There was a post on my “For the Love of Dogs” group a couple of days ago asking group members where is the best place to go to take your dog off leash.
This topic always brings a lot of debate. On one side of the coin, you have people vehemently opposed to dogs being off leash in public places. On the other side, you have people adamant their dogs NEED off leash time. It can make for an interesting and, at times, very spirited, debate.
The purpose of writing this blog is not to tell you, the dog owner what to do. That is your decision. It is up to you to weigh the pros and cons and make an informed choice. That is exactly what I want you to do, make an INFORMED choice.
So let me present both sides of the debate….
Pro off leash:
- My dog is (x breed)…he is high energy and requires off leash time to burn that energy off
- My dog is completely friendly, he would NEVER hurt anybody
- I have 100 percent recall. Any time I see somebody coming, I call out to him, he returns to my side, I attach the leash and we proceed
- There are places in the city such as Three Pond Barrens, the Goulds, Kilbride and the hills behind Pleasantville where it is allowed. Everybody takes their dog off leash.
Anti Off Leash:
- Having a dog off leash greater St. John’s Metro area is totally against the law
- I am afraid of dogs and should be able to walk wherever I wish to go without fear of being approached by a dog
- I have a dog that is fearful of other dogs/aggressive with other dogs. I should be able to walk my dog anywhere I want to go without fear of my dog being approached by an off leash dog. I am taking precautions and obeying the law, so should everybody.
When examining both sides of the coin one has to be aware, the anti off leash group completely has the law on it’s side.
So let’s get a couple of things out of the way when looking at each of the above statements.
Section 5 of the Animal Control Act has a couple of provisions related to the above discussion. I want to present three of them as I believe they are very important:
5. (1) When a Dog or Cat defecates on any public or private property other than the property of its Owner, the Owner shall cause such faeces to be removed immediately.
(3) No owner of a Dog shall permit his or her Dog to:
(a) chase, bite or attack any person
(b) chase, bite or attack any domestic animal
(c) damage public or private property.
(4) The running at large of Dogs or Cats is prohibited unless otherwise exempted by law.
As my political science law professor consistently stated in university, not only must you know what the law states but you also have to be aware of the intent of the law.
Section 4 is the big one. What this one means is that if you are not in a private fenced in property, or in a dog park, your dog MUST be on leash. Period, end of story.
There are many reasons for this but it makes NO EXCEPTION. That means EVERYWHERE within the city limits (including those areas always pointed out as “off leash friendly”, your dog must be on leash. That is the law. If you choose to break it, you can be charged. If you do not believe this…the following is a quote from the City of St. John’s “Pet Owner Responsibility” site:
“Dogs or cats are prohibited from running at large. Dogs are prohibited from being off the owners property without being on a leash and wearing a City tag. Even though you are comfortable with animals, a lot of residents and children are not. This is for the safety of your pet and other residents comfort.
City public spaces are for everyone to enjoy, and roaming dogs present a danger to other people, pets, and property, as well as themselves. When off leash, an owner can never truly be in control of their pet’s actions. An excited, distracted, or frightened dog can react in a manner that is not “normal for them”, leading to potentially dangerous people/pet interactions. Even if the dog is friendly, there are a number of citizens that are genuinely afraid of or intimidated by dogs, especially those not attached to its owner. Also, other dogs walking with their owners may be fearful and react aggressively toward other dogs.
Walking your dog on leash fosters pet/owner bond that is of benefit to both the dog and owners mental health.”
So from a legal AND intent standpoint, the law is quite clear as to WHY this particular section of the act is in place. People do have the right to walk ANYWHERE in this city without the fear of harassment from your dog.
I can already hear the Pro voice kicking in saying “But everybody takes their dogs off leash in Three Pond…it is allowed and charges are NEVER laid”.
I respond to that…it is not really enforced... until something happens.
A berry picker is approached by an off leash dog, a hiker is “charged” by a dog who just ran out of a pond, a person with a dog reactive dog is walking their dog on leash, is approached by an off leash dog and that dog attacks…
When this happens, you will have to answer for all of this with the knowledge of what you allowed your dog to do is totally and absolutely against the law. Myself and other trainers have made some income over the years completing assessments on dogs and testifying in court for their owners because of areas like Three Pond. It can happen, it does happen.
I can also hear the Pro voice kicking in…”But Ken, my dog is totally friendly, he would never harass anybody”.
It is important again to think about the other person at this point. While you may not view your dog approaching the person as “harassment”, if the person being approached is fearful or is just being downright spiteful, they may not share your view. They may state, “I was harassed”, “I felt threatened”, “I feared for my safety”. From a legal standpoint you can say “No you were not, I saw everything and my dog approached you completely friendly”. Can people be that afraid of dogs? They sure can. If a person is genuinely afraid, it is unfair for your dog to approach them regardless of your dog’s intent. Even if the person is not afraid of dogs, can people be spiteful? I think we can all agree…yes they can.
