Académique Documents
Professionnel Documents
Culture Documents
City of Newburyport
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Table of Contents
Executive Summary ....................................................................................................................................................3
Introduction .................................................................................................................................................................4
Purpose ......................................................................................................................................................................4
Overview..............................................................................................................................................................5
Section A: Needs and benefits to our community .................................................................................................5
Section B: Addressing potential questions, concerns and misconceptions - unleashing the truth! ......................9
Section C: What are other communities doing? ................................................................................................. 12
I. More densely populated communities .......................................................................................................... 12
II. Suburban communities ................................................................................................................................ 16
III. Rural communities ..................................................................................................................................... 17
Section D: Conclusion ....................................................................................................................................... 19
Recommendations ........................................................................................................................................ 21
(A) Table I. Designated Off Leash Areas & Times ............................................................................................ 21
(B) Table II. Areas to be maintained exclusively as on leash areas * ................................................................ 22
(C) RULES OF ETIQUETTE FOR DESIGNATED OFF LEASH AREAS DURING DESIGNATED OFF LEASH
TIMES .................................................................................................................................................................. 23
Appendices .................................................................................................................................................. 24
(A) Town of Brookline Green Dog Program brochure
(B) City of Cambridge Off Leash Dog Guide and Shared Use Pilot Program Information brochure
(C) City of Cambridge Off Leash Areas Map
(D) US Department of the Interior National Park Service letter
(E) Commonwealth of MA Executive Office of Environmental Affairs letter
(F) Town of Lexington Conservation Areas/Off Leash Areas & Rules
(G) Town of Lexington Conservation Areas/Off Leash Areas Map
(H) City of Portsmouth Off Leash Areas Map
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Executive Summary
The goal of this proposal is to balance the needs of the estimated 40 percent of the City of Newburyport’s
residents who own a dog with the needs of those residents who do not own a dog. This proposal provides legal
opportunities for dog owners to allow their dogs to be off leash, but only in designated areas, at specified times,
and subject to applicable rules. This proposal presents an efficient and equitable resolution to the sometimes
competing needs for the use of the City’s limited parks and similar public spaces on the part of Newburyport’s
taxpaying, voting residents.
The goal of this proposal is not to establish a dog park, an inequitable strategy, which would promote exclusion
and intolerance by isolating and limiting a certain group of residents to a single location for their recreational
needs. Additionally, unlike a single dog park, the designated off leash areas under this proposal are distributed
geographically throughout our City, thereby avoiding parking problems, congestion and other impacts that would
result from a dog park approach. Instead, this proposal is intended to accommodate fairly as well as reasonably
the needs of all residents who wish to use the City’s parks and similar spaces. Moreover, this proposal excludes
the vast majority of the City’s public spaces from being designated off leash areas. Numerous categories of areas
including, for example, school grounds, athletic fields, playgrounds, tennis and basketball courts and official “open
space” all are excluded from being off leash areas. Likewise, the boardwalk and rail trail, which frequently are
used for dog walking, are to remain as on leash areas.
The strategy presented in this proposal, which, again, provides that dog owners may allow their dogs to be off
leash only in designated areas during certain times and subject to specified rules, is neither innovative nor unique
– it is based, in large part, on successful programs already in place in several other communities, namely
Brookline and Cambridge, MA, Portsmouth, NH and Portland, ME, to list a few.
This proposal includes, among other things:
A discussion of the needs and benefits of this designated off leash proposal
A section addressing potential concerns
Examples of off leash programs from numerous communities, with associated supporting information in
appendices
A Table of Designated Off leash Areas and Times and accompanying Rules of Etiquette
This proposal was developed in the spirit of finding a compromise that responds to the legitimate interests of all
residents. It not only reflects successful off leash programs in effect elsewhere, but also the reported experiences
of local officials involved in oversight of those programs. Additionally, this proposal is premised on the following:
Designated off leash areas result in improved dog behavior, which benefits the community as a whole:
Dogs allowed to exercise off leash make better neighbors than do under exercised dogs. Dogs that
receive adequate exercise, through vigorous play or opportunities to run, are less likely to create a
nuisance, bark excessively, destroy property, or exhibit aggressive or other antisocial behavior.
Designated off leash areas foster community involvement: In an era when people often are reluctant or
even afraid to approach or converse with a stranger, designated off leash areas bring people together,
which creates a greater sense of community and promotes community involvement. In fact, the authors of
this very proposal met one another while recreating with their dogs at Cashman Park. They volunteered
significant time to develop a solution to an important issue the City currently is facing.
Designated off leash areas promote compliance: Unduly restrictive access policies not only are
inequitable, but also are counterproductive. Unreasonably harsh and overly punitive leash laws can
operate to promote conflict. When an approach to restrictions is fair and reasonable, people are more apt
to comply. Off leash spaces reportedly reduce the resources law enforcement and animal control officials
must spend on enforcing leash laws, allowing them to devote their time to other areas. Having
designated, legal off leash opportunities reduces the likelihood that dogs will be allowed off leash in other
recreational places or at times when off leash access is not allowed.
The City of Newburyport should be committed to making some public lands available for all residents to use
enjoyably. As a community, we need to respect and accommodate each other and to share equitably the public
spaces that we all seek to enjoy.
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Introduction
This is a proposal for designated dog off leash areas, during specified hours, within the City of Newburyport. This
is not a proposal to establish a dog park, which not only would isolate dog owners from the rest of the community
and perhaps even promote animosity among residents, but would continue to unduly restrict dog owners’ use and
enjoyment of our parks and other open spaces. Moreover, a dog park would concentrate off leash use within a
single area and neighborhood, likely resulting in parking issues and other impacts. Instead, this approach affords
dog owners geographically dispersed places to exercise their dogs off leash, safely and legally, encourages good
dog behavior through socialization, and provides places for dog owners to work on community building,
networking, and socializing. Further, this approach provides seniors and physically challenged dog owners easily
accessible areas to exercise their dog companions. As is described in detail below, dog off leash programs have
been adopted by numerous cities and towns throughout Massachusetts as well as in many other states.
Citizens for Off-Leash Areas in Seattle simply call their off leash areas OLAs. In Berkeley, the term “multi-use
area” refers to the multiple legitimate uses, including off leash dogs, which are allowable in sections of parks. And,
in Indianapolis, their recently inaugurated area is called a Canine Companion Zone.
As they walk their dogs day and night, dog owners have long been the eyes and ears of our neighborhoods.
Providing appropriate places for dog owners to gather legally, with their off leash dogs, would only strengthen this
valuable asset to our community as well as otherwise benefit our community as a whole.
Purpose
The purpose of this proposal is to make equitable provisions to meet the needs and demands for off leash
recreation by responsible dog owners in Newburyport. Currently, City ordinances unreasonably prohibit dog
owners from exercising and socializing their dogs off leash in public spaces. Fines of $75.00 may be imposed
against dog owners for violation of leash ordinances. Further, following three off leash violations, even a well
behaved dog ultimately may be taken from its owner. Recently, dog owners have been frustrated and even
outraged at the intensity at which animal control officers have issued tickets for seemingly benign off leash
occurrences. This, in turn, has resulted in numerous complaints to city officials as well as an attitude of
intolerance and exclusion toward dog owners. To avoid continued and escalating conflict and, more importantly,
promote a community where dog owners, subject to reasonable restrictions, are allowed to exercise and legally
socialize their dogs off leash, municipal ordinance revisions are warranted. Accordingly, to ensure legal off leash
dog recreation in a variety of, but certainly not all, public parks, at reasonable times and in designated areas, is
the core purpose of this proposal.
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Overview
Proposed are specific off leash hours in designated areas of certain parks (presented in Table I, in the
Recommendations section of this Proposal, below) along with accompanying Rules of Etiquette, which address
owner responsibility as well as dog behavior (see Rules of Etiquette, also in the Recommendations section of this
Proposal, below). This overall approach presents an equitable compromise for use of certain parks between
taxpaying residents of Newburyport, those who wish to recreate with off leash dogs and those who do not.
Numerous other communities in Massachusetts and across the nation not only have recognized the needs of their
taxpaying, dog owning residents, but have addressed such needs by modernizing their leash laws. It is long
overdue for Newburyport to do the same!
To support this initiative and facilitate timely decision making, support and evidence are provided in sections A
through D as follows:
(C) Examples of communities that already have implemented dog off leash programs
(D) Conclusion
Designated off leash areas distributed throughout our City improve dog behavior, which benefits
everyone
The link between off leash recreation and promoting acceptable behavior on the part of dogs is well established. It
has long been recognized that dogs must be properly socialized as well as exercised to be good "canine citizens"
(see, e.g., Canine Behavior, 1965). Dogs need appropriate exercise to reduce boredom and pent up energy.
