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Neighborhood report

Dog park ordinance back for 2nd vote

The move comes in the wake of a neighborhood dispute and a lawsuit involving a Palma Ceia Park dog run.

By SHERRI DAY
Published April 15, 2005

TAMPA - Tampa City Council members took the first step last week toward tamping down a neighborhood dispute about a Palma Ceia Park dog run.

In the first reading of an ordinance that would change the city's dog park code, council members voted unanimously to repeal parts of the current code. A second reading is required.

The revision would give the city's Parks and Recreation Department staff the sole authority to determine a dog park's size, location and general operating rules.

The council's decision comes in the wake of a controversy at Palma Ceia Playground and Dog Park. A group of nearby homeowners blames the dog run for noise, traffic, debris and safety hazards. Twelve homeowners sued the city last month. They want the city to close the dog run, arguing that it is smaller than the 1-acre minimum the current code allows.

The dog run's opponents were disappointed with the council's decision.

"They went through a lot of trouble four years ago to decide that it (dog parks) should be regulated," attorney Brandon L. Kolb said. "It surprises us that they would act so quickly to undo what took so long to accomplish in the first place."

Parks and Recreation director Karen Palus said her staff had been working to revise the department's code for nearly a year. The process escalated after the controversy in Palma Ceia, Palus said.

Although Palus would have sole discretion to set standards for dog parks under the new code, she said she would continue to seek community input.

The Palma Ceia dog run opened in 2003, attracting dogs and dog lovers from several neighboring communities. Tensions in the neighborhood escalated last year when a group of residents began logging complaints with police and city officials about traffic and noise. Since then, more than 150 Palma Ceia Park residents have signed a petition to close the dog run.

But last week Seth Nelson, a lawyer who also lives near the park, submitted a 700-signature petition in support of keeping the dog run open. Nelson also filed a motion to intervene on behalf of the defendants in the lawsuit against the city. He represents six Palma Ceia Park residents who want to keep the park open.

"My clients wanted to intervene because they wanted to ensure that their voices would be heard," said Nelson, whose employer, the law firm of Michael P. Maddux, PA, took the case pro bono.

City Council members insisted that last week's vote would have a citywide impact and was not directly related to the Palma Ceia dog park fracas.

"What we're trying to do is recognize that park management issues need to be left to the discretion of the parks director," said council member John Dingfelder, who represents Palma Ceia Park and lives in the area.

In an attempt to quell the neighborhood dispute, Palus has presented residents with three options: The Parks Department could close the dog park, leave it as is or move it closer to the Lee Roy Selmon Crosstown Expressway, away from homes. Palus said she would not make a decision on the dog park until she learns the outcome of the lawsuit and consults the community.

The dog park ordinance issue will be considered again Thursday.

- Sherri Day can be reached at 813 226-3405 or sday@sptimes.com

[Last modified April 13, 2005, 16:44:16]