C O U N C I L R E P O R T Agenda Item 5.2 24 June 2010

ROYAL PARK DOG OFF LEASH TRIAL

Committee Future Melbourne (Eco-City)

Presenter Cr Oke

Purpose

1. The purpose of this report is to propose revised boundaries for dog on leash, dog off leash and dog prohibited areas in Royal Park.

Consideration at Committee

2. As a result of consideration at Committee, the Future Melbourne Committee:

2.1. adopted a revised map showing boundaries for dog on leash, off leash and dog prohibited areas in Royal Park;

2.2. requested the following changes be made to the report submitted to Committee:

2.2.1. delete paragraph 19.3 which reads, ‘the Australian Native Garden becomes a leash from dog prohibited’;

2.2.2. renumber paragraphs 19.4, 19.5 and 19.6;

2.2.3. add a paragraph 19.5 which reads, ‘the area to the north of and up to 10 metres south of Macarthur Road shared trail remain on leash to minimise potential conflict between cyclists and off leash dogs’; and

2.2.4. add a paragraph 19.6 which reads, ‘retain a 10 metre on leash zone in the following locations: along the alignment of the southern pathway running between Gatehouse Street and MacArthur Road (abutting the Royal Children’s Hospital Buffer Zone); along the Gatehouse Street pedestrian footpath; and along the Avenue and Australian Native Garden frontage’.

3. The revised map and report form Attachment 1 to the Council report.

Recommendation

4. That Council:

4.1. approve the revised boundaries for dog on leash, off leash and dog prohibited areas in Royal Park and Committee report as identified in Attachment 1 to the Council report;

4.2. make an (“Order”) pursuant to Section 26(2) of the Domestic Animals Act 1994 including existing on leash, off leash and dog prohibited areas in parks, gardens and reserves in the Council district incorporating the revised boundaries within Royal Park, and publish the Order in The Age and the Victorian Government Gazette;

Council Report Attachment: 1. Revised Committee Report and Map

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4.3. continue the annual bird surveys in Royal Park, with advice to be given to a Future Melbourne Committee if a significant decrease in birds is reported 12 months after these amendments have been made; and

4.4. request management investigate dog prohibited signage in wetland areas.

F U T U R E M E L B O U R N E C O M M I T T E E R E P O R T Agenda Item 5.2 8 June 2010 ROYAL PARK DOG OFF LEASH TRIAL

Portfolio Eco-City

Division City Design

Presenter Rob Adams, Director City Design

Purpose

1. To propose revised boundaries for dog on leash, dog off leash and dog prohibited areas in Royal Park.

Recommendation from management

2. That the Future Melbourne Committee recommend that Council:

2.1. approve the revised boundaries for dog on leash, off leash and dog prohibited areas in Royal Park as identified in Attachment 1; and

2.2. make an (“Order”) pursuant to Section 26(2) of the Domestic Animals Act 1994 including existing on leash, off leash and dog prohibited areas in parks, gardens and reserves in the Council district incorporating the revised boundaries within Royal Park, and publish the Order in The Age and the Victorian Government Gazette.

Background

3. The Domestic Animals Act 1994 (“the Act”) provides for management of dogs in public spaces. The aims of the Act are to promote responsible ownership of dogs and cats and protect people and the environment from feral and nuisance dogs and cats. It allows Councils to make the decision to designate an area off leash. A Municipal Order under Section 26(2) was adopted by Council in August 2000 to give legal effect to dog leashing in the City of Melbourne.

4. Council can make available some areas where dogs are permitted to be exercised off leash. The off leash areas are provided on the condition that the owner remains in effective voice or hand control of the dog. Under the Act Council can also establish areas where dogs are prohibited.

5. The existing conditions for dog on leash, off leash and prohibited areas in Royal Park are shown in Attachment 2.

Key issues

6. Revised dog off leash areas for Royal Park were approved by Council on 29 July 2008 following two years of planning, consultation and debate and the Order was amended to reflect these changes in December 2008.

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7. At its meeting on 29 January 2009 Council moved:

1. That Council request that officers implement a 6 month trial of dogs off leash from 7am-9am around (not in) that area known as the ‘grassland circle’ in Royal Park, evaluation of the trial allowing dogs off leash and a further evaluation of the present off leash areas known as the gully habitat.

8. The trial commenced on 13 March 2009 for six months and was extended until November 2009 to allow assessment of use patterns with warmer weather and lighter days. Enforcement and management arrangements have remained as per the trial since.

9. The trial was monitored independently by specialist animal management planning consultants who provided a report on its outcomes with recommendations for future management.

10. The following observations were made:

10.1. Weather – park use was highly dependant on the weather, increasing with rises in temperature;

10.2. Time – there was very little use in the early hours (i.e. 7.00-7.30am) but more use

between 7.30-9am. Time based use is very problematic and only an option of last resort in highly used spaces;

10.3. Precedence – once one dog owner had their dog off leash during the on leash times,

it appeared to result in others taking their dogs off leash;

10.4. Compliance – very low levels of compliance with the leash requirements outside the trial off leash times;

10.5. Responsible behaviour – little or no problem behaviour by dogs and their owners at

any time despite non compliance with the leash requirement;

10.6. Traffic hazards – no instances of dogs running out onto roads;

10.7. Dog owners’ activity – Dog owners mostly walked laps around (but outside) the grassland circle on the path; and

10.8. The area known as the ‘gully habitat’ was not frequently used for off leash activity

and therefore presented no notable management issues.

11. Given points 10.3 and 10.4 and the observations outlined, it is management’s intention to increase active enforcement.

