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We as a community of dog owners have been using Lighthouse Field and Its Beach with off-leash dogs for over 50 years. We encourage you to continue using the Field and Beach as you always have during regular "compromise" hours: Prior to 10:00am and after 4:00pm for both Field and Beach.
Avoiding citations:
Use common sense. Avoid tickets, don't try to get them. Avoid rangers, don't try to confront them. Rangers drive around in jeeps and trucks -- learn to identify the white ranger trucks (marked "Ranger") from the white maintenance trucks (marked "Maintenance") which typically have large drawers and gardening supplies. State Park maintenance workers do not give tickets -- neither do City workers or City police. Be polite -- chances are the ranger will just ask you to put your dog on a leash. A park ranger may give you a warning and record your name. It is important that we remain polite with the rangers as they are in the tough position of having to enforce a bad policy at the State level. And a polite exchange is much more likely to reduce the chances of you getting a ticket.
Bring a leash with you and leash up if they direct you to do so. We anticipate very thin coverage of State Park rangers due to severe staffing constraints. This works in our favor. Warn other dog owners if you spot a State Park ranger approaching and leash up if another dog owner warns you about an approaching ranger.
Who can issue an off-leash citation in the park?
Only an official State Park ranger. No one else is authorized to do so.
Will anyone try to take my dog?
No.
Our understanding is that dogs would only be picked up if they bite or present an immediate public danger. You won't be arrested, it's just a ticket.
Is this a crime?
No.
It's just a ticket, like jaywalking. (Except that jaywalking creates a traffic hazard, while the community presence in Lighthouse Field and Its Beach provides a public safety benefit.)
What court handles the citation and appeal?
The Traffic and Infraction window in the County Courthouse basement on Water Street. You can ask there how to appeal the citation and get a court date.
Should you contest the citation?
We would like to see every citation contested, but that decision is up to you. It takes time and effort.
If under the unlikely case you get a citation:
Let FOLF know if you get a citation:
- date
- time
- location
- officer's name and so on
Send FOLF this information to info@folf.org
If you do contest your citation, please let us know the details (court date, etc.) At this time we can't promise to do anything to help, but at least we can track what happens.
Ranger resources are very limited. If you contest a citation, a State Park ranger needs to be at the hearing. If the ranger does not attend, request the judge to dismiss the citation.
Points you might want to bring forward while contesting a citation are:
a. Any error or omission in the issued citation: Is the date or time wrong? If you had your dog ON a leash by the time you received the citation, did the ranger have a clear unobstructed view of the alleged infraction? Were signs unclear or missing?
b. Unclear delineation of Its Beach: FOLF has been told by the Director of Parks and Recreation for Santa Cruz and the State Parks District Superintendent that a percentage of Its Beach is owned by the City. If you get a ticket on Its Beach, you could argue that as far as you know you were on the City side of the beach. If this is contested by the State Parks, you could request evidence of any specific State Park signs designating the State Parks side of the beach from the City-owned beach. Did the ranger know exactly where the boundary is?
c. Ask for a reduced fine and/or community service: If this is a first offence and you were polite and cooperative, you may get a reduced fine. If you have difficulty paying you may be able to ask for community service hours instead. You can do these at many nonprofit organizations in town. FOLF will sign hours for you if you want to spend your time cleaning up the Field. You'll need to tell the Judge you want to work at Lighthouse Field and that FOLF will sign off hours. If you are assigned community service hours through FOLF, contact us immediately at info@folf.org.
The above statements only provide some food for thought and in no way are they intended as legal advice or to substitute for the advice of a qualified attorney. This document is preliminary--a volunteer task force is currently researching issues and alternatives. Stay tuned for more details as the situation unfolds. Woof!
Updated 11/10/07
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