Council opts against modified leash law

June Casagrande

NEWPORT BEACH -- A plan to tighten leash laws got knocked out of the

water Tuesday when City Council members voted to leave the law as it is.

Nearly 20 residents at the meeting protested new wording for the

ordinance -- wording staff said was necessary to clarify some gray areas

but that residents thought would make the law unnecessarily restrictive.

The proposed changes to the ordinance would have added “a park, the

ocean or bay waters within the city limits” to the list of places where a

“dog must also be restrained by a substantial leash or chain not

exceeding six feet in length and physically restrained by a person.”

Even before residents could begin lining up at the lectern to speak

against the changes, Mayor Tod Ridgeway asked for a show of hands to

gauge how many people were there to protest the changes and how many

supported them. No one in the audience was there in support of the

proposed changes to the rules.

“I have a serious concern about saying to someone that a dog has to be

on a leash when the dog is in the water,” Councilman Steve Bromberg said.

The agenda item was inspired by a court case involving resident Lynne

Butterfield, who has received tickets for letting go of her dog’s leash

while he is in the water at the beach. The current law allows dogs on

some beaches at certain times, but only on a leash.

Butterfield fought the ticket based on her belief that the ordinance

does not apply to dogs in the water. A court ruled in favor of the city,

but Butterfield has appealed. Some council members thought that it was

better to wait to hear what the courts say.

Councilman John Heffernan disagreed.

“It’s our law that’s ambiguous. Why are we letting a judge tell us

what our law says?” he asked.

Emphasizing his belief that the city should be sure its ordinance was

clear, Heffernan cast the dissenting vote against a council majority that

defeated the proposed changes.

The item drew some discussion about the larger issue of dogs on the

beach throughout the city.

Resident Elaine Lindhoff asked the council to consider allowing dogs

on the beach during daytime hours in the winter. Dogs now are allowed

only before 9 a.m. and after 5 p.m.

Bromberg took the opportunity to ask staff to look into the issue of

dogs on the beaches on Balboa Island.

“Balboa Island beaches are not conducive to dogs on the beach,”

Bromberg said.