Council tugs at freedom to be leash-free

June Casagrande

NEWPORT BEACH -- A move to tighten city leash laws for dogs in the

water has one couple worried their golden retriever’s favorite pastime is

under fire.

City Council members on Tuesday will consider tweaking the city’s

leash rules to add parks, as well as ocean and bay waters, to the list of

places where dogs must be kept on leashes at all times. City officials

say the addition will make the ordinance more clear and avert disputes

such as an ongoing court battle with residents Lynne and Philip

Butterfield.

“This is just to clear up one area of confusion that was raised with

the court,” Deputy City Atty. Daniel Ohl said.

The Butterfields fought in court a citation the city issued them for

letting their golden retriever, the Red Baron, frolic in the water while

no one was holding on to his leash. Though the leash stays on at all

times during their Saturday morning outings, Lynne sometimes lets go when

the dog is well into the water -- a freedom she believes is permitted

under the current ordinance.

The ordinance allows dogs on the beach in some places before 9 a.m.,

as long as they’re on a leash. But the ocean, Butterfield asserts, is not

the beach, which city documents define as “dry pebbles and sand.”

But for Butterfield, the question is more practical than semantic:

Dogs in the water, she says, don’t create the same causes for concern as

dogs running free on the beach.

“He’s never out of my control,” Butterfield said.

An Orange County Superior Court judge in March ruled in favor of the

city, supporting the citation that comes with a $103 fine. But Judge

Christopher W. Strople added that, if Butterfield were in the water up to

her waist, she would be allowed to let go of Baron’s leash. Since then,

Butterfield, who can’t swim, goes into the water in a pair of waterproof

fishing pants to legally let Baron swim free.

The Butterfields have appealed the Superior Court decision. The appeal

hearing is scheduled for July 1.

Tuesday’s City Council meeting will serve as a first reading of the

proposed ordinance.

FYI

* WHO: Newport Beach City Council meeting

* WHEN: 7 p.m. Tuesday

* WHERE: Council Chambers at City Hall, 3300 Newport Blvd.

* INFORMATION: (949) 644-3000

* June Casagrande covers Newport Beach. She may be reached at (949)

574-4232 or by e-mail at o7 june.casagrande@latimes.comf7 .

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