Couple deems law all wet
Deepa Bharath
On most Friday and Sunday afternoons, Lynne Butterfield and her
husband, Philip, of Newport Beach 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 them
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,” Sgt. Steve Shulman said.
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,” she added.
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 .
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