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.”