Showing posts with label Dog Leash Law. Show all posts
Showing posts with label Dog Leash Law. Show all posts

Saturday, May 21, 2016

Fascist Nanny State Watch: Berlin Is Creating a 'Driver's License for Dogs'

Berlin Is Creating a 'Driver's License for Dogs'

Is the plan a bureaucratic nightmare or an overdue clean-up?




Image Robert Agthe/Flickr
Soon, this Berlin dog will need a license. (Robert Agthe/Flickr)

The title of Berlin’s new “driver’s license for dogs” admittedly sounds a bit misleading. The new permit, whose draft was approved Wednesday, doesn’t actually allow canines to get behind the wheel of a car, it’s a license without which dog owners will not be allowed to walk their pets leash-free. The crazy name aside (the German’s genuinely call it a Hundeführerschein or “dog’s driver’s license”), the plan sounds quite sensible. It is still controversial with the owners of the city’s 100,000-odd dogs, who over the coming decades will come to be regulated like never before.
To get the license, which will only be required for new dogs, owners will need to demonstrate that their pet has basic training and is essentially manageable. If the dog passes the test, which costs €100 ($112), it will be largely exempt from a list of new laws restricting canine behavior and access. The most important of these makes leashes compulsory for dogs taller than 30 centimeters. That’s roughly 12 inches, which means the average Corgi, Jack Russell or Miniature Schnauzer should still be all right un-tethered. Leash-free larger dogs will from now on be restricted to dog parks. Meanwhile, in a move that will no doubt prove popular with dog-less Berliners, owners that don’t take their dogs into Berlin’s streets armed with a poop bag risk a fine.
The reaction to the new rules has been tetchy. Some media have damned it a“bureaucratic monster” while many owners feel put upon. Last year, dogs were already barred from a few city beauty spots, typically around lakes (such asSchlachtensee) where humans bathe in summer, and there’s a fear that for the four-legged, the walls are closing in. Some people have also highlighted the apparent randomness of the rules, given that a dog of less than 12 inches in height can still pose a danger to a small child.




And finally, there’s the cost. On top of the €100 fee, there’s an annual €40 ($45) dog tax, the extra expense of which could mean posh pooches get to roam free while their proletarian siblings stay shackled.
The kickback is somewhat strong. Germany is a dog-obsessed country—arguably without parallel in Europe—and the idea of forcing four legged citizens through the same levels of regulation that their biped companions face has raised a few hackles. So is this a negative case of Germans regulating everything into oblivion?
Not necessarily. If anything, the German capital’s dogs have got off lightly in the past. Even large Berlin dogs go pretty much anywhere (cafes, bars, subway trains). That in itself isn’t a problem. More egregious is that some owners can be so slack about cleaning up after them that, in a few soiled streets, you might wonder if the dogs are staging some form of mute fecal protest. Such unusual laxity seems out of whack in a city where, as a human, crossing the street somewhere other than a crosswalk can get you hissed at by strangers. Berlin’s dogs may end up on a tighter rein, but making their owners more careful is unlikely to do them good in the long run.

Thursday, March 10, 2016

Is the Marin County Sheriff being used for Political Advantage?



Marinwood CSD board president confirms that Marin Sheriff reported private conversation which was then used for political purposes at a Marinwood CSD meeting on March 8, 2016.

In a related video, we observe an armed Marin Sheriff while allegedly  performing security, testify with highly salacious  testimony to support the passage of a local dog leash ordinance.  We question the ethics of doing this in an official capacity.   

In our view, Marin Sheriff's office violated ethics twice.  Once, when the officer provided the irrelevant testimony to inject fear of outsiders in the discussion about the dog leash law and twice, when a private complaint was revealed to Justin Kai for his political advantage.

We expect our police to uphold the law and serve the public in a unbiased manner and not become political tools for petty officials.

