Leash-Free Dog Beach Hits Opposition at Public Hearing and Faces Uncertain Future

http://imperialbeach.patch.com/articles/leash-free-dog-beach-hits-opposition-at-public-hearing-and-faces-uncertain-future

Leash-Free Dog Beach Hits Opposition at Public Hearing and Faces Uncertain Future

After public testimony from residents for and against the idea, City Council took the idea of a leash-free dog park in IB back to the drawing board.

The idea of a six-month leash-free dog beach trial period came to an abrupt halt after several residents living by the site location voiced their concerns at Wednesday evening’s City Council meeting.

Leash-free dogs and the mixture of everyday beach use by residents, visitors, tourists and attendees of YMCA Camp Surf and the Imperial Beach Junior Lifeguard Program as well as a local designation of the test area as a “Children’s Beach” resulted in Council reversing its support of a trial period between Palm and Carnation Avenues.

After much discussion and public comment, Council voted unanimously to direct city staff to explore previously proposed and new possible sites within city limits and away from the beach. To read more about the issue check out item 3.1 in the meeting’s agenda.

Areas of consideration before include Veteran’s Park, navy land on the corner of 9th Street and Carnation Avenue and an empty lot on Holly.

Erin Fitch, a resident since 1975, said the city needs a dog park and encouraged those in opposition to go to an established dog park and see how successful they are. She said dogs on-leash are naturally antagonistic when meeting other dogs.

“Dogs truly seem to know how to get along with each other,” Fitch said. “Even more so without leashes. I hope this moves forward. I don’t think we have much to lose but a lot to gain.”

Opposing the trial, John Warner said there is a grandmother named “BeBe” in his neighborhood gave him a riddle the other day that made him think.

“Where does a Rottweiler take a crap on the beach? Anywhere he wants,” Warner said.

He said the relevant point is there are good dog owners but conversely many irresponsible dog owners. Warner said he helped gather more than 60 signatures in a couple of afternoons from residents opposed to a dog beach in the area. He said every petitioner had his or her own story about dog encounters on the beach. “Injuries ranged from broken bones, bruises and bites to just abject fear,” he said.

Warner said the San Diego County Department of Animal Services reports 2,700-dog bites annually. He said it is essential that protection of the public be priority. He said BeBe calls that area “Children’s Beach” and it’s where she loves to take her granddaughter to play.

“If the city adopts an ordinance to compromise the health and wellbeing of this granddaughter, in the words of Bebe, ‘That would be dumber than ditchwater,’” he said. “You don’t want to litigate, you don’t want to mitigate. You don’t want to mess with an angry granny from Texas.”

Kimball Dodds said considering the idea of turning unleashed dogs loose on the beach is not smart or reasonable. State law exempts the city from liability from dog bites, placing full responsibility on the dog owner, he said.

“I would argue that poor planning with equally poor enforcement would not exonerate the city legally or morally when we have intentionally created a situation that does not address the potential for injury or loss of life,” he said.

Dodds said with thousands of dog bite reports in the county yearly, laws requiring leashes reduce the amounts of injuries. He said other dog parks and beaches in the county provide fenced in areas or natural barriers that protect the public and this proposal offers none of those safeguards and that dog issues could detract lifeguards from their primary purpose or raise the potential for injury during peak hours. A leash-free dog beach, Dodds said, is unacceptable.

“The idea of letting dogs loose in this area at any time conflicts with the traditional use of this area and introduces a situation of unreasonable hazard,” he said. “Before we establish any new test periods, we need to assess the current situation. Beach use is popular and crowding is an issue.”

Shannon Johnson, a resident, dog owner and representative of a group supporting the trial period called IB Yappy said it has collected more than 700 signatures in support of an off-leash dog park. There are approximately 1,200 licensed dogs in the city and IB Yappy has held monthly publicly advertised meetings so far and previously found little opposition.

“We have been working proactively with the city to provide us residents with a safe and healthy area for their dogs to run leash-free,” she said. “We take our commitments very seriously and have worked with whatever the city has put forth.”

Johnson said they went beyond their commitments and have support from local businesses to raise awareness, collect signatures and money to support an off-leash site.

The group Ocean Blue also agreed to provide more dog-waste bags dispensers in the area. If approved, IB Grommin’West Coast Cafe and Seacoast Pet Clinic are strong supporters of IB Yappy’s mission, she said.

Johnson said it is evident after speaking with several opponents that they had never been to any leash-free dog park.

“If they had they would realize that dogs are there to play with each other and not attack or molest human beings,” she said. “I would like to remind everyone that this is a trial, which means we are testing its suitability and usefulness. Leash-free dog areas make a better city with better neighbors, because well exercised dogs are less likely to create a nuisance, bark excessively and destroy property.”

