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Judge rules in favor of off-leash dog hours

BY LAUREN JOHNSTON | amNY.com STAFF WRITER

4:44 PM EST, November 30, 2006

Dogs across the city had reason to unleash a bark of victory Thursday.

A Queens judge's ruling preserved the rights of dog owners to let their pets run off-leash in certain areas of city parks. Queens Supreme Court Judge Peter J. Kelly ruled against a civic group seeking to end the Parks Department's unofficial policy allowing off-leash exercise between 9 p.m. and 9 a.m.

The civic group, the Juniper Park Civic Association, said the practice, which has been in place for two decades, violates city health code.

Kelly struck down the claim, ruling the parks commissioner has the authority to decide park policy, including where and when dogs may run off-leash.

"We believe that the last 20 years of this policy have worked and it's gratifying to have that supported by the judge," Parks Commissioner Adrian Benepe said.

Leaders of the Juniper Park Civic Association vowed to appeal.

"I'm disappointed that the judge ruled in favor of Parks and against the public," association president Bob Holden said. "We were trying to protect the park users who are afraid of dogs."

Holden's group says unleashed dogs pose the threat of attack, even in designated areas. Pro-dog groups say running free makes pooches more sociable, while making parks safer because dogs and their owners are there during hours when they're typically empty.

"Dog owners are the most dedicated users of parks," Benepe said. "They're like the post office that way -- there rain or shine."

The suit has largely become a battle of the fine print as the groups debated differences between the city health code and parks rules.

In his ruling, Kelly pushed for a more specific dog policy, saying the unofficial rules are "known by few and misunderstood by many."

The Board of Health has, in the meantime, proposed an amendment to its language to clarify dog policies and acknowledge a parks commissioner's authority to decide park rules. The board will vote on the amendment Tuesday. In a public hearing on Nov. 1, those supporting the amendment greatly outnumbered those against.

Dog advocate Bob Marino, head of the group NYCDog, called the ruling "a total victory for dog owners," but said putting off-leash rules on the books will mean new responsibilities, like stricter guidelines for dog licenses and vaccines, and a better system of designating dog areas with signs.

"Are we thrilled? Absolutely," Marino said, "but this means a lot of work for us."

Benepe said he sees both sides of the debate, but said he thinks all groups gain under the ruling.

"This is not a war and there's no victory," he said. "This is the city trying to do its best to accommodate the most users with a limited amount of park land."

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