Access to an off leash space close to home is the safest and most effective way to ensure that owners exercise
and socialize their dogs and provide them with ongoing experiences in the outside world. This not only benefits
dogs and their owners, but also neighbors, other park and street users, and authorities responsible for urban
animal management, all of whom can be affected by unacceptable behavior on the part of unsocialized and
under exercised dogs. The behavioral benefits of well exercised and well socialized dogs are accepted by dog
owners, animal behaviorists and dog trainers alike.
1
American Society for the Prevention of Cruelty to Animals (ASPCA) is a nonprofit organization dedicated to
preventing cruelty towards animals. See ASPCA website: www.aspca.org/
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With respect to the benefits of off leash places, veterinarian Julie Damron, for example, has explained that off
leash exercise “is very important, as a dog that is frequently active is less likely to be destructive or develop other
behavioral problems. Such issues are the primary reason many pets are relinquished and later euthanized. Dog
parks [or other off leash spaces] provide good opportunities for dogs to socialize with animals and people. This
can reduce fear and aggression, both common behavioral difficulties. A visit is a great opportunity for people to
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socialize as well.” The benefits of off leash exercise also have been endorsed and described by the ASPCA, as
discussed above, as well as other humane societies – for example, the P.E.I. Humane Society, which has stated
that it is “committed to providing dogs and their owners the space they need to exercise, train and play. …Studies
have shown that dogs that exercise and are allowed to run freely are not as aggressive towards people as dogs
that are under-exercised. Allowing dogs to have an off-leash area socializes dogs. It brings them in contact with
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other dogs and causes them to be less aggressive in each future encounter with dogs.” Further, “Play and
exercise are not only important for the dog’s physical needs, but these physical outlets also help to cement the
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human-dog bond.” (Animal Planet, 2006).
Designated off leash areas distributed throughout our City promote community involvement
The positive effect on our taxpaying, voting dog owners, which includes increased community involvement, is yet
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another reason for providing off leash spaces. Owners recreating with their dogs in the outdoors encourages
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people to exercise, promoting physical and mental well being. Also importantly, taking a dog to a community park
has been found to stimulate social interaction (Journal of Nutrition and the Elderly, 1996). The community building
that takes place in off leash areas results in more cohesive neighborhoods, increased involvement in community
affairs, and a heightened sense of connectedness and community for all users of all ages. Meeting with neighbors
and other residents to exercise and socialize dogs is an activity rightfully to be enjoyed by Newburyport’s dog
owners.
Designated off leash areas distributed throughout our City should result in increased compliance
with dog ordinances, thereby necessitating less municipal oversight
Making reasonable accommodations for dog owners by providing off leash opportunities is likely to result in higher
levels of compliance with relevant ordinances. If dog owners perceive laws to be fair and reasonable, it is more
likely to elicit a compliant response. On the other hand, generally when laws are perceived to be unfair, people
are more apt to not comply. Increased compliance reduces the need for oversight and enforcement, freeing
limited municipal staff and resources to be used more productively elsewhere.
Designated off leash areas distributed throughout our City constitute a green initiative by
necessitating less driving, resulting in increased public health and environmental protection as
less driving reduces greenhouse gas emissions. This "green" approach advances our City’s
Goals and Objectives for FY2011, see our Mayor’s Mission Statement: "Goal 3: Continue moving
forward with "Green" initiatives"
According to the United States Department of Energy (DOE) and United States Environmental Protection Agency
(EPA), scientific evidence strongly suggests that the buildup of greenhouse gases in the atmosphere is raising the
earth's temperature and changing the earth's climate, both of which have many potentially serious adverse
consequences. Transportation, specifically the combustion of fossil fuels in our vehicles, is the single largest
source of human made greenhouse gases. The more fuel a vehicle burns, the more greenhouse gases it emits. It
can be surprising to know that most vehicles produce several times their weight in greenhouse gases each year.
And, most of the fuel put into a gas tank becomes greenhouse gas emissions. Burning fossil fuels, such as
2
Julie Damron is a veterinarian at Sierra Veterinary Clinic in Stockton, CA. The above information was taken
from her article Pet Care, June 14, 2008, see www.recordnet.com.
3
See P.E.I. Humane Society website: www.peihumanesociety.com
4
Animal Planet.Dog Guide. Retrieved, September 17, 2006, from
http://www.animal.discovery.com/guides/dogs/dogcare/exerciseintro.html.
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See www.dogchannel.com.
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See www.peihumanesociety.com
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gasoline, raises the level of carbon dioxide in the atmosphere, carbon dioxide is a major contributor to the
greenhouse gas effect and global warming. Transportation accounts for more than 30 percent of U.S. carbon
dioxide emissions.
DOE and EPA state: people can help reduce their demand for fossil fuels, and, in turn, reduce global warming, by
using less energy and using it more wisely. One of the 10 simple actions people can take to help reduce
global warming is: Drive Less and Drive Smart. If people want to help reduce global warming, let alone air
pollution, one of the best things they can do is to get out of their car. Even for relatively short distances, walking,
rather than driving, can significantly reduce the amount of pollution and greenhouse gas emissions a
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person generates each day.
Additionally, according to the Environmental Defense Fund, American cars and light trucks use over eight million
barrels of oil a day. An average car emits 35 pounds of carbon dioxide every day. Cutting a 20 mile trip out of
your schedule each week can reduce your global warming pollution by more than 1,200 pounds a year.
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No matter how smart one drives, leaving the car parked always saves more gas and prevents pollution.
This proposal institutes designated off leash areas dispersed throughout our community, generally each within
walking distance of one or more neighborhoods, as opposed to establishing one isolated dog park, to which many
people would find it necessary to drive. Accordingly, this proposal promotes reduced driving, which reduces
greenhouse gas emissions and air pollution, increasing public health and environmental protection for us all. This
proposal clearly advances our City’s commitment to green initiatives.
Implementing designated off leash areas within our City is consistent with as well
as demonstrates our City's commitment to its stated goal to promote and support a sense of
welcome and inclusion for all residents
Last, but not least, it is the City of Newburyport’s Commission for Diversity and Tolerance’s stated mission to:
promote and support a sense of welcome, inclusion and worth for all and the elimination of prejudice,
intolerance, discrimination, and acts of hate in our community. Our City created and appointed its
Commission for Diversity and Tolerance to support these goals. That Commission is committed to creating a
caring community that welcomes and respects differences, it works to promote and support a sense of welcome
and inclusion for all residents. To meaningfully address the needs of the numerous and responsible dog owners
within our City, by affording them off leash opportunities for their dogs, not only would demonstrate a commitment
to these admirable goals, but would foster their achievement. The current hostile climate toward dog owners and
the concomitant encouragement and promotion of negative publicity about dogs in the local press serve only to
undermine the City’s core values of inclusion and tolerance.
Identifying leash free spaces in certain parks and similar spaces in Newburyport, for responsible dog owners,
should be based on the needs and benefits, delineated above. Further, designating leash free spaces should be
premised on the following:
Dog owners are as legitimate as any other users of our parks and public spaces, their needs should be
included as an integral part of the City’s decision making process.
Integrating off leash recreation with other park uses allows for a more efficient and equitable distribution
of resources; whereas separation and isolation, as would be the case with a single dog park, along with
unnecessary, unduly harsh restrictions elsewhere, tend to create conflict as well as breed animosity.
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See U.S. Department of Energy and the U.S. Environmental Protection Agency’s jointly developed website
www.fueleconomy.gov/feg/best/GHGemissions.shtml.
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For additional information from the Environmental Defense Fund on the issue of global warming, visit
http://www.fightglobalwarming.com.
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Dogs allowed to exercise off leash – running with other dogs, catching a ball, or working at obedience
training – are happier, healthier and more well behaved dogs.
Adequately exercised dogs make better neighbors than do under exercised dogs. Dogs who exercise
through vigorous play are less likely to create a nuisance, bark excessively, destroy property, or
otherwise exhibit antisocial behavior.
In an era when people often are reluctant or even afraid to approach or converse with a stranger, off
leash exercise areas bring people together and create a greater sense of community.
Unduly restrictive and unreasonable access policies not only are inequitable, but likely are
counterproductive in managing conflicts between law enforcement and the large number of residents who
own dogs. Further, overly restrictive leash laws generally seem to result in noncompliance. If the basis for
and approach to restrictions is reasonable, people will be more apt to comply. Providing legal leash free
spaces results in increased compliance in other areas and frees up enforcement/oversight resources.
Access to a public park or beach close to home is the safest and most effective way to ensure that
owners socialize their dogs and provide them with ongoing experiences in the outside world.
