Couple deems law all wet

Deepa Bharath

NEWPORT BEACH -- On most Friday and Sunday afternoons, Lynne

Butterfield and her husband, Philip, enjoy an hour of playing with Red

Baron, their golden retriever.

They throw a chew toy into the ocean at Big Corona and Baron bounds

into the water and, within a few brisk strokes, retrieves the toy and

brings it back to his adoring masters.

This has been an enjoyable game for the couple and their pet for more

than five years. The couple has lived in their Ocean Boulevard home for

more than 10 years.

But now, whether it can be played again on the beaches of Newport may

be for a judge to decide.

The Butterfields have locked horns with Newport Beach police officers,

who say it is illegal to let a dog run loose without a leash held by the

owner, anywhere in the city, including the beach. But Butterfield says

her definition of the beach is “the sand and pebbles, not the ocean.”

“Nowhere in the law does it say dogs cannot swim in the ocean,” she

said.

She said police slapped her and her husband with five tickets five

years ago for the alleged violation.

“But then we spoke with the officers and explained things to them and

they did not ticket us for the last five years,” Butterfield said. “But

on New Year’s Day I got one ticket and a week later my husband got

another.”

This time, the Butterfields have decided they are going to fight it in

court.

Police say they stand steadfast by their interpretation of the civil

code.

“The law includes all of the city and that includes one mile into the

ocean,” said Sgt. Steve Shulman.

He said the Butterfields have repeatedly violated the law.

“It’s happened more than once,” Shulman said. “They just did not feel

the need to obey the law. But if everybody believed that, we would have

dogs running loose all over the city.”

For Butterfield, it is not a matter of breaking the law or being able

to afford the tickets, she said.

“This is something we and other residents on Ocean Boulevard have

enjoyed for years. And it is within the law and that is all we want to

say.”

Shulman said it is for the judge to decide whose interpretation of the

law is correct.

“Our job is to enforce city code,” he said. “When it comes to these

decisions, it is up to the court.”

A hearing is scheduled for Tuesday afternoon at the Harbor Justice

Center.

* Deepa Bharath covers public safety and courts. She may be reached at

(949) 574-4226 or by e-mail at o7 deepa.bharath@latimes.comf7 .