Leash Dog Guide and Shared Use Pilot Program Informationbrochure

(C) City of Cambridge Off Leash Areas Map

(D) US Department of the Interior National Park Service letter

(E) Commonwealth of MA Executive Office of Environmental Affairs letter

(F) Town of Lexington Conservation Areas and Off Leash Areas & Rules

(G) Town of Lexington Conservation Areas and Off Leash Areas Map

(H) City of Portsmouth Off Leash Areas Map


25/37


26/37

Green Dog Parks & Off-Leash Hours

Parks not listed do not have off-leash hours

ALL HOURS SUBJECT TO CHANGE

PLEASE CHECK SIGNAGE

Off-Leash Hours

Dawn to 9:00 a.m.

BoylstonStreetPlayground(BoylstonSt.)

DanielFordPlaygroundatEmersonGarden(WaverlyRd.)

CoreyHillPark(SummitAve.)

CoolidgePlayground(ColumbiaSt.)

MaryE.RobinsonPlayground(Cypress&FranklinSt.)

LottaBradburnSchickPark(AddingtonRd.)

SouleRecreationCenter(HammondSt.)JeanWaldsteinPlayground(DeanRd.)

Off-Leash Hours

Dawn to 1:00 p.m.

AmoryPlayground(AmorySt.)

HarryDownesField(JamaicaRd.)

Note:Nodogsallowedinfencedportionofparkwithtrack.

GriggsPark(GriggsRd.)

DanielJ.WarrenPlayground(EliotSt.)

Off-Leash HoursDawn to 1:00 p.m., March through November

Dawn to Dusk, December though February

BrooklineAvenuePlayground(BrooklineAve.)

LarzAndersonPark(NewtonSt.)

Note:Topofthehillarea,AvonStreetsideONLY.No

dogsallowedinchildrensplayarea,pond,orgardenarea.

ogs are generally not allowed on any of the elds during the

month of March when the ground is thawing.

Please heed Field Closed Signage.

The Green Dog Program logo will be displayed in

designated parks with program hours.

January 2010

Frequently Asked Questions

Q: Why are off-leash hours occasionallysuspended?

A:Duringpermittedactivities(schoolgroupactivities,sportsgames,etc.),dogsmustbeon-leashfortheirsafetyandthecomfortofotherparkusers.WhenParkscrewsareworkingintheparks,dogsmustbeon-leashforthesafetyofboththeanimalsandthecrews.Finally,eldsmaybecompletelyclosedwhentheyarewetduetoinclementweather,ifheavyrainisanticipated,duringthespringthaw,orforotherreasonsrelatedtomaintaininghealthyelds.Weposteldclosedsigns,andyoucancalltheRecreationhotline24hoursadayat730-2083toheararecordingifeldsareclosed.

Q: Im a dog walker. Can I bring my clients toplay and exercise off-leash?

A: Everyone,includingdogwalkers,islimitedtothreeo-leashdogsperperson.Notethattheo-leashdogsmustbeundervoicecontrolandinyoursightatalltimes.Itisnotrecommendedtobringmultipleonando-leashdogs,sinceyouarenotabletoeasilyattendtoo-leashdogsifnecessary.

Q: Why do I need to license my dog?

A:Massachusettsstatelawrequiresthatalldogsbelicensed,andhaveacurrentrabiesvaccination.Licensingiscriticaltoensuringthehealthofourcaninefriendsandotherpeople,andcanhelpidentifyyourdogiftheybecomelost.Formoreinformation,contacttheTownClerksoceat730-2010.

Q: How do I get more information or makesuggestions about the program?

A:eParkandRecreationCommission,Recreation

Department,andParksandOpenSpaceDivisionallwelcomeyourquestionsandcomments.Pleasecheckourwebsiteforfurtherinformationandupdatesatwww.brooklinema.gov/GreenDogorcontactusat730-2069.

Q: How do I report violations?

A: Toreporto-leashorotherviolations,particularlyaggressivedogs,contacttheBrooklinePoliceDepartment24hoursadayat730-2222.

133 Eliot Street

Brookline, MA 02467

Phone (617) 730-2069

www.brooklinema.gov/GreenDog

Under supervision of the

Brookline Park and Recreation

Commission

Town of Brookline


27/37

Rules and Regulations

1) Know When to Keep Your Dog On-Leash

Dogsareallowedo-leashONLYindesignatedareaKeepyourdogleashedwhenenteringorexitingtheleasharea.