12. The consultants recommended that the trial area was ideal for use as an off leash area due to its current popularity for such use, its accessibility to surrounding residential areas, limited conflicts with other park uses such as playgrounds and sports fields, few problems observed. Additionally, its large size means dog activity is dispersed over a bigger area.

13. However, in determining revised off leash areas the impact of dogs on other important park

values needs to be considered. Royal Park and the grassland circle have documented ground nesting bird habitat which is potentially vulnerable to uncontrolled dog activity.

14. Finding a balanced and fair solution to the issue of dogs off leash in open space is complex.

15. From previous community engagement and recent community interviews undertaken we know that there is a fairly even division of community opinion between those who support and those who oppose off leash activity in Royal Park.

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16. The Royal Park Master Plan (1998) provides recommendations for the development of the grassland circle area. The grassland circle forms one of three special planted features in Royal Park, which are designed to enrich the character of the Park, create major attractions for visitors and make significant contributions for habitat for native birds and other animals. Specific recommendations include:

16.1. open grassland should be established on the hilltop of Royal Park south at the Circle,

within the circular pathway with the long-term objective of re-creating native grassland;

16.2. the short term-priority should be to maintain its sense of openness;

16.3. the entire area within the circular pathway should be treated consistently, although

subtle variations in the species mix would be appropriate in response to variations in soil and drainage; and

16.4. species should be selected that most suit soil conditions and that allow casual

pedestrian access through the area.

17. This recommendation also maintains the direction of the 1987 Royal Park Landscape Development Plan.

18. Implementation will include: 18.1. effective communication and enforcement of the Order;

18.2. further development of ‘the grassland circle’ as per the 1998 Royal Park Master Plan as a special planted feature; and

18.3. introduction of signs and an education program to raise awareness of bird habitat values and encourage responsible dog management in Royal Park.

19. Key Proposed dog management zone changes include:

19.1. the area surrounding the grassland circle and including the concrete pathway becomes off leash;

19.2. the grassland circle remains on leash; 19.3. the current Flemington Road off leash area (west of the tram line) becomes on leash; 19.4. the Buffer Zone (dog prohibited area) for the Royal Children’s Hospital is realigned

to match existing pathways; 19.5. the area to the north of and up to 10 metres south of Macarthur Road shared trail

remain on leash to minimise potential conflict between cyclists and off leash dogs; 19.6. retain a 10 metre on leash zone in the following locations: along the alignment of the

southern pathway running between Gatehouse Street and MacArthur Road (abutting the Royal Children’s Hospital Buffer Zone); along the Gatehouse Street pedestrian footpath; and along the Avenue and Australian Native Garden frontage; and

19.7. all other areas remain as per the current arrangements.

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Attachments: 1. Revised boundaries for dog on leash, off leash and dog prohibited areas in Royal Park 2. Existing conditions for dog on leash, off leash and prohibited areas in Royal Park

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Time frame

20. It is expected the review of dog off leash areas will be finalised by July 2010.

Relation to Council policy

21. This recommendation is consistent with the Royal Park Master Plan (1998).

Consultation

22. Extensive community consultation was undertaken on this issue in 2007-2008. Limited consultation was conducted with park users in the assessment of the trial in 2009. This issue and the suggested recommendations contained in this report were referred to the City of Melbourne Parks and Gardens Advisory Committee in April 2010.

Finance

23. Changes to park signs to reflect the new off leash areas will be accommodated in operational budgets for park signage in the 2010-2011 budget cycle.

Conflict of interest

24. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.

Legal

25. The subject matter of the report and the recommendation are within the objectives and functions of Council as set out in the Local Government Act 1989.

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AUSTRALIANNATIVE GARDEN

POPLAR OVALPROPOSED NEW AREA

EXISTING McPHERSONS FIELDTO BE RETAINED

BILLABONG

WETLAND

BILLABONG

AUSTRALIAN NATIVE GARDEN

WETLAND

EXISTING McPHERSONS FIELDTO BE RETAINED

POPLAR OVALPROPOSED NEW AREA

ROYAL PARK DOG OFF LEASH AREASPROPOSED JUNE 2010SCALE 1:3000 AT A1 / 1:6000 AT A3

DOG OFF LEASH AREAS

NATIVE GRASSLAND

DOG PROHIBITED AREAS

ALL OTHER AREAS AREDOG ON LEASH

KEY

BUFFER ZONE FOR NEW HOSPITAL

Attachment 2 Agenda Item 5.2

Future Melbourne Committee 8 June 2010

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Existing Royal Park Dog Off Leash Areas

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Agenda Item 5.2

Future Melbourne Committee 8 June 2010

FINANCE ATTACHMENT

ROYAL PARK DOG OFF LEASH TRIAL

Changes to park signs is provided for in the 2010-2011 Annual Plan and Budget.

Joe Groher Manager Financial Services

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Agenda Item 5.2

Future Melbourne Committee 8 June 2010

LEGAL ATTACHMENT

ROYAL PARK DOG OFF LEASH TRIAL

The subject matter of the report and the recommendation are within the objectives and functions of Council as set out in the Local Government Act 1989.

Section 26(2) of the Domestic Animals Act 1994 (“the Act”) provides that the Council has certain powers to make orders imposing all or any of the following conditions on the presence of dogs and cats in any public place of the municipal district of the Council –

“(i) conditions as to the means of restraint of dogs or cats;

(ii) conditions as to the times at which the presence of dogs and cats is or is not permitted; and

(iii) any other conditions that are specified in the order.”

Section 26(3) of the Act specifies that an order under the Act must be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council.

Kim Wood Manager Legal Services

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