Dick Howe is a resident on Ocean Lane and said even with leash laws, dogs run freely and continuously come to his front door from the beach. He said owners seldom follow their dogs but rather yell from the beach as his family and friends “are subjected” to the presence of unknown dogs.

“Free ranging dogs will cause families and visitors to stay away at a time when the city needs visitors to help financially,” he said.

“As far as I know there are no dog beaches in California with residences located right next to them,” he said. “Please find a location that does not negatively impact those of us who live adjacent to the proposed site. The beaches of Imperial Beach are our greatest assets and should be treated as such.”

Candy Unger spoke as a resident of Ocean Lane and member of IB Yappy and said that originally IB Yappy proposed a dog park off the beach within the city.

When staff came back with recommendation of this area of the beach, she immediately began to address her concerns with this location at the monthly meetings.

After speaking with members of the group and researching dog beaches, Unger said she put her own reservations about this location aside and did what she believed to be in the best interest of the city and the hundreds asking for an off-leash area.

“My main concern with dogs off the leash at the beach is by far safety,” Unger said. “Since development of the Old Palm Avenue street end, it seems our side of the beach, north of the jetty, has become more frequented by beach goers. During the summer, there can be thousands of people on the beach, many of them families with children. Crowded beaches with kids running and screaming, along with dogs off-leash, doesn’t seem like a good combination for anyone, especially lifeguards.”

Unger proposed specific hours for dog owners to utilize the beach early in the morning and later in the evening, to avoid crowded beach populations. She said a split shift of 6 a.m.-9 a.m. and 4 p.m.-8 p.m. is a reasonable alternative, and could avoid conflicts with the rest of the beach population, junior lifeguards and Camp Surf. “Having set hours would be a win-win situation for everyone,” she said.

Unger said an off-leash dog beach will attract more visitors to the city and that more visitors equals more revenue.

“I think we should give the trial period and the people of Imperial Beach the opportunity to test the viability of such a project,” she said.

Unger said to help mitigate the cost to the city she designed a flyer for IB Yappy’s dog beach ambassadors and volunteers to pass out on the beach to help educate visitors. The flyer contains information about the pilot program, rules of the off-leash area, important phone numbers, location map and tips for dog owner’s on their first visit. Unger left ad space on the flyer in hopes to generate money to pay for the flyers. She said along with the handout ambassadors will be educated on several dog beach topics to help the public learn the rules.

There are plans to team up with the local high school looking to fill their fulfillment for community service hours needed to graduate. IB Yappy is in contact with dog trainers and food suppliers to give classes at local businesses on dog park etiquette.

“This type of information and resources provided to the public will help make for a safe, fun and healthy trip to the beach for our dog owners,” said Unger.

Councilman Ed Spriggs said there is a large group of dog owners in the city and views are different on each side. He said the night’s discussion brought something to the table that the community had to come to grips with.

“The one thing that strikes me as important here is the proposed area for this pilot program is a multiple use area,” he said. “There is really no way to separate the dogs from beach users in this area and this is not something that I really thought about until hearing the pros and cons this evening.”

Spriggs said the fact that other dog beaches and the parks in other areas are away from residences is a second important point. Spriggs said as long as there is the issue of multiple uses there is the potential for conflict that is reason for concern.

Councilman Jim King said the ability to separate the leash-free area from the public is essential. He said the dog parks and beaches he visited separated parks from other public uses. Camp Surf and the Junior Lifeguard program are also a concern and the conflicts might be impossible to address, he said.

“At this juncture, I tend not to be able to favor this because of the issues addressed here this evening,” King said. “In particular, the separation issue presents an insurmountable problem.”

Councilwoman Lorie Bragg said from the get-go she has supported a dog park in the area, but, since the beginning, she opposed this location due to its open location to the public.

Bragg spoke to Camp Surf regarding the trial period and said their employees had no problem with dogs on their beach though they travel down the beach daily. There are no records of dog bites and fights in their part of the beach.

Camp Surf’s lifeguards do all the policing and its largest problem is marijuana smoking and teenage sex on the beach.

“Through the week, Camp Surf hosts 500 participants daily during the week and 250 on weekends,” Bragg said. “They take two trips a day from the camp to the estuary, walking all along the beach. So far they have no problems with that, but if they do they are prepared to go around the test area.”

But due to the location and its openness to the public, Bragg said she could not support this trial period at all.

Mayor Pro Tem Brian Bilbray said he is the “odd man out” again and understands the concerns that everyone has on the issue but could not just say no, because of what could happen.

“I still feel that we should go ahead and try this. It is not my top spot for the location, but this is still our only spot and I support it all the way,” he said.

Janney said he could not push for this trial period in this area because of residences in the area.

“The biggest thing here is that people live right on top of this beach,” Janney said, the owner of two dogs himself. “I think that changes the way that we look at it.”