In summary, there are numerous benefits to establishing designated dog off leash areas within Newburyport.
As demonstrated above, these benefits apply not only to dogs and their owners, but to the community at large.
Based on the sheer number of dog owners, their prevalence as users of park space, their need and demand to
have reasonable off leash provisions, as well as their individual contributions as residents of our community,
municipal officials must respond in a meaningful as well as a timely manner.
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Section B: Addressing potential questions, concerns and misconceptions - unleashing the truth!
Off leash areas have been implemented successfully throughout the United States for over a decade. Often,
some people oppose these areas due to common myths and misconceptions. In reality, as explained above, off
leash areas provide great benefits not only to dogs and their owners, but also to a community at large. A review of
several communities with off leash programs reveals the following:
Will dogs be a danger to people using a park?
Dog aggression is an issue most susceptible to misinformation and misunderstanding. Though dog aggression
can occur toward humans, other dogs, and other animals, the overwhelming majority of dogs simply do not bite
people or other dogs (Domestic Dog, 1995; Canine Behavior, 1965). In fact, according to the Journal of the
American Medical Association (January 22, 1997), the vast majority of dog bites occur in the dog owner’s home or
immediate vicinity, i.e. in a dog’s own territory, usually by an inadequately supervised protective or injured dog,.
Most cases of dog aggression do not occur in public parks or similar open spaces. The territorial triggers simply
are not present when a dog is in the neutral territory of a public park.
Without under rating the seriousness of dog aggression in either the private home or public space, this issue must
be kept in perspective. Although concerns about dog aggression can be legitimate, the extent to which the mass
media amplify rare cases needs to be taken into account. Otherwise, failure to do so results in simplistic as well
as overly restrictive management mechanisms, which neither protect against genuine risk nor meet the needs of
responsible dog owners.
Moreover, under this proposal, dogs with a history of dangerous or aggressive behavior (e.g. history of dog fights
or reported aggression toward people) specifically are prohibited from designated off leash areas during
designated off leash times. (See Rules of Etiquette in the Recommendations section of this Proposal, below.)
A survey of the following communities with dog off leash areas - Cambridge, Brookline, Wellesley, Somerville, and
Portsmouth, NH - revealed that incidences of dog bites in those communities did not increase following
establishment of off leash programs. Regarding this issue, for example, the Cambridge animal control officer
(ACO) indicated that since the Cambridge off leash program’s inception, there have been no reports of dogs
biting, or attacking, humans. Relative to the off leash program, the Cambridge ACO also stated: “We love it! We
think it works! We don’t like giving out tickets for off leash, instead it encourages dog owners to get their dogs
licensed by the city, and updated rabies vaccinations are safer for everyone.” The Cambridge ACO added, “We
like knowing who the dogs are.”
In Wellesley, where dogs generally are permitted to be off leash on all public lands at all times (with some
exceptions such as school property), there are approximately 3,000 dogs. According to the Wellesley ACO, there
have been no instances of aggression or other problems resulting from the Town’s off leash experience. With
regard to allowing dogs off leash, in the Wellesley ACO’s view, “It is healthy for the animals and their owners.
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Dogs need places to run.” The Wellesley ACO’s credentials are most impressive. The communities of
Somerville and Brookline likewise reported that they experienced no increase in dog aggression following
implementation of their off leash programs.
Will incidences of dog feces not being picked up increase?
It must be recognized that dogs defecate whether or not they are on a leash. The authors of is proposal support
efforts to better educate dog owners to promptly pick up after their dogs and we would continue in these efforts.
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The Wellesley ACO is involved with the following organizations: National Veterinary Response Team, MA
Zoonotic Advisory Committee, State of MA Animal Response Team, LINK UP Education/Noah’s Ark, Stray Pets in
Need of MA, Inc. and Search Dogs Northeast. Parenthetically, the Town of Wellesley sends out rabies
vaccination reminders to residents. Such information has been absent from Newburyport’s Department of Health’s
mailing to residents. It is recommended that in the future, such mailings include information on rabies
vaccinations, dog license renewal, and the requirement for and importance of picking up after one’s dog.
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We already have offered to work with City officials in this regard. The City; however, has not responded to our
offer. Further, the authors of this proposal support increased fines for violators. Moreover, a strict "pick up"
ordinance will continue to be in effect at all off leash locations, just as it applies throughout the rest of the
community. Additional and strategically placed signs informing the public of the applicable requirement and
ordinance are needed. Adequate signage, particularly in our parks and similar areas, appears to be seriously
lacking in our community.
Abandoned dog feces fosters the notion that dog owners, in general, are rude and irresponsible, and that dogs
are a nuisance. Indeed, a dog owner who lets their dog defecate in a public space (or in somebody's yard) and
then does not clean up afterward cannot be defended. It is acknowledged that off leash recreation can be a
controversial issue for local governments and that an antidog sentiment can persist in the political process or in a
community. It is also realized; however, that in some cases, the issue unfortunately can be overblown - perhaps
to serve political goals or to promote an opposing agenda.
The experience of other cities actually has shown that once there are legal off leash areas, there is stronger peer
pressure to pick up dog droppings and trash and these areas tend to be far cleaner than other public areas of a
city. Relative to this issue, the Rules of Etiquette of this Proposal specifically state:
Every dog owner’s actions will set an example, good or bad, for others who use designated off leash
areas. Carry extra bags to offer potential offenders. It will be all of our jobs to help keep our designated
off leash areas clean.
Be part of the solution, not part of the problem! (See Rules of Etiquette, below.)
Will off leash dogs interfere with those using parks for other recreational activities?
This proposal specifically excludes playgrounds, tennis courts and basketball courts from being off leash areas.
Likewise, this proposal excludes the City’s soccer fields and other athletic fields from being off leash. Fuller Field
on Low Street and the Pioneer League Fields on Merrimac Street, for example, are not proposed as designated
off leash areas. Beyond this, conflicting use of recreational areas has not been a significant problem in the past,
nor should it prove to be in the future – responsible dog owners are vigilant about potential conflicts and use
common sense and consideration in this regard. Importantly, under this proposal, most of the designated off leash
areas are subject to time restrictions, which limit off leash times to early morning and evening hours. In these
areas, therefore, during most of the time each day, dogs will be required to be on leash. Examples of such areas
include Cashman Park and the Mall.
Will off leash dogs pose a threat to park wildlife?
Human use, park maintenance staff and their machinery, and development of open park space are likely to have
as much as, if not more of, an impact on park wildlife as dogs. Studies such as Public Open Space and Dogs: A
Design and Management Guide For Open Space Professionals and Local Government, (online at
http://www.petnet.com.au/openspace/frontis.html) make clear the possibilities for integrating off leash areas with
wildlife management. Further, the Rules of Etiquette, which are a critical element of this proposal, require owners
immediately to remove dogs who are exhibiting aggressive behavior toward wildlife.
Will off leash areas pose a safety risk to dogs?
This proposal provides off leash privileges to dogs only while dogs are with and being monitored by their owners
(or other person). No place is risk free. In general, there are no perfect solutions to prevent accidents from
occurring in public places or elsewhere. By this proposal’s Rules of Etiquette, risks to dogs from other dogs are
minimized by requiring intact male dogs to be closely supervised, by prohibiting dogs with a known history of
aggressive behavior from being off leash, and by requiring the immediate removal of dogs exhibiting aggressive
behavior. And, as noted above, off leash dogs are required to be monitored closely. Plus, animal behaviorists
have known for years that dogs are less likely to be aggressive with each other when off leash than when they are
on leash.
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Will the City of Newburyport be liable for negative incidents at off leash areas?
Again, no public (or private) space can be risk free. And, recreational activities, in particular, can involve varying
degrees of additional risk. When our young children use our city playgrounds, and older children and adults use
our city tennis courts, basketball courts or athletic fields, there is some degree of risk involved. Should children
engage in rough or even aggressive behavior in a park, there would be further risk. Our bike lanes and new rail
trail pose their own unique sets of risks. Not to mention our sidewalks! Our residents regularly and frequently use
all of these resources, including those residents who regularly use our parks and other public property to recreate
their dogs. Liability, of course, can be raised as a potential issue for each one of these uses, and in all of these
places. With respect to use of public parks as off leash areas, our research has not revealed any unique issues
of liability. Accordingly, it would be inequitable at best to have such a perceived concern be used to thwart or
interfere with this inherently reasonable and well supported proposal.
Will the City of Newburyport need to increase the animal control officers’ hours?
Although one could speculate that a community implementing a dog off leash strategy might need to increase
animal control officer hours and oversight, the facts establish just the opposite. According to the communities of
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Somerville, Cambridge, Brookline and Portsmouth, NH, for instance, this simply has not been their experience.
