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WHY CHANGE? Reasons to consider amending the leash law
1) About people not dogs - Providing space for residents to walk their dogs off-leash is about meeting the needs of the residents, not dogs. Walking dogs off-leash is a form of passive recreation that should be supported by the city, just as the city provides many acres of space for various other forms of recreation. The following amount of space is available for recreation in Newton: 552 acres for parks and recreation, 97 acres for school playgrounds, 267 acres for conservation, and 262 acres for MDC. Of this, over 200 acres are designated for recreational activities such as soccer, basketball, baseball, tennis, etc. and 71 acres for the Commonwealth Public Golf Course, and ~60 acres for the Leo Martin Golf course. There is no space for residents that want to enjoy throwing a ball or walking with their dog off-leash.
2) Newton is not alone - Many communities comparable to Newton have very successful off-leash policies that are less restrictive than Newton’s. The guest speakers at the 2003 Public Hearing shared information about off-leash programs in their communicates. Information on other communities comparable to or more urban than Newton that have policies that are more relaxed than our current law would be helpful. This should focus on places that have more than just one or two "dog parks," because we clearly need more than that, though talking about cities like NY, Chicago, and San Francisco that recognize the need for the community to provide residents with dogs a nice place to walk them off-leash would be very useful.
3) City fails to acknowledge/recognize the extensive use of parks by dog owing residents - The 2003 Newton Recreation and Open Space Plan – a 100 page City funded document that evaluates usage and needs of parks and open space in Newton, and yet it doesn’t even contain the word "dog." It says things like:
"The demand for many types of passive, unstructured recreation has shown a marked increase in recent years. The State Comprehensive Open Space Plan (SCORP) has identified bicycling and nature walking as the two most popular recreation activities in the Commonwealth, and these are common uses of Newton recreation land, along with jogging and cross-country skiing…"
While walking dogs off-leash is a far more common activity in Newton parks and open spaces than riding bikes and cross-country skiing, no accommodations are recommended for this activity in this plan.
4) Law is outdated and should be revised - The real problem the leash law was designed to control was people opening the door and letting dogs run loose, it has been effective in doing this. It probably wasn’t intended to be as limiting as it has turned out to be.
5) Dog owners are a very large constituency with needs completely unmet by the city - National statistics indicate about 35% of households own dogs (research this on the internet to be able to state reliable sources). The Newton census indicates over 2,000 households have dogs, but everyone recognizes the real number is at least double, if not triple this figure. (There are about 30,000 households in Newton.)
6) Dog owning residents are already using the parks - Dogs are already taken off-leash in parks all over Newton and in most situations are not causing trouble. Our laws should more closely match the current practice. Identify the areas where dogs off-leash are a real problem and find ways to address the problem, but allow use where it does not create a problem.
7) The benefits of off-leash time for Newton residents - Positive communities are created by dog owners getting together each day to spent a few minutes with other residents as their dogs play. A mother of a three-year-old child once expressed her envy for there being a group of neighbors that gathered together daily with their dogs.
8) Good use of public space - Use of parks and open spaces to walk dogs off-leash is a good use of public property. Many parks are virtually unused from November through March. That is over 40% of the year when no one except residents that own dogs ever sets foot inside a park. Is it really in the best interest of the City to have these parks lay fallow through the winter when they could be providing a positive benefit to a significant number of residents? The parks are also unused early in the morning except by dog owners. If dogs can use these spaces without interfering with others why not support this additional use of public property?
9) Most dog owners want to be law abiding citizens - There will always be bad dogs and bad dogs owners. Just as there will always be irresponsible drivers, parents, etc. We do not take away the privileges of all because of the irresponsible behavior of a few. We develop reasonable laws that allow us to punish the irresponsible behavior of the few. Having restrictive laws curtails the behavior of the responsible dog owners. The irresponsible dog owners are likely to continue to behave irresponsibly no matter what the law.
10) Off-leash and picking up after dogs are two separate issues – many residents that walk dogs off-leash are very vigilant about picking up after their dogs. Many residents that walk their dogs on-leash along city streets do not pickup after their dogs.
11) Health concerns are legitimate but overblown – if being around dogs were so dangerous pediatricians would warn parents to get rid of dogs when they have children. Instead, over 35% of families in America have dogs and very little is ever mentioned about children in these families coming down with dog related diseases. The likelihood of a non dog-owing child coming down with a dog related disease would be significantly lower. Yes there are diseases, but the degree of risk of catching these illnesses from use of a shared park is quite low.
12) Stewards - The Trustees of Reservations has volunteer "stewards" who help educate non-compliers about their regulations. This is something we would consider. The ranger at Fresh Pond Park apparently did a wonderful job training the Stewards on how to politely talk to people…. Not sure this would work in Newton but may be worth considering (mostly these would be non-dog walkers, because they would need to be in the park during non off-leash times).
13) Don’t ask don’t tell - Many residents that currently walk their dogs off-leash are afraid to bring up this topic because they are afraid that the situation will get worse.
14) Difficult to know when to use parks to avoid off-leash dogs - The current situation makes it difficult for people who want to avoid off-leash dogs to avoid them. Designating an adequate number of legal off-leash times and places, or designated appropriate on-leash times and places, would make it possible for people to use spaces accordingly.
15) Many complaints to the police are simply that dogs are off-leash, not that off-leash dogs are causing a problem - The current regulation invites people to call the police when they see dogs off-leash in public areas, just because “it is illegal,” not because there is a dangerous situation. Because it is illegal police are required to respond and ticket accordingly, even though there is no danger. Is it the best use of police time to have regulations that require police to respond to calls from residents complaining about a situation that is not interfering with anyone or anything?
16) Parity – the city provides hundreds of acres for resident that enjoy engaging in many athletic activities and for communing with nature. But it provides no legal space for residents whose desired activity is spending time with their dogs off-leash, even though this group is probably one of the largest groups of residents that would like to have access to public space.
