Comments unleashed over Keene law proposal
KEENE — The second public hearing on a proposed new dog control law for the town of Keene was this week. The proposed law is titled “Comprehensive Dog Control Law of the Town of Keene.”
As was true at the previous public hearing on the law, held Jan. 14, emotions ran high, and once again no decision was reached as to the adoption of the new law.
The most controversial part of the proposed law remains “Section 9-Leash,” an all-inclusive leash law for the town.
The proposed law defines a dog “at large” as a dog unleashed anywhere in the town of Keene on public property or on private property without permission. The leash must measure no longer than 12 feet.
The jail penalty — up to 15 days — for dog owners whose dogs run “at large” also raised controversy.
Attorney Noreen McCarthy, a retired federal prosecutor and Keene Valley resident, explained to the board and to the hearing attendees that a jail sentence stipulated in the proposed law criminalizes the act of having a dog off-leash.
“This is in violation of the New York State Constitution,” she said. “If the result is only civil penalties, I don’t think that’s a problem.”
Deputy Supervisor Robert Biesemeyer responded, expressing interest in what kind of language should be used.
Several of the 10 attendees voiced reactions against the proposed leash law.
“Look at this law,” McCarthy said. “Do we really need this? I think people should be able to throw a ball, let their dogs go in the brook … This law criminalizes such harmless conduct as throwing a ball for your dog on Marcy Field or skiing with your dog off-leash on the Jack Rabbit trail … Why are we hurting so many people (dog owners) in this town when we already have a leash law?”
Dan Plumley spoke from the floor, pointing out that the summer residents are not in town in February, and that their voices should be heard before adopting a leash law that would affect them and their enjoyment of recreation with their dogs. Plumley suggested more signage and education as well as designated areas where dogs could exercise and play off leash.
“I encourage moderation,” Plumley said.
Both Rusty Hall and Jeannie Cross, who attended the Jan. 14 hearing, were present to support the proposed leash law. Both also conceded that space might be allowed for dogs to run off leash.
“My goal is public safety,” Hall said, adding that the proposed leash law would give the town “more teeth to do its job.”
“Are we saying dogs have precedence over people?” He asked, but added “Keene encompasses a huge area … I’m not against areas where dogs can run free.”
Biesemeyer said, “(Trustee) Ann Hough and I don’t see problems. I just don’t see a problem.” He and fellow board member Hough both live on roads heavily traveled by dog walkers — Hulls Falls and Gristmill — and “We haven’t seen any problems.”
People like to throw a stick for their dog and let their dog go in the river to cool off, he said. “Take the law in existence and have Emily (the dog control officer) enforce it.” He suggested designating certain areas and roads within the hamlets where the stricter leash law could be in effect.
“We haven’t done enough to educate people,” Hough said. “We need signage.”
She endorsed the idea of “defining hamlets where a leash law should be in effect.”
Board members present at the Feb 18 hearing were Supervisor Joseph P. (Joe Pete) Wilson, Biesemeyer, Hough, and Teresa Cheetham-Palen. Town Clerk Ann Whitney was also present.
Wilson has been a strong proponent of the proposed law, which, if adopted, would replace the existing Local Law Number 1 for 1998. Wilson cited problems arising from increased activity in Keene, including Airbnb renters, visitors who do not want to leash their dogs, illegal camping, trespassing and “campers parked everywhere.” He told the gathering that dogs off leash are a big part of the problem.
“The leash law is a more secure way of alleviating the problem,” Wilson said.
Under the 1998 law, “The exception would be for a dog at large that has “not caused damage or destruction to property” and has “not chased or harassed any person causing intimidation or reason to fear bodily harm or injury.” These exceptions are not included in the new law.
According to the proposed law, “No dog shall be deemed to be at large if it is: held on a leash not exceeding 12 feet in length; a police work dog in use for police work, or accompanied by its owner or other responsible person and is actively engaged in hunting or training for hunting on unposted land or on posted land with permission of the owner of the land.”
The board plans to vote on the adoption of the law at their regular bi-monthly meeting Tuesday.