To appreciate the ethical problem poised by the deputy, consider the following.  Imagine if the armed sheriff standing guard, suddenly spoke up in favor of the current "leash optional" policy and said. "Excuse me board members, I don't think you have established the facts.   There have been ZERO reported incidents in the Marinwood Park Panhandle".

Even though the deputy would have spoken the truth,  his improper injection of personal opinion into the community discussion while serving as a security officer would have been totally improper.  It would have been perceived that he was challenging the majority of the CSD board and creating undue influence.

The Sheriffs department should not be unofficial advocates for any political discussions while performing their duties in uniform at a public meeting.

Wednesday, March 9, 2016

How to enjoy off-leash time with your dog

How to enjoy off-leash time with your dog 



Marin Humane Society:

With the recent changes proposed for the Golden Gate National Recreation Area in regard to where one may bring either on- or off-leash dogs, we thought it was time to revisit both the pleasure of recreating with our dogs off-leash and, just as important, the responsibility that comes with it.
There are real advantages to walking your dog off-leash. It allows for increased exercise and mental stimulation and, of course, is fun. Thankfully, gone are the days when a dog’s only opportunity for exercise was a brief walk around the block or simply left in the backyard. Many guardians — especially physically active Marinites — take their dogs with them when they go for a run or for a brisk hike in the great outdoors. We know from many years of adopting out dogs that stronger bonds are formed when guardians and their dogs spend time together doing what both love.
From a behavioral standpoint, off-leash walking is especially beneficial for dogs that aren’t always comfortable on-leash. Some often pull against the restraint of a leash, sometimes literally taking their owners for a walk, other times getting so frustrated by their leash that they bark at anything passing by.

See the story in the Marin IJ HERE

Wednesday, March 2, 2016

An Open Letter on Dog Leash Policy in Marinwood Park








Dear Marinwood CSD Board Member

As you know, eliminating the "leash optional" area in the Panhandle is extremely unpopular in the community. Two polls on Next Door show that voters want to continue to allow responsible dog owners by a margin of two to one.  Similarly the letters received prior to the voter were strongly in favor of maintaining the Panhandle policy and at the meeting almost all the speakers were in favor of the existing "off leash" area.

Politically speaking, the prohibition will not stand and will be overturned either through CSD action,  a referendum or civil disobedience.   You cannot simply override the will of the clear majority of residents.   

The proponents of establishing the "off leash" ban cite liability and safety as the chief reasons to establishing it.  Although no one denies minor incidents of bad dog behavior,according to Eric Driekosen, confirmed there have been NO DOG INCIDENTS reported in the park causing a report to the Marin Humane Society or legal action at least since 2006.

Marin Humane Society for Animal Control, Captain Cindy Merchado estimates that in 30 years serving as a dog officer, she can only recall about 20 incidents ever in Lucas Valley.  "It just isn't a problem area" she says.  

Cindy and another officer are the only enforcement officers for our 850 square mile county.  " Dog leash laws are not "even on the radar" for enforcement.  We are busy with neglected animals and pet hoarders,"she says.

"We see conflict arise from time to time from dog walkers and people who want to ban off leash activity.   It is always a huge issue.  The only thing that works in my experience is when you establish separate areas as policy.  You have to serve the whole community, not just a portion of the population.  We know that exercise and social play is extremely important for good dog behavior.  As dogs become more confined,  problems arise. We support off leash areas for dogs'

Off leash areas (official and unofficial) are common in jurisdictions throughout Marin. It is rare to hear of people hurt or liability issues. The alarm about liability is not supported by the facts.

We are prepared to overturn the ordinance through a referendum.  

You can save the community from this very public process and the costs of the election by simply overturning the ordinance at the March 8, 2016 Board meeting.

That said, there are ways to improve the panhandle with better signage to advise visitors they may encounter wildlife and off leash dogs.  Let's look for a way to make this compromise work.

I am sure most of us want to put this behind us.  

Will you put the reinstatement of the the leash optional area in Marinwood Park up for vote on the agenda for the March 8, 2016 meeting?