O-leashhoursaresuspendedwhentherearepermischoolbasedspecialactivitiesinapark.

erearenoo-leashhourswhenparksandeldsasaturatedfromrain,orthawinginthespring.Pleaskeepdogsoeldsintheseconditions.Duringandrainfall,topsoilis20timesmorevulnerabletocomp

DogsmustbeleashedwhenParksDivisioncrewsarworkingintheparks.

2) Be Respectful to Other Park Users and NeigCleanupafteryourdoginoandon-leashareas.IcourtesyanditsthelawinBrookline.

Maintainsightandvoicecontrolofyourdog.Youmabletoseeyourdogwheno-leash,andmaintaineverbalcontrolofyourdog.Youarepersonallyliableanydamageorinjuryyourdoginictsorreceives.

Excessivebarkingisnotallowed.Pleaseplayquietlespeciallyintheearlymorninghours.

Dogsarenotallowedinplaygroundareas,sandboxorclaytenniscourts,orbasketballcourts.

Dogsmustnotchaseordisturbwildlifeorentersanorsensitiveopenspaces,suchasshrubandowerb

3) Ensure Your Dog Meets the Criteria

Aggressivedogsarenotpermittedonoro-leash.Dwhoexhibitaggressivenesstowardspeople,otherdo

wildlifewillnotbeallowedtoparticipateintheProenumberofdogsperpersonislimitedtothree.

Dogsmustbe4monthsoldtoparticipateinthepro

Dogsinheatarenotallowedo-leash.

Dogsmustbelicensed,vaccinated,andhealthy(nocontagiousconditions,diseases,orparasites).

Alldogs(andtheirowners)aresubjecttoSection8oftheTownsGeneralBy-Laws,whichprovide,inpathatthepersoninchargeofadoginsideadesignatoleashareamustcontroltheanimalsothatitdoedisturbthesurroundingareabybarkingorotheractandsothatitdoesnotdisturborthreatenothersusthedesignatedoleashareasandtheareasurrounddesignatedoleasharea.

What is the Green Dog Program?

e GreenDog Program is an innovative approach

meetingourdogsanddogownersdesiretohavetimeo-

ash, whilesharingthe spaces with otherparkusers in our

ban community.Brooklinehas 14o-leashareasacrossthe

own,withspecico-leashhoursestablishedbytheParkand

creationCommission.Dogownersareallowedtoplaywith

eirdogso-leash,duringthesedesignatedtimes,followingthe

ogramrulesandregulations.

e Park and Recrea tion Commission is a policy-

akingboard,staedwithvolunteersappointedbytheBoardof

lectmen,tooverseeandprovideyear-roundindoorandoutdoorcreationactivities,andtooverseeparkplanning,renovations,

duse.eCommissioncreatedtheGreenDogProgramin

sponsetorequestsfromresidentswhoexpresseda desirefor

gownerstonotonlyenjoy,butalsoserveasbetterstewardsof

rparks.eCommissiondevelopedtheprogramwithinput

omaGreenDogAdvisoryCommitteeandmanyenthusiastic

idents,followingathoroughanalysisofparkusagethroughout

eTown.

eGreenDogProgrambenetseveryone!Dogsget

ededexerciseandsocializationoftenleadingtobetterbehavior,

wnersgettosocializewithfellowdogownersandparkvisitors,

dotherparkusersstillhavetimetoplayandrelaxintheparks.

eoutcome isa happiercommunity.Wehavethousandsof

rkusers,andsharingourparkshelpsusmaximizetheuseand

joymentweallreceivefromouropenspaces.

Withgoodstewardshipandcourtesy,youcanplayarole

keepingourparksclean,safeandwell-maintained-places

hereyouandyourdogarealwayswelcome.

How does the Program work?

Joiningtheprogramiseasy.Followthesesimplestepsto

getyouandyourdoginvolved:

Before you go to a park:1) Licenseyourdogandmakesurevaccinationsare

current.Putlicenseandidenticationondogscollar.

2) Makesureyourdogisundervoicecontrol(dogrespondstoandobeysyourverbalcommands).

3) Findaparknearyouwitho-leashhours.4) Bringalongyourdogsleashandbagsforwaste.

At the park:1) Keepyourdogon-leashuntilyouareinthepark.Keepyourleashonhandatalltimes.

2) Checkforparkclosedsigns,wetelds,crewsworkinginthepark,orpermittedactivities,all

Documents

Proposal for Dog Off Leash Areas