Specifically, with respect to this issue, Somerville’s animal control officer (ACO) explained that the city has not
added more animal control hours due to its off leash recreation areas. The ACO explained that while the city has
added a part time ACO in the past year, it did so simply because there was a need for more and not due to off
leash areas. Similarly, according to an employee of the Cambridge Community Development Office, no additional
ACO hours have been needed since adoption of Cambridge’s off leash areas. Further, the employee indicated
that the program is going as expected, with people mostly using only the off leash areas with their off leash dogs.
The employee added that he does not anticipate that increased ACO hours will be needed. Additionally, the
Cambridge Director of Animal Control was extremely positive about the benefit of that city’s off leash program.
He said the City’s off leash areas include a paved walkway, which people use to get to work. If there were to be
complaints, he expected them to be regarding that walkway, but he has received no such complaints. Further, he
stated that he has not had an increase in work, and in fact feels that his job is much easier. He indicated that he
would be very happy to talk to anyone about this.
Likewise, Brookline has not experienced any need to increase ACO hours since the adoption of its Green Dog
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Program, which includes 14 off leash areas. A Brookline Park Department employee stated that the town has
one full time ACO and that is all the town has ever had. When asked if he felt there was more of a need now to
have more animal control than before adoption of the Green Dog Program, he replied that there was not. He
also indicated that Brookline has a couple of park rangers who also oversee certain park areas. Overall, the
Brookline Park Department employee spoke very favorably of the off leash program.
Finally, the City of Portsmouth, NH has one ACO, who works part time, Mondays through Fridays, from 9:00 a.m.
to 3:30 p.m. She reported that her hours have not changed as a result of a change in the City’s ordinance to
allow off leash dog recreation. She explained that until a couple of years ago, there was no leash law in
Portsmouth. Now, although the animal control ordinance includes a leash law, it also provides for several off
leash areas as well as a dog park. While Portsmouth’s ACO stated that she thinks her job should be full time,
she also stated that she does not feel that there has been an increase in her workload due to the off leash areas
and dog park. Based on the experiences of these communities, a designated off leash program in Newburyport
should not be anticipated to necessitate any increase in animal control officer hours.
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Information on the off leash programs of Somerville, Cambridge, Brookline and Portsmouth, NH appears in this
proposal, Section C: What are other communities doing?
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Brookline’s program is described in this proposal, Section C: What are other communities doing? See also
Appendix A, for a copy of Brookline’s Green Dog Program brochure.
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Numerous cities and towns throughout the Commonwealth, as well as in several other states, have implemented dog off leash
programs. Below are several examples. As these cases indicate, while some Massachusetts communities’ programs are at
their incipiency, others are quite established as well as comprehensive. In general, the approaches taken tend to fall into
three categories, which, in turn, seem to reflect a community’s population density and prevalence of green space. Whereas
many rural towns take a widespread off leash approach, some more populated communities have designated both off leash
areas as well as have dedicated dog parks. And, some suburban communities, with an abundance of conservation land, have
adopted off leash by laws applicable to that land.
The off leash programs in the following communities, in large part, serve as the basis for this designated dog off leash
proposal for the City of Newburyport. And the Rules of Etiquette in this proposal have been adapted from the rules in place in
these communities.
Town of Brookline in Norfolk County, borders the cities of Boston and Newton. As of the 2000 census, Brookline’s
population was 57,107, which comprised 25,594 households and 12,233 families. The population density was 8,409.7
people per square mile.
Of the off leash programs reviewed, Brookline’s is the most comprehensive. Brookline’s program officially is titled the
Brookline “Green Dog Program.” Brookline has 14(!) designated off leash areas, geographically distributed throughout
the Town, with specified off leash hours. Brookline’s Green Dog Brochure details the locations and times, which, in some
cases are dawn to dusk, where off leash dogs are allowed. A copy of Brookline’s Green Dog Program brochure appears
as Appendix A. The program rules and regulations also appear in the brochure.
As stated in Brookline’s Green Dog Program brochure: “The Green Dog Program is an innovative approach to
meeting our dogs’ and dog owners’ desire to have time off leash, while sharing the spaces with other park users
in our urban community. Brookline has 14 off-leash areas across the Town, with specific off-leash hours…. Dog
owners are allowed to play with their dogs off-leash, during these designated times, following the program rules
and regulations. ….The Park and Recreation Commission ….created the Green Dog Program in response to
requests from residents who expressed a desire for dog owners to not only enjoy, but also serve as better
stewards of our parks…. The Commission developed the program with input from a Green Dog Advisory
Committee and many The Green Dog Program benefits everyone! Dogs get needed exercise and socialization
often leading to better behavior, owners get to socialize with fellow dog owners and park visitors, and other park
users still have time to play and relax in the parks. The outcome is a happier community. We have thousands of
park users, and sharing our parks helps us maximize the use and enjoyment we all receive from our open
spaces. With good stewardship and courtesy, you can play a role in keeping our parks clean, safe and well-
maintained – places where you and your dog are always welcome.”
City of Cambridge is less than a mile from Boston, it has a population of 101,355 (year 2000) and a land area of 6.26
square miles.
In Cambridge, there has been ongoing increased public interest in legal opportunities for dogs to be off leash in additional
parks and public open spaces. As a result, the City, through its Community Development Department, Department of
Public Works, City Manager’s Office, Historical Commission, Department of Human Services Programs, and Animal
Commission, has been working with City Council members and a group of residents on creating further off leash
opportunities. There are two approaches being implemented in Cambridge: dedicated off leash areas and shared use off
leash areas.
Dedicated Off Leash Areas (referred to as Dog Runs)
Dedicated off leash spaces are specific areas where the primary use is to allow dog owners to have their dogs off leash.
These areas generally are fenced in to avoid potential conflicts with other users or passersby and facilitate the
containment of dogs. Dedicated off leash areas may be a park or part of a park or other public open space. Cambridge
has two such areas – Pacific Street Park and Danehy Park.
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Shared Use Off Leash Areas
Shared use off leash areas are places where dogs are allowed off leash, but these areas are not necessarily separated
from other uses and activities. Fresh Pond Reservation (West Cambridge) and Fort Washington Park (Cambridgeport) are
two examples of shared use areas in Cambridge. In addition to the above four areas, the City has created a pilot program
establishing additional shared use locations for off leash dogs during certain times, namely, Gold Star Mothers Park/Gore
Street Park and Corcoran Field.
Cambridge has stated it recognizes that “Similar shared use programs have been undertaken in other cities where
open space is very limited as a reasonable way to accommodate dog owners who desire regular periods of time
for legal off leash activity.” The initial areas Cambridge considered for additional shared off leash uses were public
open spaces that are not a part of school grounds, children’s playgrounds, or heavily used athletic facilities, and by virtue
of their layout, would not necessarily require additional fencing or significant physical changes to park grounds.
Cambridge also states that it took “effort to distribute the potential spaces geographically throughout the City.”
(Emphases added.)
1. Fresh Pond Reservation: Shared off leash use for Cambridge residents' dogs. Dog swimming allowed at Little
Fresh Pond and Black's Nook. Mutt mitts dispensers and refuse containers well situated throughout the
reservation. No dogs romping on mowed grassy areas regulation is enforced, as is dog licensing requirement
and parking regulation (Cambridge resident sticker required).
2. Fort Washington: Shared off leash use. Mutt mitts dispenser, trash barrels outside the park,on street parking.
3. Danehy Park Dog Run: Danehy Park is a 55-acre facility. There is a fully fenced dog run within the facility.
4. Pacific Street Park: Another fully fenced dog run, with vestibule gates for safe entry and exit. Plenty of on street
parking, mutt mitts dispenser and trash can.
5. Gold Star Mothers Park/Gore Street Park: Shared use during specified hours.
6. Corcoran Field: Shared use during specified hours.
See Appendices B and C, respectively, for the City of Cambridge Off Leash Dog Guide and Shared Use Pilot Program
Information brochure and City of Cambridge Off leash Areas Map, which describe and depict Cambridge’s off leash
program and areas.
City of Somerville is located in Middlesex County, just two miles north of Boston, occupying slightly over four square
miles, with a population of 77,478 (2000 census). The following information on the Somerville off leash experience was
taken from Somerville Parks and Recreation Director Arn Franzen’s presentation of the Somerville experience to the
Town of Arlington’s Dog Task Force (see Town of Arlington’s Dog Task Force Meeting Minutes, 03/11/2010).
Nunziato Park: The Nunziato experience arose as a response by the Mayor’s office to overwhelming community demand.