Janney said the size of the beach has limitations and he is disappointed this is not working out as planned. He said the residential part of this makes it difficult to support.

“When we look at what we do in this community, we have to consider the immediate effects to what we are doing to next door neighbors,” he said. “I don’t know if we are going to be able to find anything else.”

Spriggs said Council needed more time to think about this before voting. He said Unger’s proposal of times was something he is willing to consider.

“Considering it is still an experiment, drastically limiting the times to diffuse the mixed use conflict are reasons for further thought and discussion,” he said.

Bragg said she was not ready to “put this issue to bed, yet” and believes a site off the beach is possible with the many recommendations from the public and staff.

“If we could bring back our list of optional sites,” she said “I think we still need to give this a bit more of due diligence.”

Do you support a leash-free dog site within city limits? Where is the best location for this? Tell us in the comments.

http://imperialbeach.patch.com/articles/off-leash-dog-beach-remains-on-short-leash

Government, Volunteers in the News

Off-Leash Dog Beach Remains on Short Leash

Money, location and liability questions still concern City Councilmembers and city staff when it comes to creating an off-leash beach for dogs in Imperial Beach and a proposed six-month trial period.

By Albert Fulcher | Email the author | 5:26pm

In looking to move forward with a leash-free dog beach six-month trial period between Palm and Carnation Avenues, City Manager Gary Brown asked direction from council on seven recommendations made by his office.

Brown recommends the city and IB Yappy enter into a Memorandum of Understanding (MOU) to have the group who intially proposed the idea to the city take on certain roles and responsibilities during the trial period.

He recommended policing the area, liability disclaimers, ensuring bags to dispose of waste are available and joint evaluation of the site with the city.

“As our attorney sees it, all liability falls with the pet’s guardian,” Brown said.

Mayor Jim Janney questioned placing responsibilities on IB Yappy with a MOU, noting that he thinks there is little the small organization can do.

Brown said IB Yappy will not be liable for anything, but it would be a simple agreement to police the area and educate dog owners on the rules. Brown said the MOU would have no more legal backing than a handshake.

Mayor Pro Temp Brian Bilbray reiterated his support to giving the trial a chance and agreed IB Yappy could play a role monitoring the trial period.

“It is just too easy for a city to say no,” he said. “I think it is very reasonable to enter into a MOU with IB Yappy.”

Gene Hillger, Ocean Blue Foundation president said the foundation supports a leash-free dog park and agreed to add additional plastic bag dispensers in the area should a dog park be approved.

“You are always going to have objections,” Hillger said. “We all know that the dog owner is liable and there is no liability to the city.”

Brown said the Coastal Permit process is for public information to residents and that the project would require an expensive environmental review. He recommends the option of Council requiring IB Yappy cover the cost of the Coastal Development Permit and environmental review.

“Let’s use the Farmers Market as an example,” said Brown. “We tried to keep the cost down, but the Farmers Market did have to pay a portion of that cost.”

City estimates suggest it could cost $20,000 to get a leash-free dog beach approved.

Hillger said it’s not right to expect the residents of the city come up with the money. He said Ocean Blue is dedicated to the project and will provide as much financial support as it can, but the large figures he has seen is money his organizations and residents cannot cover.

“I encourage you to make it as easy as possible on the people proposing this,” he said. “I’m not going to come up with that amount of money and I doubt IB Yappy is either.”

Tim O’Neal said he lives on the beach and his family supports a leash-free dog area. He said this is no different from Skate Park, which was built for the community, and that IB Yappy shouldn’t have to be responsible for financing the project.

Councilwoman Lorie Bragg said it is a difficult decision boiled down to two things: location and money.

Bragg suggested looking toward other locations.

“Does it have to be at the beach?” she said. “If we look at the parks, we might not have to go through such an environmental review expense. That is the reality of it.”

Dr. Mike McCoy, veterinarian and long-time local environmentalist said Dog Park in Balboa Park is a good example of how a good dog park works. He said all dogs act differently off-leash, and many can be aggressive and confrontational. Other concerns he has includes behavioral differences in non-spayed/neutered dogs and the spread of disease among non-vaccinated canines.

“The owner of the dog is going to have to take the responsibility in order to make this idea work,” McCoy said. “There are those who do not take the responsibility. If you are going to make a public leash-free area with coastal access, you need to think about that.”

Hillger said the majority of dog owners are responsible people that obey the rules, pick up after their pets and keep their animals under control. He said if it fails in the six-month trial then take the privilege away, but he thinks Imperial Beach dog owners are capable.

“To me, these are just the types of arguments that come up when someone just doesn’t like the idea or don’t want to try something new,” Hillger said. “Let’s give the city of Imperial Beach residents the benefit of the doubt.”

O’Neal said either you are a responsible dog owner, or you are not. This is for the locals and the locals respect the beach.

