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A Victory for City Dogs That Prefer To Run Free

By GABRIELLE BIRKNER, Staff Reporter of the Sun | December 1, 2006

A Queens County court has ruled that dogs may be exercised off-leash in city parks between 9 p.m. and 9 a.m.

Yesterday's decision in state Supreme Court upholds the New York City Department of Parks and Recreation's 20-year policy of allowing dogs to frolic unrestrained in parks early in the morning and late at night. It also affirms Commissioner Adrian Benepe's authority to set off-leash hours, but urges the department to clarify this policy "known by few and misunderstood by many."

A Western Queens community group, the Juniper Park Civic Association, in August filed a lawsuit alleging the department's off-leash policy violates the "Leash Law" of the city's health code. The code states that dogs must be "effectively restrained by a leash or chain not more than six feet long" while in public places.

The president of the civic association, Robert Holden, called Judge Peter Kelly's decision "complete lunacy," and said he was weighing an appeal. "The public outcry will be there when someone is attacked — and that will happen — but the parks department is willing to take the risk," Mr. Holden said.

Mr. Benepe hailed the ruling, saying it paved the way toward formalizing an off-leash policy that "has made parks and neighborhoods safer, reduces bites, allowed responsible owners to exercise and socialize their dogs."

He added: "Tired dogs are good dogs."

A dog's exercise requirements depend on its breed, age, and temperament, though many need to run for about an hour a day to avoid becoming "anxious and neurotic," the co-director of the Humane Society of New York, Sandra DeFeo, said.

Applauding the judge's decision yesterday were many city dog owners. "People have their children running around, but dogs in New York have very little time to be free." the owner of a year-old West Highland Terrier named Agnus, Sydney Masters, said.

The New York City Board of Health has scheduled a December 5 vote on whether to amend its "Leash Law."


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The New York Council of Dog Owner Groups (NYCdog.org) applauds today's State Supreme Court ruling by Judge Peter J. Kelly... [MORE]

Bob Marino, Pres. NYCdog 

Dec 1, 2006 01:45

Twenty years of a successful Offleash Hours policy in NYC just was OK'd by the NYS Supreme Court on November... [MORE]

NYCoffleash.com 

Dec 1, 2006 02:05

The Leash Law has always promoted exercising and socializing dogs. It fostered healthy activity for both the dog and the... [MORE]

Bob from Middle Village 

Dec 1, 2006 08:53

Bob H: Still at war with Commissioner Benepe? You lost fair and square. You called offleash recreation illegal. A NYS Supreme... [MORE]

Voice of Reason 

Dec 2, 2006 15:17

Gee Bob H. (of Middle Village): The hundreds of responsible dog owners (perhaps as many as a thousand) that congregated on... [MORE]

Boo Yah! 

Dec 3, 2006 00:00

The recent ruling in the leash-law debate is in no way a "total victory for dog owners", as one dog... [MORE]

Michael Chimenti 

Dec 1, 2006 10:21

Michael: You have a fundamental misunderstanding of responsible offleash recreation. We actually all have something in common. Responsible dog owners want to... [MORE]

Voice of Reason 

Dec 2, 2006 15:34

MR. HOLDEN WAS DEFEATED AGAIN. THAT IS REALLY A SHAME!!! I FEEL MAYBE THEY SHOULD GET A NEW PRESIDENT FOR... [MORE]

JOHNNY MURTHA 

Dec 2, 2006 16:10

Mr. Chimenti, As the dog advocate who was quoted as saying the court ruling was a "total victory" for dog owners,... [MORE]

Bob Marino, Pres. NYCdog 

Dec 3, 2006 22:55

Dear Voice of Reason: I think you have a fundamental misunderstanding of the issue. The issue was never about whether dogs... [MORE]

Michael Chimenti 

Dec 4, 2006 10:42

Michael: The Offleash Hours policy was never "unofficial." It has been, however, little publicized by the Parks Dept up until now.... [MORE]

Voice of Reason 

Dec 4, 2006 12:11

Like most issues, we are more in agreement than we are in disagreement. I am glad the "Junipers" filed their... [MORE]

Michael Chimenti 

Dec 4, 2006 14:20

Michael: We are more in agreement. I have personally wanted to see Parks clarify and publicize the rules for many years,... [MORE]

Voice of Reason 

Dec 4, 2006 15:41

As I said in an earlier comment, I think we agree more than we disagree.The results coming out of this... [MORE]

Michael Chimenti 

Dec 4, 2006 15:55

In response to Michael Chimenti's post, as well as all of the efforts by the Juniper Park Civic Association, I'd... [MORE]

Matt 

Dec 5, 2006 14:22

Stop being so smug, Matt. We did not lose. The Parks Dept. now has to designate an off-leash area in... [MORE]

Michael Chimenti 

Dec 6, 2006 14:58

Michael, We can argue back and forth about who might have won or lost. I am laughing because it sounds... [MORE]

Bob Marino, Pres. NYCdog 

Dec 7, 2006 02:20

Well said - I agree, and have said before, I think this situation has proved that our system works. Let's... [MORE]

Michael Chimenti 

Dec 8, 2006 10:25

To J. Murtha: You say that "... THAT ALL THE OWNERS I HAVE OBSERVED ALWAYS PICKED UP AFTER THEIR CANINES... [MORE]

Bob from Middle Village 

Dec 11, 2006 13:13

N.Y. dog lovers doo right When it comes to picking up after Fido, New Yorkers rank near the top of the... [MORE]

Bob Marino, Pres. NYCdog 

Dec 12, 2006 12:35

Poll: Overwhelming majority of city residents want dogs leashed The daily weekday newspaper, AM NY, conducted a poll of New York... [MORE]

Voice of Reason 

Dec 4, 2006 15:06

Of approximately 13,500 comments submitted to the Board of Health on the off-leash issue, only 200 were anti off-leash and... [MORE]

Bob Marino, Pres. NYCdog 

Dec 5, 2006 15:57

here's the poll, folks: http://www.amny.com/news/local/newyork/am-dogs1206,0,4468006.story?coll=am-topheadlines&vote26671059=1 Should dogs always be on leashes in city parks? 35.4%Yes (1747 responses) 64.6%No (3190 responses)4937 total responses [MORE]

Matt 

Dec 5, 2006 16:28

Should dogs always be on leashes in city parks? 41.3%Yes (2303 responses) 58.7%No (3269 responses)5572 total responses as of 12/5/06 [MORE]

Voice of Truth 

Dec 5, 2006 22:26

The question should have been "Should Dogs be allowed to run off the leash in city parks between the hours... [MORE]

R Oliver 

Dec 6, 2006 10:11