N.J. Men Spar Over Dog's Bathroom Habits

AP ^

[Dallas]

LEONIA, N.J. -- There's a dispute going to court in New Jersey over what can politely be called the disposal of canine waste.

Rick Heckman is accused of trespassing with his dog Shiner on William Ramos' narrow strip of grass in front of his home. Shiner apparently left a calling card behind.

Ramos says there is an ordinance in Leonia that a dog owner must get the property owner's permission before the dog is allowed to do what it needs to do.

Heckman says the strip of grass is a public right-of-way.

A prosecutor says there is some logic to Ramos' claim that he owns the grassy strip. The town requires him to mow it.

The case goes before a municipal judge January 14th.

[Dallas]

The first step towards world peace.....

[Dallas]

.

[Dog Gone]

A prosecutor says there is some logic to Ramos' claim that he owns the grassy strip. The town requires him to mow it.

A check of the Deed Records would clear this up in about 2 minutes.

I think it's incredibly likely that Ramos owns it, and the pooper offender is in trouble.

[Temple Owl]

Sounds like a lot of crap to me. He should sneak the dog over there when Ramos is not home and then blame everything on the neighbor's dog. That what a good democrat would do.

[Coleus]

http://www.northjersey.com/cgi-bin/page.pl?id=6160137

Legal minds ponder the status of dog doo

CHRISTINA JOSEPH


LEONIA - Where to poop, or not to poop? That is the question fueling a court battle between two borough residents who had a run-in over doggy doo.

The dispute is the talk of the town, prompting dozens of postings on a local Web site, increased attendance at Borough Council meetings, and a sudden interest in section 95-32 of the municipal law book.

The underlying legal issue, which was far from the mind of Shiner the hound on Nov. 4 when he did his business, is whether the grassy strip between the sidewalk and the curb is public or private property.

But the issue to Shiner's owner, who faces a court hearing before the municipal judge later this month, is simpler than that.

"If he rules against me, it effectively outlaws dog walking in Leonia," said Rick Heckman.

It all started on Nov. 4 when Heckman was walking Shiner on Glenwood Avenue on the way to Wood Park. Around 8:45 a.m., Shiner picked a spot in front of William Ramos' house - on the now controversial strip of grass.

What seemed like the right spot to the hound has now turned out to be the wrong decision for his owner, who says he has spent $800 so far defending himself against charges that Shiner defecated on private property without the owner's permission.

"I had to pay $300 for a transcript, and I had to hire a lawyer for this," said Heckman during a telephone conversation this week. "It's been very stressful worrying about this."

Ramos could not be reached for comment Thursday or Friday.

But he filed a complaint that Heckman violated the Leonia code with respect to "disposal of canine waste." Specifically, Ramos cited a portion of the law stating that "permission of the owner of private property'' must be obtained before a dog is permitted to defecate there.

If Judge John DeSheplo rules that the land is indeed private property, he could fine Heckman.

No one disputes that after Shiner relieved himself on the grass that fateful day, Heckman placed the feces in a bag in compliance with another part of the law.

The dispute is over Ramos' claim that the grassy area is his property.

The municipal prosecutor and others acknowledge that there is some logic to his claim.

After all, the town mandates that he mow the spot.

But Heckman argues that most people are under the impression that the grass next to the curb, like the sidewalk, is part of the public right of way. Both are commonly used by dogs, depending on their choice of footing.

Municipal Prosecutor Mark Fierro, who sees the logic of both sides, said the case, which could be resolved at a Jan. 14 hearing, may decide once and for all what is public property.

DeSheplo ruled on Nov. 12 that there is enough evidence for the case to proceed, and he heard testimony Dec. 3.

Heckman, who said he had never met Ramos before a verbal confrontation the day of the incident, said he has received a lot of support from residents surprised that the case was still being pursued. In fact, a number of residents called the case "an assault" on dog owners and attended the Dec. 23 Borough Council meeting to plead Heckman's case.

Mayor Paul Kaufman said this week that it would be "inappropriate" for the council to take a position on the case. However, the council did authorize Borough Attorney Brian Chewcaskie to submit documents to the court regarding Glenwood Avenue, including the tax map.

"We just want to make sure we clarify it," Kaufman said.

"What this has made us do is revisit the ordinance," he said, adding that he might want to take a second look at several aspects of the law. "I've got a problem with allowing people's dogs to poop on sidewalks. It's unsanitary, and it spreads germs."