This 10,000 sq ft site began as a former school site, since demolished. The site was a huge success, perhaps too much of
a success, as it was then the only dog park in Somerville. It received excessive use from a geographically dispersed user
population, and parking (which in that area is onstreet) became an issue. Arn’s assessment of Nunziato was that, while it
was a success, it would have benefitted greatly from more attention to design, as Somerville is now doing with its pending
rd
3 dog park. He also stressed several times that the community of dog owners has been very effective at self-
policing, with the animal control officer available when needed. (Emphasis added.) The great need demonstrated by the
use of Nunziato convinced the City that additional off leash recreational facilities were needed. In Somerville, there is a
Dog Owners Task Force that participates with city officials in planning off leash recreational facilities. The Task Force
brings recommendations to the appropriate Aldermen, the Mayor and then there is a public meeting.
South Street Park: Somerville’s second dog park is only 2500 sq ft in size, a peastone and rice stone surface was used,
which is what was used in Peter’s Park in Boston, but Arn wouldn’t use that again because it had no advantage over
stone dust, with drainage added, and owners felt the dogs didn’t like running on it. This facility is located in Ed Leathers
Community Park.
New Washington Street: Somerville just this spring (2010) celebrated the groundbreaking of its third off leash recreational
facility, which will be 20,000 sq. ft. in size in East Somerville. This is a new construction park and in addition to a dog park,
it will include a community area. This park, including the large off leash facility, will benefit from full attention to design,
and will cost an estimated $600k (includes design), all City funded. Cost arises from the use of an environmental audit,
paving and ADA compliance from a former industrial site, and full attention to design. The off leash recreation area will
include a cupola for shade, an obstacle course of dog agility equipment, benches, plantings around the entire perimeter,
lighting, water, irrigation and drainage. Essentially, this will be a state of the art facility. The park is in a block-grant eligible
area, funding is coming from that source.
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In sum, the success of Nunziato, Somerville’s first off leash area, led the City to follow it with other off leash areas, as
described above.
City of Newton is located in Middlesex County, about seven miles from downtown Boston. The most recent population
figure was approximately 80,000. Newton has a land area of 17.90 square miles. Newton recently has adopted and
implemented a Dog Off Leash Pilot Program, pursuant to which dogs may be allowed off leash in designated areas.
Under the program and in 2009, the City designated its first off leash space in Cold Springs Park. The City currently has
several other proposed locations under consideration as designated off leash places.
Following are excerpts from the Newton Mayor’s March 18, 2009 press release announcing the new dog off leash area in
Cold Springs Park.
“Mayor Cohen is pleased to issue the following statement on today's opening of Cold Springs Park as the City's first off-
leash dog park. ‘I am delighted portions of Cold Springs Park are now open to dog owners as an off-leash
park. I am grateful to the efforts of the Board of Aldermen and the Dogs Off- Leash Advisory Committee for seeing this
project through…The goal of this trial is to better balance the needs of dog owners and non dog-owners, and to
facilitate multiple uses for our public lands…The success of the trial depends in large part to users' adherence to the
requirements that are posted on site.’" (Emphasis added.)
“These requirements are specified in the ordinance and by the Parks and Recreation Commission and include:
Using only the designated area for off-leash play. This includes keeping dogs on leash going to and returning
from the off-leash area.
Picking up after your dog – always.
Making sure your dog is well-behaved and under your control
and supervision at all times.”
While the inclusion of a designated off leash area in Cold Springs Park initially generated some resident concern, both the
United States Department of the Interior National Park Service (NPS) as well as the Commonwealth of Massachusetts
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Executive Office of Environmental Affairs ( EOEA) weighed in to support the park’s use as designated off leash space.
By letter dated October 15, 2009, Michael D. Wilson, Chief, State and Local Assistance Programs, NPS, United States
Department of the Interior, concluded “dog parks are a use for which there is a growing demand at public outdoor
recreation facilities and can, in and of themselves, be construed as a form of recreation for dog owners.”
(Emphasis added.) By letter of October 26, 2009, EOEA likewise supported the use of the park for off leash recreation.
And, after a site visit, EOEA stated that it found no dog waste had been left on the park’s trails and the many dogs on
those trails all were on leash, as required. Copies of these letters appear as Appendices D and E, respectively.
Pursuant to its Dogs Off-Leash Pilot Program, Newton (as of June, 2010) had three additional parks under review for off
leash designation (Norumbega, Claflin, and McGrath Park), which are distributed geographically throughout the City.
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The resident claimed that the Cold Spring Park off leash area violated the Land and Water Conservation Fund (LWCF) Act
and approval of the US Secretary of the Interior was required to change the use of the park to something “other than public
outdoor recreation uses”. In response, the National Parks Service determined the off leash area to be consistent with the
park’s use for public outdoor recreation. Given the state’s role in management of LCWF-funded parks, the NPS asked the
state to weigh in. The state found "the city is not in violation of its agreement with the National Park Service."
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(4) The dog shall wear a collar with identification at all times, be licensed and vaccinated, healthy and parasite free.
Dogs must be at least four months old to be allowed off-leash.
(5) The number of dogs per person in a designated off-leash area is limited to three. The person in charge of a dog
or dogs must at all times carry a leash for each dog under that person’s supervision.
(6) The dog owner and/or person in charge of a dog are responsible to ensure that the dog’s activity conforms to all
rules and regulations pertaining to the off-leash area, as well as for any injury or damage to public property
caused by the dog.
(7) No person shall bring a female dog in heat into any designated off-leash area.
(8) Any dog which is the subject of a complaint, investigation, order or proceeding under Section 3-25 or Section 3-
27 of this ordinance, and/or under General Laws Chapter 140, section 157 shall be banned from designated off-
leash areas.
(b) Sites for Designated Off-Leash Areas.
(1) A municipal agency with care, custody and control of public land, may from time to time designate one or more
specific areas on such land to be designated off-leash areas. Such custodial agency may from time to time
establish rules and regulations for use of each such area, which shall be posted at the site. With respect to this
section, such agency shall have sole authority over land subject to its care custody and control, may limit the
number of designated areas, and may revoke a designation at any time. Notwithstanding anything to the contrary
contained herein or hereafter, the following areas shall not be designated under any circumstances as
designated off-leash areas by the agency having care, custody, and control thereof: the little league baseball
fields on (i) Lyons Playground; (ii) James E. Murphy Field at the Halloran Sports Complex; (iii) Leo H. Riley Field
at Cabot Park; (iv) Jay Gordon Field at Newton Centre Playground; and (v) Richardson Field.
(c) Dogs Off-Leash Advisory Committee.
(1) To assist a custodial agency in its decisions, there shall be formed a dogs off-leash advisory committee, under
the auspices of the department of planning and development. The advisory committee shall consist of one
alderman; one representative from the parks and recreation department, nominated by the parks and recreation
commission; one representative from the conservation commission, nominated by that commission; an animal
control officer of the city of Newton, ex officio; and four citizens of Newton to be appointed by the board of
aldermen. To insure an orderly transition, current citizen members of the existing off-leash task force shall be
asked to serve as the initial citizen appointees of the dogs off-leash advisory committee for a term not to exceed
one year, unless further appointed.
(2) The advisory committee shall develop and recommend site selection criteria to custodial agencies and shall from
time to time recommend to the appropriate custodial agency a site or sites which said agency may consider for
designation as official off-leash areas. The advisory committee shall consider only those proposed sites for which
a local resident group will sponsor the site; will designate a person to serve as liaison with the city; will agree to
mitigate dog-related impact on the site; and will agree to such other terms and conditions as the advisory
committee and the custodial agency may deem appropriate for that site. The custodial agency with control over
such site shall take such steps as it deems appropriate to notify and to solicit the opinions and suggestions of
abutters and other neighborhood residents prior to designation.
Town of Arlington is six miles northwest of Boston, bordered on the north by Winchester, on the east by Medford and
Somerville, on the south by Cambridge and Belmont and on the west by Lexington. Arlington covers 5.5 square miles, of
which 286.2 acres are covered by water. The population is 42,389 (2000 U.S. census), with 19,011 households and
10,779 families. On May 12, 2010, Arlington Town Meeting voted to amend its Animal Control Bylaw (Article 36) to allow
off leash dog activity during specified hours at specified parks.
Portsmouth, New Hampshire is a community with many similarities to Newburyport. Portsmouth’s estimated
population is 20,443 (2008 census). Portsmouth has 15.7 square miles of land area and 1.1 square miles of inland water
area. Portsmouth’s off leash program comprises both a dedicated dog park as well as several shared off leash spaces. A
map of Portsmouth’s off leash areas appears as Appendix H.
