Dog fight brewing on leash law

When Ann Dorfman takes her dog out for a walk, she lets him off his leash in her neighborhood park. She knows it's illegal but believes she must give Gandalf, her ''high-energy" 10-year-old mixed breed, a chance to romp, she said.

Dorfman is lobbying fiercely to have that freedom, which she says should not bother anybody, codified into city law -- an idea that has not always received a sympathetic audience.

''Over my dead body will there be off-leash dogs in the parks," Alderman Leonard Gentile said about Dorfman's proposal, which would allow dogs to run free in playgrounds and parks during specified hours.

Those stark positions will figure in a face-off this fall over whether to change Newton's strict leash law, which requires dogs to be restrained outdoors all the time. The Off-Leash Dog Park Task Force is considering proposals to present to the Board of Aldermen.

Local officials have been struggling for more than eight years with how to handle the city's canines. In the end, the decision could be to do nothing at all.

That's because passions on both sides run high.

Dorfman acknowledged that she flouts the law by letting her dog loose in her neighborhood park.

''I really felt I had to choose between being a good dog owner and a law-abiding citizen," Dorfman said. ''That made me uncomfortable." She said many other dog owners are in the same situation.

Since the city has had few incidents involving off-leash dogs, some owners want to keep things the way they are. But some said they are tired of being scofflaws.

Dorfman advocates an ordinance that would allow dogs to run free at specified hours, perhaps early in the morning and from noon to 6 p.m., in playgrounds and parks.

The founder of NewtonDogs, a loosely organized lobby that claims more than 200 participants on an e-mail list, Dorfman said she believes dog owners have as much right as any other resident to use public spaces as they see fit.

Dorfman, who started the organization eight years ago when officials starting pondering new regulations, said most dog owners would treat the right responsibly.

Dorfman acknowledged some dog owners don't control their dogs and any dog can have a bad day.

''On some level, dogs are like a 3-year-old in a grocery store," she said. ''Every now and then, they are going to throw a tantrum, and the mother's going to be mortified."

But she said most dogs can be trained to respond to commands and not bother or hurt others.

''The fear that if we take our dogs to public spaces that something terrible will happen is misguided," she said.

But Gentile said incidents involving dogs running free in the city prove off-leash advocates wrong.

In three incidents over eight days about a year ago, Gentile said, dogs bit a 10-year-old in the groin and knocked him to the ground; bit a 13-year-old on the hand; and attacked and nearly killed another dog. Gentile said he found the examples by examining dog officer records.

Gentile said he does not buy the argument that dog owners want to become law-abiding citizens, and therefore the law should be altered to accommodate them.

''I'm not sure it's good public policy to change the law to make it conform to the way they're abusing it," he said.

Duncan, a 7-year-old basset hound, is just as happy to lie around rather than run free, according to his owner, Brenda Loew. But she said she likes to let him play off-leash with other dogs.

Loew said she lets Duncan loose at the playground near her home but never when there are organized activities, such as soccer games, or when preschoolers are playing there. Loew said most dog owners stay away from athletic events, young children, and people who are afraid of the animals.

She said she believes the law should stay the way it is.

''If the city officially makes Newton an off-leash destination, we'll have people coming from Boston and other suburbs," said Loew, who is a candidate for alderman.

One option is to create dog parks where dogs can run free any time or during specified hours -- a proposal supported by Gentile.

''My sense is that there's a strong majority on the board that believes it certainly makes sense to see if we can identify an area or areas and start some kind of program for a dog park, so dog owners have a place to go," he said.

Neither Dorfman nor Loew agrees.

In other communities with such facilities, neighbors complain about the possible health hazards when owners fail to pick up after their dogs; extra traffic at all hours around the sites, with out-of-towners possibly taking advantage of the space; and the constant barking.

Loew also pointed out that the city might have unforeseen liability in the event of a dog-related attack or an accident.

''You'll just have this big mess on your hands," she said.

Aldermen must also decide whether to restrict certain aggressive breeds and to require training of unruly dogs.

At present, there is not even a consensus on how many dog owners live in the city. Dorfman puts the number at 6,000. The city clerk's office reports 1,090 dogs registered with tags.

Alderman Susan Albright, chairwoman of the Off-Leash Dog Park Task Force, agreed that future discussions could get ''sticky." But, as a former member of the School Committee, she is accustomed to controversy, she said.

Her goal is to present a proposal before November, so the current board can make a final decision. But that could be tough.

Dorfman said aldermen would need considerable time to learn enough about the issues to vote on an ordinance.

''I'd be thrilled if they could come up with one before [the election], but I think that would be a challenge," she said.

Albright said the task force would be meeting twice in September.

The Police Department's two full-time animal control officers are waiting for guidance. Police Superintendent Robert F. McDonald said the department is ''neutral" on the issue but simply wants to ensure public safety.

''It doesn't seem like there's an easy solution," McDonald said.

Connie Paige can be reached at cpaige@globe.com.