Here are some helpful links:


Tuesday, March 1, 2016

Marinwood CSD Board President calls in the Police to "keep the peace"


It didn't take long for the power to go to his head

In what has to be the most grandiose fantasies of power,  we now have confirmation from the Marin Sheriff Department that Justin Kai, Marinwood CSD Board president was responsible for the armed police presence at last month's Marinwood CSD board meeting on the leash law.  

Why was this over the top request made?  The Marinwood CSD received an avalanche of complaints about the ban of the "leash optional" area of Marinwood Park.  Clearly, they knew there might be conflict at the meeting and were intent on voting it in.  

But an armed sheriff?  What for?  Was it to intimidate the crowd or was it for the officer  to provide salacious testimony that "strangers with 6-7 dogs will be coming to the park and create havoc" if we don't pass the leash ordinance?

Ironically, it is the behavior of the board president that is most often "out of bounds" from established Rosenberg Rules procedure at public meetings. Frequently the public is interrupted, lectured and ridiculed in total disregard for common courtesy and the democratic process.  We have it on videotape.  


Justin Kai has served as Marinwood CSD president since January 2016.
At his second meeting, he called in the police to "keep the peace".


Fines for your off leash dog in Marinwood Park will cost you upto $615!


The Marinwood CSD wrongly reported the fines for off leash dogs in Marinwood Park in this article in the Marin IJ.  The 2016 Bail schedule shows a maximum fine of $615 found HERE  There are EIGHT ORDINANCES you could be cited for.

The Marinwood CSD ignored the pleas of the vast majority of residents who want to maintain a
separate are for off leash dogs in the Marinwood Park Panhandle.  Virtually every jurisdiction in Marin has "leash optional" area for responsible dog owners.

Eric Driekosen, Marinwood CSD Manager has confirmed there have been ZERO claims for dogs since 2016 . Marin Humane Society, Animal Control Officer, Cindy Marchado can only identify about 20 incidents in Marinwood/Lucas Valley over her 30 year career.   "It just isn't a problem area.  We don't have time to investigate leash law complaints. We are too busy investigating problem dogs, neglected animals and hoarders".

It seems that Leah Kleinman-Green, Izabela Perry and Justin Kai  "fixed" a problem that doesn't exist in Marinwood Park.

Residents have vowed to overturn the ordinance to allow the sixty year tradition of responsible off leash dog walking in Marinwood Park and it could cost you up to $615!!!


 Leah Green is terrified of off leash dogs in Marinwood Parkand doesn't think responsible dog owners are the majority in Marinwood   HERE. The fine may cost you up to $615.


We have asked the board to overturn the February 9, 2016 ordinance change.  If not, we the citizens will be forced to overturn the unpopular action with a referendum.  Send your letter to the board care of edreikosen@marinwood.org by this Friday.

Sunday, February 28, 2016

Send in your Response to the Golden Gate National Recreation Area to Protect Off leash areas on the Beaches.


Send in your Response to the Golden Gate National Recreation Area to Protect Off leash areas on the Beaches.





Send your response HERE
Here is my response:
There are few pleasures more satisfying than a walk in nature with your dog off leash. In the Golden Gate National RECREATION area this pleasure should not be denied from responsible dog walker. The evidence is thin that there is a permanent danger to wildlife. It shouldn't be any more than walking with a pack of rambunctious boys.

While there are some that think dogs and boys should be on leash, such unnecessary restrictions on our freedoms diminish us all.

Please allow beach access for responsible dog owners in special "leash optional areas" so that the intolerant people may avoid us.

We will be laughing, enjoying our pets and nature as God intended.

Marinwood Park Panhandle "Leash Optional" Referendum


The Marinwood Park Panhandle has been "leash optional" for sixty years!


Followers of this blog are aware the Marinwood CSD directors  (Justin Kai, Leah Kleinman-Green and Izabela Perry) changed  the park ordinance to ban off leash dogs in the pan handle section of Marinwood Park.  This area has been "leash optional" for at least sixty years.   We hope they will reconsider their position and affirm the rights of everyone to enjoy the park.