Portland, Maine is another community having several commonalties with Newburyport. Portland is a coastal, lively city
incorporating the character of yesteryear into a modern urban environment. Historic architecture blends with the new as
one strolls along its working waterfront or the cobblestone streets of the restored Old Port section of the city. Portland’s
population is 64,000. Portland is yet another instructive example of a city with a comprehensive dog off leash program.
Like the town of Brookline, MA, Portland has numerous off leash areas.
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Dogs can be unleashed at the following locations in Portland:
• Capisic Pond Park
• Evergreen Cemetery (to the north and west of Northern Ave; in undeveloped wooded area)
• East End Beach (day after Labor Day to the day before Memorial Day)
• Hall School Woods
• Ocean Avenue Landfill
• Pine Grove Park
• Woods behind Portland Arts & Technology School (196 Allen Avenue)
• At North Street/Washington Avenue (behind Jack School)
• Riverton Park
• University Park
• Valley Street Park
• Any city owned island park areas and open space (unless posted otherwise).
• Eastern Promenade Park within the perimeter bounded by the Portland House Property, the water side of the Eastern
Prom, and Cutter Street following around the curve of the parking lot (excluding the area known as Fort Allen Park).*
* This section of the Eastern Prom will be open to dogs under voice control from April 15 - October 15, 5 a.m. to 9 a.m.
and from 5 p.m. to 10 p.m. each day. From October 16 through April 14 the times are 5 a.m. to 10 p.m. each day. There
are no dogs allowed on East End Beach from Memorial Day through Labor Day each year.
There are also no dogs allowed (with the exception of those assisting the visually impaired) on any playfields, school
yards or playgrounds as posted. Here is the link to Portland’s off leash program:
http://www.portlandmaine.gov/voter/doggie.asp
As Portland has done, Newburyport’s proposal precludes off leash dogs from areas such as school yards, play/athletic
fields and playgrounds.
Natural Resources Commission (NRC) Dog Control Regulation for Town Park and Conservation Land
1. Anyone may walk 2 dogs on a leash or under voice control on park and conservation land.
2. Wellesley residents who own 3 dogs will automatically be issued a permit allowing them to walk their 3 dogs on town
park and conservation land.
3. Anyone who wishes to walk a maximum of 3 dogs that are registered in Wellesley shall apply for and be issued a
permit through the NRC Office.
4. A fine of $50 will be issued for any violation of this regulation by the Animal Control Officer.
Town of Lexington is located 11 miles northwest of Boston and east of Concord. Lexington's land area is 16.6 square
miles. Approximately 63% of the land in this town is in private ownership; approximately 12% of the land is permanently
set aside as publicly held conservation land. The 2000 census reported a total population of 30,355. Lexington has 11,110
households.
Lexington takes a similar approach to Wellesley in that Lexington generally allows dogs off leash on 26 of
its conservation lands, provided dogs are “under effective voice control.” Off leash dogs are prohibited
from specified other areas including: Town Reservoir and Beach, cemeteries, school playgrounds, parks,
playing fields, track field and fine turf areas. Where not prohibited off leash, the Town’s by- laws provide
that when off the premises of the owner or keeper, a dog must be “in the immediate restraint and control
of some person by means of a leash or effective command.” (Emphasis added.) See Lexington by- law,
chapter 9-2 (A). See also Appendix F for information on the Town of Lexington’s numerous conservation
areas and associated dog rules, and Appendix G for a copy of a map of the Town of Lexington’s
Conservation Ares/Off Leash Areas.
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Town of Weston is a suburban town on the perimeter of metropolitan Boston, with a total area of 17.34 square miles
and a population of 11,134 (2008 census). Having a similar strategy as that of the Towns of Wellesley and Lexington,
Weston allows dogs off leash “under effective voice control of its owner or keeper while on Town-owned land.” Primary
exceptions to this approach, that is, circumstances in which dogs must be leashed include: at public gatherings, on school
grounds and school playing fields, on recreation playgrounds and playing fields during organized activities, and at
cemeteries. See the following excerpts from Weston’s dog regulations:
Article XX DOG REGULATIONS
SECTION 7. Control of Dogs
Number of dogs: With the exception of commercial dog walkers, persons walking more than three dogs shall have all their
dogs leashed.
Running at large: No owner or keeper of any dog shall permit such dog to run out of the owner’s or keeper’s direct control
by voice or lead at any time.
Voice control: Unless indicated below, a dog shall be on leash or under effective voice control of its owner or keeper while
on Town-owned land. Owners or keepers shall not let their dogs out of their control or sight. When approaching persons,
dogs, or horses, those walking dogs shall call their dogs to their side and keep them under control until the persons, dogs,
or horses pass. Dogs shall be immediately leashed at the first sign of aggression or unruliness.
a. Owners or keepers shall carry a leash for each dog under their control and keep each dog on leash when
entering and exiting trails.
b. Public gatherings - Dogs shall always be leashed at public gatherings.
c. Schools - Dogs shall always be leashed on school grounds and playing fields. Dogs shall not be allowed at all on
playing fields that are enclosed by fencing. It shall not constitute a violation of this section if a dog remains
unleashed in a vehicle while on school grounds.
d. Recreation playgrounds and playing fields – Dogs shall be leashed on playgrounds and playing fields during
organized activities. Dogs shall not be allowed at all on playing fields that are enclosed by fencing. It shall not
constitute a violation of this section if a dog remains unleashed in a vehicle while on recreation grounds.
e. Agricultural fields - Dogs shall not be allowed on agricultural fields where food is being grown, except to the
extent that such fields are owned by the owner or keeper of the dogs.
f. Cemeteries – Dogs shall not be allowed in any Town-owned cemetery for recreational purposes, but a dog may
be permitted in such a cemetery when accompanying its owner or keeper for the purposes of attending a funeral
or visiting a grave site. If a dog is permitted in a Town-owned cemetery for an allowable purpose, the dog shall
always be leashed.
Town of Newbury is a rural community of about 6,000 people. According to the 2006 Master Plan of Newbury, 82% of
the land is undeveloped land comprised of protected natural land, water, agricultural and forest lands. Only 18% of
15,238 acres are developed, with most of the development used for residential homes. While there is no leash law in
effect, seasonally, dogs are prohibited from being on Newbury’s Plum Island beach.
Town of Harvard is a rural community, the population as of January 1, 2007 was 5,785. Situated in Worcester County,
Harvard is 32 miles west of Boston and 22 miles northeast of Worcester.
Town of Stow is a small, rural community of about 6,500 people, with an abundance of softly rolling hills and rustic
country lanes. Stow is located in Middlesex County, about 25 miles west of Boston and about 28 miles east of Worcester.
Both the Harvard and Stow bylaws essentially allow dogs off leash otwnwise, provided the dogs do not cause problems.
Following are relevant excerpts of Harvard’s bylaw; the Town of Stow’s by law is practically identical.
§ 24-1 Definitions
As used in this bylaw, unless the context otherwise indicates, the following terms shall have the meanings indicated:
.
PUBLIC NUISANCE
Any dog shall be deemed a public nuisance:
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A. For having bitten or attacked or threatened the health or safety of any person when said dog is on property other than
that of the owner or keeper; or
B. For chasing any vehicle or bicycle upon a public way open to public travel; or
C. For having killed or maimed any domestic animal, farm animal, livestock, fowl or protected wild game while said dog
is on property other than that of the owner or keeper; or
D. For having damaged or littered property other than that of the owner or keeper.
Town of Lincoln by law declares: “All citizens are entitled to fully enjoy their property and the public ways and
lands. Those citizens who own or keep animals are entitled to enjoy the animals, but only to the extent that they
exercise responsibility so that their animals do not unreasonably impinge upon the activities of other persons.”
Lincoln generally takes an off leash approach. Specified restrictions include: i) no person shall allow a dog owned or kept
by him to be in any municipal building unless the dog is kept on leash, and ii) no person shall allow a dog owned or kept
by him in a school building or on school grounds before thirty minutes before and thirty minutes after the hours when any
school or recreational program is in session, unless the cognizant authority otherwise specifically permits. (Emphasis
added.)
Town of Bedford by law provides, in pertinent part, as follows: Article 42.5.1 Dogs Running at Large
No owner or keeper of any dog shall permit their dog to run at large at anytime. An owner or keeper of a dog must
accompany and restrain the dog on a leash or accompany with leash in hand and maintain effective voice control of the
dog while off their own property. An obedient dog which is under the effective control of its owner may be permitted
to be unleashed in Town-owned open spaces within the Town. Dogs must be on a leash on bike paths and at public
events. No dogs are allowed in cemeteries. The provision of this paragraph shall not apply to a guide dog or service dog
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while actually engaged in the performance of its trained duties. (Emphasis added.)
