Town Council discussed new ordinance language to change from “under control” standard to required physical restraint\leash control standard for dogs. The new language is below:
Sec. 50-191. – Animals on beach and other public places. (a) Animals prohibited during certain period. (1) It shall be unlawful for any person owning, having control of any domestic canine or other animal to permit such domestic canine or other animal to be on the public sand beach, the boardwalk or the grassy area west of the boardwalk during the period from 10:00 a.m. through 9:00 p.m. between May 1 and Labor Day of each year, such period hereinafter referred to [as] the “season”. (2) It shall be unlawful for any person who owns or has control of any domestic canine or other animal to permit such domestic canine or other animal to run at large at any time. For purposes of this section, an animal shall be deemed to run at large while roaming, running, or self-hunting off the property of its owner or custodian and not kept on a leash or other physical restraint for immediate control. A leash or other physical restraint is understood to be no less than six nor more than twenty feet in length.
Council is in favor of the new ordinance, however, during the discussion, some changes were recommended.
The draft notes that it will be unlawful for any dog to be off lead anywhere, at any time. It was requested that the language be more specific, that during the 9 to 9 time period, dogs could be off lead on the beach.
There was some discussion about extending the beach time hours from 9:00 P.M. to 10:00 A.M.
The ordinance was originally scheduled to be voted on August 1st at a special meeting, but it may be added the agenda of the next Regular Meeting on the third Thursday in August. The Mirror will post the time once it is confirmed.
Kearn C SCHEMM says
Thanks for your reporting on the proposed new leash ordinance.
Pet owners and lovers are not happy about several of the provisions in the proposed ordinance.
Cat owners are amazed that they will be, by the language of the ordinance, obliged to have their cat on a leash if it should wander off property. How often has anyone, anywhere, seen a cat on a leash? In my 71 years of life I have seen as many cats on a leash as pet rabbits on a leash – two of each.
Dog owners object to many of the provisions, indeed, persons who at first supported the idea of a leash law are now distancing themselves from it. One comment was, “I didn’t want this, this is nothing like I expected.” The new ordinance’s current language as written makes it illegal to have your dog off leash on the beach at any time. This is opposed to the old tradition in Cape Charles that voice control was good enough for dogs playing on the beach during allowed hours. Another VERY thorny issue is the prohibition of leashed dogs on the boardwalk (what I refer to as the Promenade, since there are no boards) during the hours of 10AM to 9PM. The Promenade is the widest sidewalk in town and this provision makes no sense to any of us.
The ordinance also fails to take into account technological developments such as e-collars that allow dog owners to control their dogs at a distance without the use of a leash. Allowing for use of e-collars in the place of leashes would go a long way to make the ordinance more reasonable. Another issue is the required leash lengths – at least 6 feet long and no more than 20 feet long. A large dog needs a short leash for effective control and a 20 foot long leash gives no control over any dog. Finally, the ordinance does not mention an exemption for Service Animals, which I believe would be required under Federal Law.
Another issue we have is with enforcement. We do not appear to have 24/7 police coverage at present in Cape Charles, are we really going to expend precious police resources chasing people who have dogs on leashes less than six feet long or are walking their dogs on the Promenade at 10:15 in the morning? If we have police resources to do that, we should consider using them for more important issues. If we do not have the resources to enforce the ordinance across the board, any enforcement will, by its very nature be arbitrary and give rise to unfair treatment of some of our residents and visitors.
The proposed ordinance, in short, isn’t well written and is not a good fit for the town of Cape Charles. The ordinance should be tabled, a commission of interested parties created to discuss whatever problems exist and find the least offensive solution to those problems. No real discussion has happened at Town Meetings, since interested parties are limited to three minutes of comment – this short time precludes any real discussion which could lead to a nuanced, reasonable ordinance. This ordinance modification should not be passed over the heads of the many, many dog and cat owners in this town that it would impact.
Nioaka Marshall says
I was just thinking the same thing about service animals. My dog is ALWAYS on a leash when I take her out, but she is a support animal ( yes I have the papers). By law, she can go anywhere at anytime with me.
Debbie Schlicht says
I don’t want to be redundant with Kearn’s reply- I believe he hits all the major points that need additional discussion. The ordinance as it stands is a very myopic attempt to address animal leash control. Additionally I don’t feel it reflects the majority view of Cape Charles residents.
I am in favor of the town council taking a step back, listen to more town residents and ultimately have more discussion before this current ordinance is enacted.
I am hoping a less reactive and a more common sense approach will prevail here.
Lorian Gallagher-Blewitt says
Agreed!
Haven Lineberry says
I agree and very well said Debbie. I do not feel it reflects the resident’s wishes. Including the boardwalk/promenade. Now they are trying to limit which sides of the street we can walk on during certain hours…? Police resources can definitely be used in a much more productive and beneficial way to the town of Cape Charles.
Herb Thom says
I would like to stand up for the Town Manager , and staff for bringing this to the table . We are now talking about the needed leash law let’s keep talking and get right.
Kearn C SCHEMM says
Herb, I agree entirely, let us keep talking and draft an ordinance we can all live with.
M. M. Patterson says
To clarify Nioaka’s comment. The ADA: doesn’t require SERVICE dogs to have papers; Support dogs are not covered by the law; churches and federal buildings are not required to allow Service dogs to enter.
https://www.ada.gov/service_animals_2010.html
https://www.ada.gov/regs2010/service_animal_qa.html
Nioaka Marshall says
I did not say the ADA requires papers. But many places require you to prove it is an actual support animal and not apet. And I have taken her to many places that you assume do not allow support animals.
Marita Patterson says
My point was that, the federal law does not allow many places” to require papers for a service dog. As you classify your pet as a “support” dog, rather than a service dog, you are not protected by the ADA at all.
Nioaka Marshall says
Well, I have had her 12 years and never had a problem taking her anywhere. I, therefore, stand by my statements and opinions. Not worth my time to argue with know it all city folk.
Marita Patterson says
I am surprised and disappointed you are descending to an ad hominem argument.
Lorian Gallagher-Blewitt says
Schemm, I am a 28 year resident of Cape Charles and agree with you wholeheartedly! Thank you for all you are doing to help keep the spirit of Cape Charles alive.
Please do not change it to 10 a.m. We see many families on the beach by 9 a.m. and I think 10 a.m. is just too late.
Please do not rush this vote!
Nancy Wills says
Thank you Schemm for reaching out and helping “us” (dog beach comer group/ neighbors) to share perspective and recommendations related to the friendly dog community !! My husband and I are property owners and love the spirit of our small town. We have many porch friends but love our dog friends as well …. beach time is important ! We are respectful and hope this can be reciprocated by offering time to review Mr. Schemm recommendations .
Thank you in advance !! Our Labradoodle Morgan will be a very happy pup !
David Wils says
I agree with all the comments above, Kearn, thank you for driving this very important issue. Please keep in mind we need to establish leash laws for the park, it should have the same restrictions and time limits as the beach.
I know council will make the favorable decision!
Jane says
Seems like in general outside of your home, if it is non – fenced, your dog should be on a leash in public spaces & even just outside your door.
It can be traumatizing for people who are scared of dogs & not everyone likes the idea of an animal in their space bc if potential problems.
Having a dog park would be a good idea & having unleashed times for dogs on beach would be smart so everyone is aware that there could be unleashed dogs after 6 for example & 3-5 on weekends. Hours can vary in various locations. As long as the rules & guidelines are clear so people can be aware of what to expect & also so that people can have their unleashed time. It could be modified off season etc. There are certainly ways to do this where everyone is ok. It would be great to have a balance.