The directors in a stunning decision ignored the overwhelming public support to maintain the current park ordinance at a February 9, 2016 CSD meeting.   Over 30 letters were received from the public after a last minutes notice that it would be put up to a vote.   The room was packed and there were over 20 speakers who favored maintaining the ordinance and only 2 favored restricting the park.

After the meeting was made public on NextDoor,  two polls revealed 70% of the public favored keeping the "leash optional" area and overturning the ordinance.  Marinwood residents  like many communities throughout Marin want areas for off leash dogs.
  
The easiest solution, was a compromise like we had in the park since 2012 with some areas mandatory on leash and other area "leash optional".  Outright prohibition create unnecessary conflict.

We need to gather 350 signatures for a referendum to place on the ballot overturn the ordinance.  

We feel that this should be pretty easy given the amount of responsible dog owners in the neighborhoods.  

If you would like to know more how you can help,  email me at stephennestel@gmail.com . 


Monday, February 22, 2016

Armed Sheriff guarding Marinwood CSD meeting advocates for Leashes




Marin County Sheriff testifies that strangers with unruly dogs will overrun Marinwood Park if Marinwood doesn't have a leash law.  In my view, it was completely inappropriate for an armed uniformed officer to provide advocacy at a public meeting.  

Apparently he was called in by someone to "maintain the peace" .  The board must have been concerned about the public reaction that is overwhelming against changing the current leash law ordinance.  

Did they think we were going to cause a riot?  Who called in the Sheriff for security? Is this a bit of an over reaction?

The Sheriff's Department does not enforce dog leash laws.  That is left to the Marin Humane Society.  The officer should have told the public this. He should have refrained from comment while on duty and in uniform.  He is welcome to make unofficial remarks as a private citizen.

Wednesday, February 17, 2016

San Diego's enlightened Leash Optional parks.

San Diego County has "off leash" areas in their parks everywhere.

Your Dogs and City Parks

Photo of Cooper the Dog on a Leash
All dogs shall be maintained on a leash not to exceed eight feet, including trails and canyons in all parks. For those parks that have been designated dog off-leash areas, dogs must be leashed until inside the posted boundary for the off-leash area.
Dogs benefit by being protected from rattlesnakes, ticks, traffic and various other hazards and distractions. Also, poison oak is spread from dogs to humans.
We understand that people love their dogs and want a place for them to run free, play fetch and socialize with other dogs. The City of San Diego has designated off-leash dog areas for just this reason. It is necessary to keep your pets within the boundaries of the posted "Designated Dog Off-Leash" areas. The perimeters may be unsafe for your dog (ex. traffic, sharp objects that can injure them).
Please adhere to the posted park rules and also:
  • always pick up after your pet;
  • do not bring a puppy to the dog park until all required vaccinations are complete;
  • be sure that your dog's required vaccinations are up to date for the health of all dogs on site; and
  • be sure that your dog is wearing a current license from the County Department of Animal Services.



The real liability issue for Marinwood's Leash Law


The real liability issue for Marinwood's Leash Law





From www.dogbitelaw.com an Attorney specializing in victims compensation from dog bites:

The victim of a personal injury or injury to the victim's dog probably will not prevail on a claim against the local government entity that established the dog park. Generally, there are immunities that protect government entities from many claims; if the entity believed that it was doing something beneficial for the community, it is hard to get around the immunity.
However, failure to enforce its own rules and regulations may result in governmental liability. Dog parks frequently are governed by special rules that are either posted or part of the local municipal code. If an irresponsible dog owner has a habit of breaking those rules, and the local animal control officers do nothing despite being informed, a person who sustains personal injuries or injuries to his or her dog may prevail against the municipality."


