Court tightens city’s leash on dog owners
Deepa Bharath
NEWPORT BEACH -- An Orange County Superior Court judge on Tuesday
ruled against a couple who allowed their dog to fetch a chew toy from the
ocean while they were not holding his leash.
Judge Christopher W. Strople concluded that Lynne and Philip
Butterfield violated the city’s leash law. The Butterfields, who have
lived on Ocean Boulevard for more than 10 years, primarily contested the
city code’s definition of “beach.”
They maintained that they did not have to hold on to the leash because
Red Baron, their golden retriever, was only alone during the time he took
to retrieve a chew toy from the ocean.
“He has always had a leash on him,” Lynne Butterfield said.
The judge determined that Baron was, however, on that part of the
beach where the ocean ebbs and flows without his owners holding on to his
leash.
“That, to me, is still the beach,” Strople said. “If the dog were in a
part of the ocean where he is submerged in the water, that’s different.
The facts of the case did not constitute a scenario where you can say the
dog was in the ocean.”
The judge said it may be admissible if either of the Butterfields
stood waist-deep in the ocean and let the dog swim without holding on to
the leash.
The city’s code requires that all dogs be held on a leash in all
public places, including the beach.
“The law does not specifically mention the Pacific Ocean,” Strople
said. “But the ocean could come under the definition of a public place.”
The judge, however, admitted that the case was not black and white and
reduced their fines from $103 to $25 for each of the two tickets the
couple received from animal control officers.
“There were gray areas,” Strople said. “And there were no precedents.”
Lynne Butterfield said she and her husband are “disillusioned” by the
outcome of the case.
“We wouldn’t have gone ahead with the case if we did not think we’d
win,” she said, adding that the duo is considering appealing the
decision.
Police are satisfied with the judge’s decision, Sgt. Steve Shulman
said.
“The object of this was to have the judge determine whether or not
there was a violation,” he said. “It certainly looks like we’ve acted
appropriately, and we hope the Butterfields will respect the court’s
decision.”
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