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The City of Boston is yet another Massachusetts city that has implemented designated off leash areas as well as dog
parks. And, Trustees of Reservations has instituted a Green Dogs Program, which provides for off leash recreation on four
of its reservations.
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Section D: Conclusion
All of the above examples, which employ varying dog off leash strategies, quite clearly underscore the reasonableness as well
as the appropriateness of this designated off leash proposal for the City of Newburyport. Our state abounds with cities and
towns that have responded constructively to the needs of their responsible, taxpaying dog owning residents by affording them
well deserved designated off leash opportunities. It is time for Newburyport to do the same!
Overall, this proposal overwhelmingly supports the proposition that the City of Newburyport should revise its ordinances to
designate certain areas as dog off leash places during specified times. Outside of those particular places and times, other
users would continue to enjoy public spaces knowing they would not be sharing them with off leash dogs.
This strategy is proposed in the spirit of finding a compromise that responds to the legitimate interests of all residents.
The City should be committed to making some public lands available for all to use safely and enjoyably.
As a community, we need to respect and accommodate each other, and to share equitably the public spaces that we all
seek to enjoy.
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20
Recommendations
Name Location Description of designated off leash area Issues/Comments/restrictions Off leash hours Seasonal applicability
Frequently already used for dog recreation, including Sunrise to 8:30 a.m.
Cashman Park Off Merrimac St. on Excluding: playground, basketball court, tennis
swimming; nonresident marina users need to be better & Year round
(Ward 3) Pop Crowley Way court, baseball field & soccer field
educated about dog waste 4:30 p.m. to sunset
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(B) Table II. Areas to be maintained exclusively as on leash areas *
Name Location Reason and other comments
Atkinson Common Three roads To protect plantings, to maintain the serenity of this space
Hale Memorial Park Water Street To protect plantings, to maintain the serenity of this space
All cemeteries Various locations throughout the City To maintain the sanctity of these places
School grounds Various locations throughout the City To maintain these grounds for children’s activities
Off leash dogs could interfere with cyclists, potentially resulting in accidents and harm to
Clipper City Rail Trail Merrimack River to MBTA train station
dogs, cyclists and/or pedestrians
Cooper North Pasture Preserve Hale Street Wildlife, wetlands, farming activities
Waterfront park Merrimac and Water Streets So as not to interfere with pedestrian and entertainment uses
* In addition to the areas listed in the above table, with the exception of those areas designated as off leash areas in Table I, all other public areas within the City, including, but not
limited to, sidewalks, streets, and parking lots, remain as on leash areas. State owned land is not addressed in this proposal.
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(C) RULES OF ETIQUETTE FOR DESIGNATED OFF LEASH AREAS DURING DESIGNATED OFF LEASH TIMES
Dogs must be licensed and vaccinated as required by applicable law/ordinance (this is the case for both leashed and off leash dogs)
and have no contagious conditions, diseases or parasites.
Dogs must be on leash when arriving at and departing designated off leash areas.
Dogs are allowed off leash only in designated off leash areas during designated off leash times.
Dogs with a history of dangerous or aggressive behavior (e.g. history of dog fights or aggression toward people) are prohibited from
designated off leash areas during designated off leash times.
Dogs younger than four months are not allowed off leash as all inoculations are incomplete at this age.
Intact unleashed male dogs must be supervised closely and immediately removed or leashed if interfering with other dogs.
Owners must remain with and monitor their dogs at all times.
Owners must carry a leash at all times, one leash per dog is required.
Owners must be mindful of their dogs so that other visitors do not become anxious about their safety. Many people do not like dogs to
approach them.
Owners must have in their possession an adequate number of bags, or other appropriate device – e.g. a pooper scooper - for removal
of their dogs’ waste.
Owners must clean up after their dogs, owners who fail to do so are subject to a fine in accordance with applicable
law/ordinances. This is the case for both leashed and off leash dogs.
No person shall bring more than two unleashed dogs at any one time.
Off leash dogs are not allowed in playground areas, tennis courts and basketball courts.
A few words for those who intend to use designated off leash areas: Every dog owner’s actions will set an
example, good or bad, for others who use designated off leash areas. Please carry extra bags to offer potential
offenders. It will be all of our jobs to help keep our designated off leash areas clean.
Be part of the solution, not part of the problem!
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“Owners” as used in these rules means the person with direct care, custody and control of a dog while using a designated off leash
area.
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Appendices
24
Green Dog Parks & Off-Leash Hours Frequently Asked Questions
Town of Brookline
Parks not listed do not have off-leash hours Q: Why are off-leash hours occasionally
ALL HOURS SUBJECT TO CHANGE suspended?
PLEASE CHECK SIGNAGE A: During permitted activities (school group activities, sports
games, etc.), dogs must be on-leash for their safety and the
Off-Leash Hours comfort of other park users. When Parks crews are working
Dawn to 9:00 a.m. in the parks, dogs must be on-leash for the safety of both
the animals and the crews. Finally, fields may be completely
• Boylston Street Playground (Boylston St.)
closed when they are wet due to inclement weather, if heavy
• Daniel Ford Playground at Emerson Garden (Waverly Rd.) rain is anticipated, during the spring thaw, or for other reasons
• Corey Hill Park (Summit Ave.) related to maintaining healthy fields. We post field closed
• Coolidge Playground (Columbia St.) signs, and you can call the Recreation hotline 24 hours a day
• Mary E. Robinson Playground (Cypress & Franklin St.) at 730-2083 to hear a recording if fields are closed.
• Lotta Bradburn Schick Park (Addington Rd.) Under supervision of the
• Soule Recreation Center (Hammond St.) Q: I’m a dog walker. Can I bring my clients to
play and exercise off-leash? Brookline Park and Recreation
• Jean Waldstein Playground (Dean Rd.)
A: Everyone, including dog walkers, is limited to three off- Commission
Off-Leash Hours leash dogs per person. Note that the off-leash dogs must be
Dawn to 1:00 p.m. under voice control and in your sight at all times. It is not
recommended to bring multiple on and off-leash dogs, since
• Amory Playground (Amory St.) you are not able to easily attend to off-leash dogs if necessary.
• Harry Downes Field (Jamaica Rd.)
Note: No dogs allowed in fenced portion of park with track. Q: Why do I need to license my dog?
• Griggs Park (Griggs Rd.) A: Massachusetts state law requires that all dogs be licensed,
• Daniel J. Warren Playground (Eliot St.) and have a current rabies vaccination. Licensing is critical to
ensuring the health of our canine friends and other people,
Off-Leash Hours and can help identify your dog if they become lost. For more
Dawn to 1:00 p.m., March through November information, contact the Town Clerk’s office at 730-2010.
Dawn to Dusk, December though February
• Brookline Avenue Playground (Brookline Ave.)
Q: How do I get more information or make
suggestions about the program?
• Larz Anderson Park (Newton St.)
Note: Top of the hill area, Avon Street side ONLY. No A: The Park and Recreation Commission, Recreation
dogs allowed in children’s play area, pond, or garden area. Department, and Parks and Open Space Division all welcome
your questions and comments. Please check our website for
further information and updates at www.brooklinema.gov/
Dogs are generally not allowed on any of the fields during the GreenDog or contact us at 730-2069.
month of March when the ground is thawing.
Please heed Field Closed Signage. Q: How do I report violations?
A: To report off-leash or other violations, particularly
The Green Dog Program logo will be displayed in aggressive dogs, contact the Brookline Police Department 24
designated parks with program hours. hours a day at 730-2222.
133 Eliot Street
January 2010 Brookline, MA 02467
Phone (617) 730-2069
www.brooklinema.gov/GreenDog
What is the Green Dog Program? How does the Program work? Rules and Regulations
The Green Dog Program is an innovative approach Joining the program is easy. Follow these simple steps to 1) Know When to Keep Your Dog On-Leash
to meeting our dogs’ and dog owners’ desire to have time off- get you and your dog involved: Dogs are allowed off-leash ONLY in designated areas.
leash, while sharing the spaces with other park users in our Keep your dog leashed when entering or exiting the off-
Before you go to a park: leash area.
urban community. Brookline has 14 off-leash areas across the
Town, with specific off-leash hours established by the Park and 1) License your dog and make sure vaccinations are Off-leash hours are suspended when there are permitted or
current. Put license and identification on dog’s school based special activities in a park.
Recreation Commission. Dog owners are allowed to play with
collar. There are no off-leash hours when parks and fields are
their dogs off-leash, during these designated times, following the saturated from rain, or thawing in the spring. Please
2) Make sure your dog is under voice control (dog
program rules and regulations. keep dogs off fields in these conditions. During and after
responds to and obeys your verbal commands).
rainfall, topsoil is 20 times more vulnerable to compaction.
