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City parks have become a combat zone, and dogs are the source of the controversy. Dog owners who are rallying for leash-free hours in City parks are butting heads with people who insist that unfettered dogs are dangerous. Let the battle of the dog leash begin.

After much ado, the New York City Board of Health voted to formally allow the New York City Department of Parks and Recreation to uphold its long-standing “courtesy hours” policy, allowing dogs off leashes in designated areas of City parks between 9 p.m. and 9 a.m.

“The overwhelming majority of comments received on this proposal were in favor,” said Health Commissioner Dr. Thomas R. Frieden. “We have devised a rule that balances our mandate to protect the public’s heath and safety with the need for a formal off-leash policy for dogs in City parks.”

The vote came on the heels of another triumph for off-leash proponents, when only a few days earlier, Judge Peter J. Kelly ruled against the Juniper Park Civic Association’s lawsuit against the Department of Parks and Recreation. JPCA sought to end the Parks Department’s unofficial policy allowing unleashed dogs in City parks between 9 p.m. and 9 a.m., claiming that the policy is in violation of the NYC public health code, and that unleashed dogs are dangerous at any time.

Bob Holden, President of the Juniper Park Civic Association, called the policy “complete lunacy,” saying that now it is just a matter of time before more dogs attack.

“I think the big losers here are the park users in the City of New York,” Holden said. “Dogs are always safer on a leash. Now that more people know about this policy, more people will walk their dogs without leashes, and there will be more attacks.”

The Parks Department dismissed Holden’s claims, asserting that dogs that exercise leash-free are less anxious and more sociable, reducing the likelihood of dog bites and other aggressive behavior.

“For the last two decades, this [courtesy hours] policy has allowed dog owners to exercise and socialize their pets in designated areas during certain hours,” said Parks Commissioner Adrian Benepe. “The daily presence of dog owners during early morning and late evening hours and fewer reports of dog bites have also made parks safer.”

The amendment to the original dog leash laws, which incorporates the courtesy hours policy and gives the Parks Department the authority to limit or eliminate off-leash privileges, is effective immediately. The amendment also requires that dog owners carry proof of dog licensure and current rabies vaccination.

“We may have lost our case,” Holden said. “But one thing that we were successful with is that there will be stricter controls on dogs, like the license and rabies vaccination requirements.”

Almost 13,500 comments regarding the issue were submitted to the Board of Health. Of that amount, more than 13,000 were in support of the off-leash hours, while only 200 vehemently opposed it.

Bob Marino, president of NYC Dog, an umbrella organization representing more than 35 dog owners groups, cheered on the Board of Health’s ruling, saying that this decision is a testament to the success of the last 20 years.

“We’re quite pleased with this decision,” Marino said. “We’ve had this policy in place for 20 years, and in that period of time, dog bites have dropped continuously. It just shows that responsible people will be able to respectfully use the parks with their dogs.”

On the other side of the leash law battle, fearful residents, like Tatiana Grant, who was bitten by an unleashed dog while rollerblading in Juniper Valley Park at 8:45 a.m. in 2004, insist that this policy is a calamity waiting to happen.

“A dog of this size should not be unleashed in a park full of people,” Grant said. “This policy is horrible because working people come to the parks earlier or later. All of my physical activities are in the morning, but I stopped going to the parks to exercise in the mornings because I am scared.”

The battle of the dog leash is not over. The Parks Department will now begin to amend its own rules, undergoing a similar procedure to the Board of Health. The process, which includes proposing a rule that clearly outlines off-leash rules followed by a 30-day period of public comment, is expected to begin in early January.

Holden also said that the JPCA is preparing its appeal.

“We think the judge made some glaring errors and we are considering an appeal,” Holden said. “Right now we’re facing a monetary issue, but if people want to pledge their support, it would be great.”

For more information about JPCA’s lawsuit, visit www.junipercivic.com or call (718) 651-5865.
(photo caption newspg5.jpg) Dogs now can officially run without leashes in city parks from 9 p.m. to 9 a.m.