If this goes to a judge, the judge is going to look at you and ask one question…”was your dog on leash?” If the answer is “no your Honour, but…”, it will not matter what you say after that point. “Your Honor” is going to look at you and say “Ms./Sir, you cannot state that which you are stating, you completely abdicated your responsibility to your dog, you could not see everything nor know everything because your dog was not beside you. Your dog was not on leash”.
Simply put, you have no leg to stand on. The law in this case acts the same as you hitting another car from behind when driving. Whatever happens is your fault.
This does not mean you will be convicted or fined. But in all likelihood, you will have to spend a fortune in legal fees and professional assessments for your dog in order to get the charges overturned. In the end, you may be facing fines or worse, a requirement to have your dog euthanized. In any case, at minimum, there is a huge cost associated with it both from a financial and an emotional standpoint.
Let’s look at 5(1)..if your dog is off leash, there is NO way this can be obeyed. Your dog ducks into the trees and deficates. You will not see this every time. If you loose sight of your dog, even for a second, your dog can poop and you miss it. It happens. The trails are FULL of poop from this scenario. It is completely unfair to others and I would suggest is a huge reason why these types of laws were brought into effect in the first place. We, as dog owners, have to be careful. The trail system on the North East Avalon is amazing. It is a true treasure and if we wish to continue to enjoy it with our dogs, we need to ensure we keep it clean.
Let’s look at a couple of others…
There is no such thing as 100 percent recall. Your dog will get distracted. The distraction can be another dog, a cat, some wildlife. In all cases, if your dog chases, it is against the law and you can be charged.
“But Ken, I put my dog back on leash the minute I see anybody approaching”
The problem with this statement is, you cannot always see the people (the other dog, the cat, the wildlife) approach. A person comes around a corner, your dog comes from the opposite direction, you have a standoff even if your dog had no intention of doing so. If that person wishes, the person can report you. If that person has a dog, that dog is on leash and chooses to start a fight with your dog, it is your fault.
I will take this one step further…if a fight breaks out and the person with the leashed dog gets bitten breaking up the fight, even if it is their dog that bites them, you are now responsible for all vet bills, personal injury and any damages incurred. It does not matter the other dog started it. It does not matter if it happened in an area where “off leash is accepted”…your dog was off leash, the other person’s dog was on leash. The law states it is not allowed because that person and that dog has the right to walk in public areas without fear of harassment. Harassment in this case is defined by the person being harassed because you absconded your responsibility by taking your dog off leash. Because you are not directly by your dog’s side, you cannot protect your dog from the other person’s version of events.
It is also important to realize that most of the municipalities have similar laws. Mt. Pearl, Paradise, CBS all have laws which state the same.
So what does one do if one believes their dog NEEDS off leash time…
1. Work on having a bomb proof recall. That means working your dog HEAVILY around distractions on leash all of the time. It is time that is a invaluable investment
2. Take your dog outside the city limits and ensure where ever you have your dog off leash, there is no law stating your dog has to be on leash. This will still not protect you against the person who wants to report you but at least it is something in your favor if and when it happens. In case anybody is wondering why I say this still will not protect you, section 34, 35, and 36 of Newfoundland’s Animal Health and Protection Act speaks to this. If your dog is off leash, the plaintiff’s version of the events holds a lot of weight. For more on that view those sections of the act here: Animal Control and Protection Act
3. Use the dog parks. Personally I do not support dog parks (as they currently exist in the city for other reasons…for more on that see: Dog Parks: Why You Should Not Go but if you must take your dog off leash, that is the only area (outside of your own fenced property) in which you are legally allowed to do so.
4. If you choose to disobey the rules, take precautions to help ensure disaster does not happen. Precautions such as: being able to see your dog at all times, in an area where there is little likelihood of running across other people, dogs, wildlife, in a situation where you can get to your dog quickly. Taking precautions like this, gives you and your dog a fighting chance to waylay the likelihood of disaster happening.
5. NEVER use the public trails and parks for off leash time. If you do, the chances of disaster increase exponentially.
6. Do not underestimate the value and results of a proper on leash walk. A proper on leash walk is both mentally and physically draining. Add in a proper training session and regardless the breed, they will be drained
This list by no means covers all basis but it does present information for thought and hopefully allows you to make a more informed decision. Again, the purpose is not to tell you what you should or should not do. I write this so you can have some facts and make an educated decision as to whether off leash activity is a liability you are willing to accept for both you and your dog. When tragedy hits, it is too late. Think now and choose your actions wisely. The life of your dog may depend on it.