Wednesday, November 23, 2011
News City Getting Sued Over Cyclist Collisions in Prospect and Central Parks
Posted by Benjamin Sutton on Wed, Nov 23, 2011 at 11:25 AM
While New York City's Department of Transportation continues to make the city's streets safer for cyclists and pedestrians with projects of which everyone approves (well, except this one, this one, this one and this one), the city and its Parks Department are now facing lawsuits over the lack of safety measures around bike routes in Prospect and Central parks.
In Manhattan Nancy Chilton, a 51-year-old cyclist who hit a dog that darted out in front of her during off-leash hours in July of 2011, is suing the city and Parks Department over the lack of adequate rules about where dogs can and can't be. Though the Wall Street Journal offers no news of the canine's condition following the crash, Chilton's injuries required emergency surgery to remove part of her skull, in addition to a fractured pelvis and spine, and permanent hearing damage.
During off-leash hours—such as 5am-9am—which coincide with popular workout times for cyclists and joggers, dog-owners are technically allowed to let their dogs run leash-less almost anywhere in Central Park, including the roads. Of the lax off-leash restrictions, a Central Park Conservancy spokesperson tells the Journal: "I'm not sure why we did not include the park drive." A good solution for Central Park might be to create specific off-leash zones, like those that exist in Prospect Park, which is facing a bike collision-related lawsuit of its own.
Dana Jacks, an actress and resident of Windsor Terrace who was injured in a collision with a cyclist in June on West Lake Drive, is preparing to sue the city to the tune of $3 million, the Brooklyn Paper reports. Her injuries from the accident included "a fractured skull along with face and brain trauma that kept her in the hospital for 25 days." Jacks’s preliminary legal documents place the blame on both the Parks Department and the NYPD for "careless and reckless" enforcement of traffic laws inside the park.
Earlier this month another pedestrian was gravely injured in a collision with a cyclist in Prospect Park, and had to be put into a medically induced coma. As a result of these and other accidents, last week the Department of Transportation installed traffic cones on West Lake Drive, where cyclists go the fastest, but those present problems of their own. The Times, meanwhile, goes Post-al, blaming dramatic increases in bike ridership for these and other accidents.
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Though I am quoted in this November 22, 2011 Wall Street Journal article, “Central Park Leash Policy Questioned,” space limitations prevented my full comments from being reported. I write this as both president of NYCdog and as an avid user of Central Park.
There are approximately 1.4 million dogs in New York City. While dog ownership has increased sharply, reported dog bites have declined to record lows. New Yorkers have become more cognizant, and more responsible, with regard to dog ownership. Landlords, condos, and coops are progressively more pet friendly; recognizing that allowing pets is good business and promotes community.
Four years ago, NYCdog and the NYC Parks Department joined to fight a lawsuit initiated by an anti-dog civic association that sued the City in an effort to end the semi-official off-leash policy that had successfully existed for nearly twenty years. We won in NYS Supreme Court. Following this, the Parks Department and Health Departments initiated further review and each voted unanimously to make the off-leash policy official in the city. The history of the case, including the testimony and statements of the two City departments can be found at our sister site: NYCoffleash (dot) com.
The Parks Department reviewed their parks and elected to make 88 off-leash. After a group of responsible dog owners in Red Hook worked with their community board and civic leaders, another park was added to the list.
The policy allows dogs to be off-leash from 9 pm to closing and from opening to 9 am in those parks. But dogs are only allowed in limited areas. Playgrounds, preserves, ballfields, gardens, etc. are permanently restricted to leashed dogs, or no dogs whatsoever.
There are 3,600± parks in NYC, and while many are de minimis in size, there are only 89 off-leash parks and approximately 55 enclosed dog parks in the system. Enclosed dog parks are expensive to build and require precious land that is unavailable in many communities where parks are few or too small.
Though each was designed by Olmstead and Vaux, Central and Prospect Parks are quite different.
Prospect Park gets approximately 9 million annual visitors and users. The off-leash areas include the Long Meadow; the longest urban meadow in the United States. Dog owners respectfully share the park spaces. In fact, each weekend morning, from 6 to 9 am as many as 1,000 dogs (with their owners) romp off-leash in the Long Meadow. At 9 am, the local police and PEP (Parks Enforcement Policy) toot on their loudspeakers that off-leash is ending. The clicking of leashes can be heard throughout the park. Dog owners pick-up and clean-up after their dogs and turn over the designated off-leash areas to ball players, picnickers, and other users. While some irresponsible dog owners break the rules, the overwhelming majority adhere to them. Through FIDO, the NYCdog dog owner group in Prospect, dog owners work to self-enforce the rules, donate to maintain and upgrade the park, and to help one another when in need.
