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Item 8B AGENDA ITEM #8B FEBRUARY 9, 2004 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Dogs to be Unleashed on the Beach DATE: February 02, 2004 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: At the January 26, 2004 City Commission Meeting, a question was raised relative to the ~ feasibility of setting a time for citizens to allow their dogs to run/play/train on the beach, unleashed. Since there are times during the year when the beach is relatively deserted, it would appear that dogs could be allowed to run loose on the beach, under certain ~„ conditions, without causing any serious problems. However, after reviewing and evaluating this idea, a number of problems have been identified that would be difficult to overcome. Historically, Atlantic Beach has not allowed unleashed dogs on public property. With the exception of dogs with their owners, swimming in the ocean, dogs are required to be „~, leashed when in public places, including the beach. The primary reason for requiring leashes is for the safety of the public. Aggression: In one highly publicized Atlantic Beach incident, a woman was walking on the beach ~. with her dog. Two (2) unleashed dogs attacked her, and even though she picked up her small dog, the other two (2) dogs knocked her down and killed her dog. In the past, there have been a number of animals and people attacked on the beach. Unfortunately, dogs have minds of their own, and they often act instinctively. A dog may be well trained and well disciplined, but the dog may still react inappropriately when «.. faced with new situations. If they feel threatened, or if they feel that their owner is threatened, then the dog may respond aggressively. Many dogs have instinctive responses to other animals, which may provoke an aggressive response. In the absence *^ of a leash or other physical control mechanism, a dog can do great damage before being stopped by its owner. In many cases, it is the owner who is bitten while trying to break up a dogfight. "Good Dogs" As a result of "good dogs" being friendly, senior citizens and children on the beach have been injured. In one Atlantic Beach incident, an owner was walking his dog on the beach AGENDA ITEM #8B FEBRUARY 9, 2004 without a leash. The dog was non-aggressive and friendly to people. While under the direct supervision of the owner, the dog jumped up on an elderly woman who was """ walking on the beach with her husband. The dog's toenails caught in the skin of the woman's leg, and tore the skin from the upper thigh all the way to the ankle. The injury was quite serious for the woman, and it was a result of a good, unleashed dog being '~ friendly. Many people fear unknown dogs, regardless of the dogs' personalities or intentions. Even a "friendly" encounter can be a frightening experience. When a dog runs up to someone on the beach, that person may genuinely fear for his/her safety. The person may react and respond to the dog, and sometimes the person is injured as a result. An unleashed dog is a legitimate cause for concern, especially for senior citizens and children on the beach. An unleashed, friendly dog can .frighten and/or injure people, and the dog owner may be powerless (or in some cases unwilling) to prevent it. General: There have been numerous accounts of beach excursions that were unfavorably spoiled by unleashed dogs. Dogs have urinated on chairs, coolers, clothing, lunches, and even people who were on the beach. Dogs on the beach have dug up sea turtle nests, and they have kicked up sand and shaken water on people. Dogs have damaged or destroyed the property of citizens on the beach. Often, the owners of the dogs have been present, but they were either unwilling or unable to prevent the behavior. Details: The general concept of setting a time when dogs can run unleashed on the beach appeazs to be simple. However, when trying to establish the details, problems arise immediately. The beach is essentially the largest public recreational park in the City of Atlantic Beach. Over the course of a year, there are many citizens who walk, run, jog, cycle, swim, surf, picnic, sunbathe, or otherwise enjoy the beach. Depending on the season, these activities tend to vary according to seasons and activities. For example, during the winter, some people may use the beach more often during the middle of the day when the temperatures are warmest. During the summer, the same people may use the beach in the mornings and evenings to avoid the mid day heat. It is unlikely that the city can establish a stable, daily time for unleashed dogs on the beach, and varying the times would make enforcement confusing at best. If the city identified times for unleashed dogs on the beach, then some citizens would interpret the move to be a deprivation of the citizens' use of the beach. Some citizens are not going to go onto the beach with the knowledge that dogs are running loose. Additionally, there are non-citizens who visit Atlantic Beach, and odds aze slim that they aze going to be able to know and understand the rules governing the dogs. AGENDA ITEM #8B FEBRUARY 9, 2004 ~. If Atlantic Beach allows unleashed dogs on the beach, then Atlantic Beach should expect dog owners throughout northeast Florida to bring their dogs to Atlantic Beach. None of "~ the jurisdictions in the immediate area allow unleashed dogs. If the City were to consider unleashed dogs, then what locations would be acceptable? ~" Would the entire beach become a dog park? Or, would the dogs be restricted to a specific azea? How would the boundazies be mazked? What would be done about feces? Would maintenance be required? Would there be any monitoring of the area? How would the city clearly communicate the times and restrictions to everyone affected? Summary: Over the past twenty (20) yeazs, citizens have repeatedly requested more animal control enforcement, especially dealing with unleashed dogs. The animal control codes have been reviewed and revised repeatedly; and even though a number of suggestions have been made relative to dogs on the beach, the existing codes reflect the prevailing concerns and opinions relative to these issues. The codes are being enforced on a regulaz basis, and citizens are increasingly complying with them. Changing the code to allow unleashed dogs on the beach would be counterproductive to the ongoing public policy and enforcement efforts. BUDGET: None RECOMMENDATIONS: To retain the existing restrictions in the City Code. ATTACHMENTS: None REVIEWED BY CITY MANAGE A DA ITEM NUMBER: