TCDOG Update
Arthur in the News (Ithaca Journal, Feb. 11, 2005)
Contact TCDOG at info@tcdog.org.Nuisance, fear factor resulted in leash law crackdown
ROGER DUPUIS II
Journal StaffITHACA -- Not everyone sees the prospect of dogs running free in Allen H. Treman State Marine Park as a positive thing.
In fact, it's a nightmare for at least one man.
"It is only a matter of time until someone is seriously mauled," Vestal resident Arthur Samodovitz wrote to state Attorney General Eliot Spitzer last August, saying he had been assaulted three times by unleashed dogs.
"Beside the risk of attack, the unleashed dogs have made picnicking virtually impossible," Samodovitz continued, adding, "the dogs beg and growl for food and urinate on coolers and tables."
Samodovitz has the law on his side. Dogs are required to be leashed in state parks, as well as in all public places under Ithaca city law.
The area around the northern end of the park, within city limits, has been regarded as a de facto dog park by many locals for years. That hasn't stopped New York State Park Police from writing tickets periodically -- though both Samodovitz and advocates for a legalized dog park acknowledge that enforcement often seemed to be lax.
That changed in recent months. In September, after Samodovitz's communication to Spitzer, dog owners reported a flurry of ticketing.
Another crackdown came last weekend. New York State Park Police Maj. Richard Waffle confirmed that eight people were ticketed in the park.
That was only days after publication of a Journal article that featured a photo of people exercising their dogs in the park, off leash. Several dog owners and witnesses said they saw Samodovitz at the park Saturday when the ticketing took place.
"I'm sorry, I'm not interested," Samodovitz said Thursday when asked if he wished to discuss his concerns with a Journal reporter.
Samodovitz -- who in his letter said he has leased a boat slip at the marina for 14 years -- is not the only person to raise concerns about loose dogs at the park.
"We've had complaints from responsible people who've had their dogs on leash, who didn't appreciate that others were walking around with their dogs off leash," Waffle said.
Waffle said it would take a little more research to determine the specific number of complaints at Treman, though he was able to report Thursday that the parks department's 10-county region, including Tompkins County, logged 11 dog-bite complaints in 2004. The region also issued 34 leash violation tickets last year.
One complaint received would be enough to trigger action, according to Waffle. "We're taking a proactive approach," he said.
Assistant City Attorney Robert Sarachan said he recalled between 10 and 15 off-leash tickets coming through City Court last fall. In the past, he might see "a couple a year."
"This is the biggest volume, I'd say, in my memory," Sarachan said of his six years of experience. He added that he didn't recall encountering any dog bite cases from Treman.
The penalties for off-leash violations depend on whose laws the offenders are charged under --and that, Waffle said, depends on whether they're ticketed on city or state land.
According to Sarachan, the city's fines range from $10 to $25. State penalties can range from no fine to $250.
Arguing that the state park police weren't enforcing the laws, Samodovitz' Aug. 9, 2004 letter to Spitzer -- copied to the state park commissioner and City of Ithaca officials -- threatened legal action if the leash laws were not enforced by Aug. 22.
He apparently hasn't pursued legal action against the city. Officials here haven't seen a case yet, City Attorney Marty Luster said.
But Samodovitz, who accused the state and the city of "encouraging dogs off leash," also warned that he reserved his right to sue "despite any corrective action" by the state or the city, and that punitive damages would be appropriate, given that he "suffered damages on account of the three assaults."
He also said it would be helpful if "violations of the state park rules were tried in a state court," as "the City of Ithaca Court is too lenient."
Asked if he was concerned about the possibility of a lawsuit, Luster seemed confident about the city's position.
"The municipality, generally speaking, is not at risk for failing to enforce a law unless you can show some malice, or intent to harm," Luster said.
Luster and Mayor Carolyn Peterson also sought to clear up any confusion about the city's role, based on accounts they've heard about people blaming the city for the ticketing at Treman.
Luster said he spoke to the state park police last summer to relay Samodovitz's concerns, "but as far as the city's involvement goes, to the best of my knowledge, that was it."
"Our offices had never given direction to the state park police," Peterson said.
In fact, Peterson met with county and Town of Ithaca officials Thursday to discuss moving forward with research on creating a dog park. "I would say that there is recognition that this is one of the recreational opportunities that is lacking," she said.
Contact: rdupuis@ithaca.gannett.com
Originally published Friday, February 11, 2005