Adults and mature children who voluntarily encounter a known risk are usually deemed to have consented to the injuries they receive as a result of that particular risk.
If you go to a no-leash dog park and you are injured by a dog, under circumstances other than a bite where the dog would not have injured you if it was leashed, then there is a very good argument that you assumed the risk. After all, you knew that leashes were optional at the park, but you went there anyway to take advantage of the same leash-optional law that resulted in your own injuries.
However, the assumption of risk doctrine will not be used against a responsible dog owner who goes to a dog park that is frequented by an irresponsible dog owner who fails to follow the rules of the dog park. The law states that every person can assume that others will abide by the law. Therefore, one does not assume the risk that another user of a dog park will violate the rules of the park. For that reason, courts will not permit this doctrine to be used as a shield for unreasonable or unlawful conduct.
Similarly, the assumption of the risk doctrine will not be used to permit a dog owner to evade responsibility when he brings a dangerous dog into a dog park

Petition Marinwood CSD directors Izabela Perry, Justin Kai and Leah Kleinman-Green to revisit the ban on all "leash optional" areas in Marinwood for the first time in sixty years.

Tuesday, February 16, 2016

Victoria commonsense Leash Optional Park Rules.



http://www.vacs.ca/leash-optional-areas


Site Specific Regulations:

  • LIMIT ► Time of day / day of week / months / seasons > When off leash activity can occur
  • RESTRICT ► Off leash activity to a specific area within a park (usually not the whole park)
  • GIVE PRIORITY ► Sporting and community events will have priority over off leash activity
  • PROHIBIT ► Any activity (including off leash dogs) during field closures

General Regulations:

  • Dogs must be within the owner's control and vision at all times
    • if you cannot see your dog - you don't have control
    • if your dog doesn't respond within 3 calls - you don't have control
  • Dogs must be well-mannered
    • if your dog jumps on people - you don't have control
    • if your dog interferes with other park users - you don't have control
    • if your dog digs holes or damages property - you don't have control
    • if your dog attacks other dogs or chases wildlife - you don't have control
  • Dogs in heat are prohibited
  • Dangerous Dogs must be leashed & muzzled
Signs are usually posted where off leash opportunities exist.
Public school grounds are NOT Leash Optional Areas at anytime.
Please be respectful of people living next to any leash optional area, if your dog is a 'barker' please keep your dog well away from any residence and/or consider staying away from LOAs before 9 am.

Friday, February 12, 2016

Marinwood CSD meeting part one. Leash law 2/9/2016




Part one of the February 9, 2016 Marinwood CSD meeting discussing the ban of the last remaining "leash optional" section in Marinwood.

Justin Kai, Leah Kleinman-Green, Izabela Perry voted to ban off leash walking.  Bill Shea and Jeff Naylor opposed.  The crowd  was overwhelmingly in support of keeping the sixty year policy.

Puppies for Jeff Naylor!



Pandering to fears is wrong. Jeff Naylor, Marinwood CSD Director and long time residents knows that dogs have been allowed to be walked "leash optional" for all the years he has lived here. Jeff, like so many residents has compassion to those who have been hurt or even intimidated by dogs but understands that our community can easily accommodate all residents . Puppies for Jeff Naylor!

Bill Shea, Marinwood CSD Director Gets it.



Bill Shea, Marinwood CSD director supports the sixty year tradition of allowing the last "leash optional" portion of the park remain. Over 99% of the community is leash mandatory for people who don't want to be around off leash dogs.  Over 36,000 dog walks happen in this area with virtually ZERO incidents.  Isolated incidents and hyped fears should not be the basis for policy.

 Bill Shea gets it!

Thursday, February 11, 2016

Rely on the CSD Directors to ignore Dog Owners.



Justin Kai, Marinwood CSD director ignores a roomful of citizens who support keeping the area in Marinwood which has been "leash optional" for dogs for sixty years. He cites fears for safety and legal liability, yet cannot find any supporting statistics to support his claim. The area has an estimated 36,000 dog walks a year but almost ZERO incidents. This is how freedom dies.