“We see more dog owners on the beach with Ocean Blue’s blue bags than not,” he said.

McCoy said he has dealt with dog bites, attacks and dog beach leash-free areas for many years and in his experience, the majority of attacks are a small dog against a large dog, and costs of animal care from attack can be high.

“If you are going to mix public into an off-leash situation,” McCoy said. “That is going to have to be thought through very carefully. You never know how these things are going to develop.”

Bragg’s main concern, opening innocent bystanders for attack with a public leash-free area on the beach.

“And that scares me,” she said.

Brown said the Coastal Development Permit is more intended to raise public awareness of the proposal for area residents.

He said the city could forgo the permit and hold a public meeting for residents in the area. Then an ordinance can be brought to the City Council to suspend the city’s current on-leash rules for the six-month period or go through the City Attorney.

Janney requested to move forward with the ordinance and schedule the public meeting at the same time as the first reading. He also requested notification of all residents in the immediate area of the public meeting. Janney said if anything comes up that involves litigation, the process needs to stop for reevaluation.

The mayor said he fully supports the trial period but wonders how the city can work around the costs.

“There has to be a way to do this in some way to give it a trial,” he said. “Then prove it either will work, or won’t.”

Do you think a public venue is best for a leash-free trial? If the leash-free trial goes through and is successful, which location do you think would better serve the community? A beach or a park? Do you see more responsible dog owners in your neighborhood? Tell us in the comments.
 

http://imperialbeach.patch.com/articles/council-to-discuss-code-compliance-navy-helicopters-off-leash-dog-beach-at-wednesday-meeting

Government, The Neighborhood Files

Council to Discuss Code Compliance, Navy Helicopters, Off-Leash Dog Beach at Wednesday Meeting

Leash-free dog beach trial period, increase in local helicopter traffic and the hiring of an additional code enformcement officer are on the City Council’s June 1 agenda.

By Albert Fulcher | Email the author | 2:48pm

Naval Base Coronado Commanding Officer Captain Yancy Lindsey will make a presentation on expanded helicopter operations and flight patterns, the Council will move forward with a trial for an off-leash dog beach and may hire an additional part-time Code Compliance Officer.

Each of these issues are on the agenda and up for discussion at Wednesday’s 6 p.m. City Council meeting at City Hall.

A naval flight pattern presentation related to the Navy’s proposed 30 percent increase of helicopter activity at Navy Outlying Landing Field by Capt. Lindsey is scheduled.

Federal Consistency Supervisor Mark Delaplaine with the California Coastal Commission said today that staff did not receive a decision response by the May 28 deadline and it has a one-week extension to June 3. He said a decision will come after all materials had been received and reviewed.

Click here to read an Imperial Beach Patch story about the Coastal Commission’s decision related to Navy helicopter activity increase.

The hiring of an additional part-time Code Compliance Officer is included in the Systematic Code Compliance Program update, a review of a code compliance campaign that started about six months ago.

Click here to read a previous Imperial Beach Patch story on the door-to-door code compliance program.

Council will decide to stick with the current program “as is,” to discontinue the program or temporarily suspend it, resuming “complaint based enforcement with proactive enforcement limited to blatant or egregious violations observed by City Staff or the general public.”

Both options include possibility of additional staffing for workload impacts.

City Council is looking into entering a Memorandum of Understanding (MOU) with IB Yappy regarding maintenance and operation of the proposed off-leash trial site between Palm Avenue and Carnation Avenue. President Jessica Lyn posted a reminder today for IB Yappy supporters to be at Wednesday’s meeting on the group’s Facebook page.

City manager’s recommendations include:

1. Enter into an MOU with IB Yappy regarding operation and maintenance of the trial off-leash area. Without this, the City should not proceed with any additional processing for an off-leash beach area.

2. If the MOU is completed, process a Coastal Development Permit and necessary environmental review.

3. Give policy direction on whether IB Yappy should be required to pay for the processing of the Coastal Development Permit and environmental review.

4. Prepare an Ordinance suspending enforcement of the on-leash provision of the Municipal Code until the trial is terminated (Maximum of 6 months).

5. If during the public hearing or during the review process there is a significant opposition or potential litigation, the City should abandon the leash free idea.

6. Consider a Workshop to discuss a City Council policy on community group requests that require considerable City staff and financial resources.

7. Consider tabling this request until there is more fiscal certainty and State budget actions are known.

Click here to read an Imperial Beach Patch story about efforts to create an off-leash dog beach for IB.

See the June 1, 2010 Imperial Beach City Council and Housing Authority agendas in this story’s attachments.

Will you be attending tomorrow’s city council meeting? Why? Should IB Yappy be fiscally responsible for city leash-free dog beach trial? Does Imperial Beach need an additional Code Compliance Officer? Tell us in the comments.
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