Larkspur has delayed a decision on allowing off-leash dogs at Piper Park because of liability concerns.
The City Council, which discussed the issue at its meeting on Wednesday, decided to push off voting on a proposed year-long pilot program to allow the practice. The park is next to marshland with federally protected species, and the council wants to analyze the potential legal ramifications.
“One of our responsibilities is to not engage our policies into potential litigation that will cost us resources, time and money,” Mayor Catherine Way said. “All of those resources are your resources, too.”
Currently, dogs have to be leashed in all parks and recreation areas beyond designated dog parks. In November, the Parks and Recreation Commission voted to recommend the one-year pilot program to allow dogs at the park to be off leash from sunrise to 9 a.m.
City Manager Dan Schwarz there were concerns about dogs damaging the tidal marsh on the edge of the park. It is habitat for protected species such as the Ridgway’s rail shorebird, which lives in marshes and swamps and is federally listed as endangered.
Since the commission meeting in November, town officials have determined that allowing dogs off leash in Piper Park is categorically exempt from the California Environmental Quality Act, according to a staff report. However, staff noted that determinations on the act can be legally challenged, and there is a legal risk if a dog damages the habitat or kills a species listed under the Endangered Species Act.
Schwarz noted that the risk already exists, and there is signage posted telling people not to let animals into the area.
“This issue of dogs being off leash doesn’t necessarily heighten the risk that we already have, and in fact one could argue all of the park activities present a risk to the wildlife area and that we always incur this risk,” Schwarz said.
In a letter urging the City Council to reject the program, Barbara Salzman, president of the Marin Audubon Society, said having loose dogs in the park is a risk to the endangered species in the tidal marsh. Salzman noted that marsh birds don’t care what time of day it is, and have to feed when the tide is low.
“Further, terrestrial species use the trees and grassy field in the park. In the winter, flocks of shorebirds use the fields, and woodpeckers, phoebe, juncos and many other species use the habitats,” Salzman said. “It can be assumed that the number of loose dogs will increase as soon as restrictions are limited and that the number of dogs running into the marsh, harassing other wildlife and impacting people, will also increase.”
Councilmember Gabe Paulson asked what the fines and penalties are if the signs are ignored. City Attorney Sky Woodruff said that if a dog injures, harasses or kills a protected species, its owner could be sued by the Environmental Protection Agency or others.
Sandra Guldman, president of the nonprofit Friends of Corte Madera Creek Watershed, said dogs should not be allowed off leash around a wetland area. She said she is in the area several times a week and constantly sees dogs off leash and under little control by their owners — and has seen several dogs in the marsh.
“They’re off leash all the time already,” Guldman said. “I really hope you’ll think long and hard, and if you do decide to allow unleashed dogs in the park, please have rigorous enforcement the entire rest of the day because now it is a free for all.”
Alison Hermance, communications director at WildCare, said in 2024 alone the wildlife hospital admitted 121 animals that were caught and injured by dogs — and those were only the wild animals that could be caught and treated. Hermance said the claim that owners have their dogs under voice control is refuted by WildCare’s intake records.
“We would like to express our ongoing concerns about the proposal to allow off-leash dogs in Piper Park, especially during sunrise, which is a really busy time for wildlife,” Hermance said. “The fact is, a curious dog encountering a fleeing wild animal will naturally disregard attempts at voice control, and a vibrant riparian habitat like the area surrounding Piper Park offers a lot of temptation for dogs.”
Several residents pointed to ongoing litigation between Marin Municipal Water District and environmental groups over a pilot bike program potentially harming endangered species.
Resident Joan Lundstrom spoke against the program, stating the area is not just the playing fields, it’s also a picnic area and walking path. The safety of senior citizens should be considered, she said.
“I think once you open this to unleashed dogs, nobody’s going to be watching their watch, at 9:01 or 9:10 or 9:15, and it will just evolve,” Lundstrom said. “How can you enforce on a consistent basis and also report what is happening on a consistent basis?”
Resident Mark Litwin, a foster parent for dogs, said he has never had an incident with another dog at the parks.
“Everybody has been courteous to me, all the dogs get along well,” Litwin said. “It’s worked out well for me.”
Resident Lee Sterne wrote to the City Council in support of the program, stating it would allow dog owners to enjoy the park with little interference with after-school activities and other park users.
“Piper Park is a wonderful public resource that should be shared among our community,” Sterne said.
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