While we would like to enjoy similar expansive off-leash fields as those in Prospect Park, we must recognize the realities. Central Park is both a tourist attraction and neighborhood park. It is the most visited park in the United States with over 38 million annual visitors and users. This exceeds the number of visitors to Disneyworld!
Central Park is 845 acres of which 150 acres is in 7 water bodies, 250 acres are lawns, and 136 acres are woodlands. There are 26 playgrounds, Tavern on the Green, the Boathouse, Metropolitan Museum of Art, Dairy, and numerous other areas where dogs are never allowed. Fact is, off-leash is limited to slivers of land adjacent to programmed uses as shown in the official Conservancy map: (shortened here for ease of access) http://tinyurl.com/6pamzkr These off-leash areas are often adjacent to the 6.1 mile loop road that circles the park.
The Central Park Conservancy’s “Report on the Public Use of Central Park” states that of the 38 million annual visitors, 4.3 million are walking their dogs; the largest use-specific use of the park. For those of us who reside in neighborhoods surrounding the park, it is our backyard. And please remember, dog owners are taxpayers. At the end of every leash is a voter.
Constructing enclosed dogs parks in Central Park is economically and logistically unfeasible. Our study revealed that eight large (1+ acre) dog parks would be required to adequately serve the dog owners who regularly use the park. The only alternative is the successful off-leash program that has worked well for nearly 25 years.
Many civic and citizen groups have called for the total prohibition of cars on the Central Park loop roads. We agree. Closing the roads not only would comport with Mayor Bloomberg’s intelligent proposals to limited vehicular traffic entering Midtown, but it would have the added benefit of returning 22+ acres of roadway to recreational and park use.
Demised bike lanes, runner lanes, service lanes, and pedestrian lanes would resolve many of the issues raised in this article. Runners with dogs could continue to run with their leashed dogs. This is not only respectful of other park users, but it is safer for our beloved canines.
When Central Park was designed, it did not include ballfields and most of the other sports fields and spots that help to make the park special. It also did not include motor vehicle roadways (for obvious reasons). Over time, as passive use lessened and active use increased in popularity, the park was modified to accommodate these changes while still retaining its magnificence.
The rebirth of New York City and the renovation of Central Park are two of the hallmarks of the latter part of the 20th Century. At the beginning of the 21st Century, eliminating vehicular traffic from the park is the logical next step in making our city livable.
While the rules may permit off-leash dogs to romp on the roadways, this is not safe, practical, or respectful of other park users. Just as we expect cyclists to remain off sidewalks, we dog owners should keep our dogs safe by keeping them out of roadways.
The problem of speeding cyclists is another issue and one that deserves attention. Cyclists can, and should be able to use the park. For speed cyclists, this may require specific times when this is permitted. For recreational users and commuters designated lanes free of all non-cyclists is the solution.
Pitting cyclists against dog owners is unproductive. Many cyclists are dog owners. All are entitled to use the park while complying with the rules. And where rules need modification, the Conservancy should continue to work with users and groups to make them workable.
NYCdog is the New York Council of Dog Owner Groups. We are comprised of entirely-volunteer groups of dog owners centered on parks scattered throughout the City. Collectively we represent over 50,000 dog owners who, through their respective groups, donate many thousands of hours and dollars to help maintain and improve our parks.
Bob Marino
President
NYCdog.org
NYCoffleash.com
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dislikeA big part of the problem with bicycle-pedestrian interaction in the parks is that the pavement markings only apply for the times when cars are in the park, with other rules for the rest of the time. Unfortunately these rules are not posted on the roads where people can see them but in signs at the entrances of the parks away from the roads. I'm sure that most cyclists, especially from out of town riding rented bikes, have no idea that when the cars are not there the road is for bikes and the bike lane is for joggers and insist on following the road markings that the bike lane is a bike lane for bikes to ride in, hence conflict.
Perhaps making the road markings clearer or eliminating using the park roads as a cut-through for cars all the time would result in a little more harmony between park users.
My Son and I last weekend enjoyed our first time in the park together. My son and I decided to go to the big lawn to play and the lawn was fenced off. while standing on the pathway next to the big lawn my son was holding a ball, a mix breed pit bull looking dog jumped at my son causing him to fall backwards on his back and hit his head on the fence. Even though the dog was on a leash he still managed to hurt my son. My son is afraid to enter the park because of these types of vicious large dogs. Can there be a designated location for families to go to and use the park, not just playground areas basketball courts without worrying about dogs. Animals are unpredictable and I understand that it’s difficult to control which breeds can enter the park. But would it not be a good idea to have some pathways and lawn areas restricted to dogs? I live next to central park for many years and have seen the dog numbers grow rapidly. Will it take a child seriously getting hurt before the city reacts?