As for Glenwood Avenue, Chewcaskie said papers he sent Thursday to the court indicate that the entire width of the right of way is 60 feet. According to the tax map, the "paved portion" of the street from curb to curb is 35 feet 6 inches, which leaves an additional 12 feet 3 inches of additional right of way remaining on each side.

"It would appear the area in question is the public right of way," Chewcaskie said of the grass strip. "But that's still up for the court to decide."

[Coleus]

[Coleus]

http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjcxN2Y3dnFlZUVFeXkzJmZnYmVsN2Y3dnFlZUVFeXk2MzM0NjU0

Sidewalk, grass strip, even street are private property
Wednesday, January 29, 2003

By CHRISTINA JOSEPH
Staff Writer

JOSEPH DESHELPO
If you plan on walking your dog in Leonia, tell the pooch to hold his poop.

Leonia's municipal judge ruled Tuesday that without permission from a homeowner, a dog cannot defecate on the sidewalk, or even the strip of grass or the street in front of the home - whether or not the dog walker cleans up the mess.

"This means dogs will have to wear diapers or we'll have to teach them to use a toilet," quipped Louise Sherman, who went to court to support Rick Heckman, the defendant in a case that galvanized dog walkers and had the judge researching several hundred years of law.

The case dates to Nov. 4, when homeowner William Ramos accused Heckman of violating town law when his hound, Shiner, relieved himself on the strip of grass between the sidewalk and curb in front of Ramos' lawn. The judge on Tuesday found Heckman guilty, though he did not issue a fine.

But does this mean Leonia's police will be issuing tickets every time a dog lifts his leg?

Police Chief August "Chip'' Greiner says no.

"It was just an unusual situation and I don't foresee any other situations presenting themselves because of the ruling," said Greiner. "We'll just continue on as we have in the past."

Ramos welcomed the ruling. However, he said his focus has always been on a dog owner's responsibility. He said that it would be more sanitary if dog walkers put down paper in public areas before the animals relieve themselves.

"When I had a dog, I left a place for him on my lawn," Ramos said. "It's not an impossible situation."

Dogs can still do their business on their owners' property or, as long as the walker cleans up the mess, in parks.

But because the Leonia ordinance on "canine waste'' prohibits a dog from using private property without an owner's permission, the case focused on whether the grassy strip or sidewalk is private property.

Seemingly the entire town was awaiting Judge John DeSheplo's verdict since a trial last month. Dog lovers flooded a Web site on municipal affairs with e-mails. Heckman's supporters held a fund-raiser at a restaurant to pay his legal expenses. No one batted an eye Tuesday when DeSheplo sentenced a man to community service for public urination, but when Heckman's case came up, everyone was listening.

DeSheplo, who joked from the bench that his legal career was about to be "decided'' on doggy doo, said he spent three weeks researching the case on a legal database. "It was a decision that needed to be decided," said the judge.

He said he based his verdict on English common law, which dates to the pre-Colonial era and is considered the foundation of much American law. He said that when the government required that landowners install curbs and sidewalks near streets and highways at their own expense so people could walk safely, the ownership became essentially theirs. Even, he said, if the area is considered a public right-of-way. He said that when dog waste is at issue, a homeowner's property line extends to the middle of the street.

"The only way to change that is by legislation," he said from the bench in Fort Lee Municipal Court, where he also presides.

Heckman's supporters say he followed dog-walking etiquette by cleaning up the mess. And his wife, Kathy Sommers, said she wants to petition the Borough Council for an ordinance change.

Leonia Mayor Paul Kaufman declined to comment until he has a closer look at the ruling, since it could have some "serious ramifications and ripple effects."

But Councilman Christopher LaBianco said the council may revisit the law. He believed it was the council's intention - when crafting the ordinance - that the sidewalks, grass strip, and curb are public property. "The borough can't be in a situation where you can't walk in front of somebody's house," he said.

Attorney Randy Grossman, who defended Heckman, said DeSheplo's ruling is inconsistent with a traditional reading of real estate law. "Maybe municipalities will now say we don't have to do street sweeping and snow removal because private property now runs into the street," he said after court.

Grossman said his client is considering an appeal to state Superior Court in Hackensack.

Ramos said he just wants to be left alone. As a result of the case, he said, he has been harassed. He said someone even deposited dog waste in his driveway in what he thinks was a retaliatory act.

"This is a quality of life issue," he said.