3) Find a park near you with off-leash hours.
The Park and Recreation Commission is a policy- Dogs must be leashed when Parks Division crews are
4) Bring along your dog’s leash and bags for waste. working in the parks.
making board, staffed with volunteers appointed by the Board of
Selectmen, to oversee and provide year-round indoor and outdoor At the park: 2) Be Respectful to Other Park Users and Neighbors
recreation activities, and to oversee park planning, renovations, 1) Keep your dog on-leash until you are in the park. Clean up after your dog in off and on-leash areas. It’s a
and use. The Commission created the Green Dog Program in Keep your leash on hand at all times. courtesy and it’s the law in Brookline.
response to requests from residents who expressed a desire for 2) Check for park closed signs, wet fields, crews Maintain sight and voice control of your dog. You must be
dog owners to not only enjoy, but also serve as better stewards of working in the park, or permitted activities, all of able to see your dog when off-leash, and maintain effective
our parks. The Commission developed the program with input which mean off-leash hours are suspended. verbal control of your dog. You are personally liable for
3) Pick up after your dog and encourage others to do any damage or injury your dog inflicts or receives.
from a Green Dog Advisory Committee and many enthusiastic
the same. Excessive barking is not allowed. Please play quietly
residents, following a thorough analysis of park usage throughout
4) Keep your dog in sight at all times and under voice especially in the early morning hours.
the Town.
control. Dogs are not allowed in playground areas, sand boxes, hard
5) Be mindful of your dog so that other park visitors or clay tennis courts, or basketball courts.
The Green Dog Program benefits everyone! Dogs get are not anxious about their safety. Many people Dogs must not chase or disturb wildlife or enter sanctuaries
needed exercise and socialization often leading to better behavior, do not like unfamiliar dogs approaching them, or sensitive open spaces, such as shrub and flower beds.
owners get to socialize with fellow dog owners and park visitors, and only you know whether your dog is friendly to
and other park users still have time to play and relax in the parks. other people. 3) Ensure Your Dog Meets the Criteria
The outcome is a happier community. We have thousands of 6) Enjoy some off-leash fun with your dog! Aggressive dogs are not permitted on or off-leash. Dogs
who exhibit aggressiveness towards people, other dogs, or
park users, and sharing our parks helps us maximize the use and
wildlife will not be allowed to participate in the Program.
enjoyment we all receive from our open spaces. The Park and Recreation Commission has the authority The number of dogs per person is limited to three.
to temporarily or permanently close, or modify the Dogs must be 4 months old to participate in the program.
With good stewardship and courtesy, you can play a role boundaries of off-leash areas for any reason including the Dogs in heat are not allowed off-leash.
in keeping our parks clean, safe and well-maintained - places following: environmental damage, failure to comply with
Dogs must be licensed, vaccinated, and healthy (no
where you and your dog are always welcome. rules and regulations, public health or safety, or serious contagious conditions, diseases, or parasites).
unanticipated problems affecting other park users.
All dogs (and their owners) are subject to Section 8.6.7(a)
Violators are subject to incremental fines, removal from of the Town’s General By-Laws, which provide, in part,
the off-leash area, and suspension of off-leash privileges. that “the person in charge of a dog inside a designated
off leash area must control the animal so that it does not
disturb the surrounding area by barking or other action
and so that it does not disturb or threaten others using
the designated off leash areas and the area surrounding the
designated off leash area.”
Town of Lexington Conservation Areas and Associated Dog Rules
The Town of Lexington has over 1,200 acres of conservation land, including 26
conservation areas with public access (listed below). Dogs are allowed off leash in all
but eight acres of these lands.
Daisy Wilson
Brown Homestead Chiesa Farm Cranberry Hill Dunback Meadow
Meadow
Joyce Miller's
Hayden Woods Idylewilde Juniper Hill Katahdin Woods
Meadow
Lower Vine
Liberty Heights Meagherville North Street Paint Mine
Brook
Sutherland
Parker Meadow Poor Farm Shaker Glen Simond's Brook
Woods
Tophet Swamp Turning Mill Pond Upper Vine Brook West Farm Whipple Hill
Willard's Woods*
Town law requires dogs be under "immediate restraint and control" at all times, by leash
or effective command. (Lexington Code § 9-2A; fine maximum $50)
Leash all dogs when entering/exiting conservation land.
No more than three dogs per person are allowed on conservation land. (Lexington Code §
145-2M; fine maximum $200).
Town law requires you to always "remove and dispose of any dog feces." Use a plastic bag
and take it home, or deposit it in a trash barrel.
(Lexington Code § 9-3; fine maximum $50).
Do not leave bags on the side of the path to pick up later. Take them with you.
When approaching children, or adults without dogs, keep your dogs close to you, clearly
under control or on-leash. Do not allow your dog to jump on anyone.
This is a self-policing community so please speak to owners when they or their dogs
behave badly. Please be respectful to others if they speak to you about your dog.
Use off street parking areas where provided. If you must park on a street, obey all parking
laws. Do not block traffic and obey the speed limit.
Respect neighbors' property and privacy.
The Conservation Commission, by virtue of its authority (MGL c. 40, § 8C) to make regulations for the
use and government of all conservation lands of the Town of Lexington, has adopted the following
rules and regulations. A fine not exceeding $200 or the replacement cost of damage, whichever is
greater, shall be imposed on any person or persons violating said regulations.
Be in or on conservation land between the hours of 1/2 hour after sunset and 1/2 hour
before sunrise.
Possess or consume alcoholic beverages.
Commit any disorderly action, or disturb the peace, or conduct oneself in such manner as
to interfere with the rightful enjoyment of the public upon these grounds.
Hunt, trap or shoot.
Remove, cut or damage any flowers, plants, shrubs, trees or rocks.
Operate a motor vehicle (the term "motor vehicle" includes, without limiting the generality
of the same, any car, truck, bus, motorcycle, motorbike or snowmobile)
on conservation lands.
Make a fire except in designated fireplaces with permission of the Fire Department.
Discard litter except in designated receptacles or post, paint, affix or display any sign,
notice, placard or advertising device.
Dump materials of any kind.
Build any structures.
Dam any stream.
Park a motor vehicle except in designated parking areas.
Possess, be in control of, or be responsible for more than 3 dogs per person.
_____________________________________________
*A new regulation regarding off leash dog access in Willard's Woods will be in effect as of September
1, 2010. It provides that dogs may be walked off leash on weekdays and must be on leash on
weekends. The Town Conservation Commission adopted this new regulation due to the heavy use
of Willard Woods for off leash recreation and to balance the needs of all residents. Relative to the
new regulation, the Conservation Commission stated it is: “a reasonable and fair compromise to
help reduce conflicts, encourage some dispersal of use to other lands in town, and allow for the
Woods to be shared with users who wish to avoid off-leash dogs.”
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MAP OF THE
NR EN
IDG
WA T E
ED AV
D.
R. BROOKH E . .
AVEN
CONSERVATION AREAS
RT
CHA NC
N
DBO O
ST
URN RD
E RD
.
WALNUT
AV
POTTER POND
ON
E .
M
ME T
ST.
C A RT PATH L
N.
R OP
EMILY SCHADLER
BE
STAG
OLIT
Conservation Asssistant
E
CO
AN P
A CH
RD .
1:15,961.3
WAY
NO R
TH
South Mill Pond
OFF LEASH
along shore
OFF LEASH in
Under I-95
dog park (Ranger Way)
AY
W
E
RG
SA
Parking Lot
AR
KE
NO DOGS on ballfields, MARKET
ST
tennis courts, and playground.
Peirce Island:
SP
See inset.
AU
LD
Haven
IN
G
Park
TP
!!
!
Goodwin
K
!!
E
!!
!
Park
!
!
!
!
!!
!!
T
!!! !
! !! !
!!!
S
!! !
!!
! !! !
! !! !!
LE
!!
ST
D
MID
N
TO
U.S
! ! !!
N South Mill
LI
. RO
IS
!
!
Pond: See inset.
Langdon
UT
SA
E1
GA
I-9
5
Park
MO
BYP
RE
T
Ward TH S
AVE
SOU
Park
E RD
LAFAYETT
Great Bog
(all City-owned land)
NO DOGS at
State Pier and Peirce Island
Four Tree Island
ON LEASH at Peirce
Island Playground
RD
LD
IE
NF
BA
OC
E
AN
RD
¹
Off-Leash Areas Dogs must be under 0 0.5 1 Miles
Portsmouth, New Hampshire voice control and
0 0.5 1 Kilometers
observation.
Map prepared by Portsmouth Department of Public Works, 27 June 2007