Dogs on the beach? Some want county to allow dogs on 11-mile stretch south of Melbourne Beach

A group of residents is pushing a plan to allow dogs to walk on about 11 miles of South Brevard County beaches before 9 a.m. and after 5 p.m. daily.

They will present their proposal to the County Commission, during its meeting that begins at 5 p.m. Tuesday.

South Beaches resident Donna Post submitted the citizen request for consideration. She wants county commissioners to amend a section of the county's ordinance to allow dogs on the beach in an 11-mile stretch south of Melbourne Beach — from Sandy Shoes Resort at State Road A1A and Sandy Shoes Drive, south to Sebastian Inlet at the Indian River County line.

Under Post's proposal, "dogs must be under the control of their owner at all times, and owner is responsible for picking up after their dog. All dogs must be licensed and up to date on all vaccines."

But there already has been push-back to the proposals from environmental groups and some commissioners, concerned about the impact of having dogs on the beach on wildlife and on beach cleanliness.

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"To me, it's a nonstarter," County Commissioner Curt Smith said, partly because the stretch of beach proposed for the dog beach is an ecologically sensitive area and a major sea turtle nesting ground.

Commissioner John Tobia — whose County Commission district includes the South Beaches — said he will not support the proposal, partly because of constituent concerns about dog owners not cleaning up after their dogs.

Commissioner Rita Pritchett said she believes the 11-mile stretch of beach proposed is too long of an area, although she left open the possibility of considering a smaller area of beach.

The Palm Bay-based Marine Resources Council has come out against the proposal, saying in a email that "dogs are a bad fit for sensitive beaches, such as those in the Archie Carr Refuge. When dogs are on beaches where there's significant turtle nesting, they present a threat, not only to adult turtles, but especially to hatchlings that already have quite a challenge from other predators. Dogs are also known to predate nests and destroy the eggs. These beaches are some of Brevard's most pristine beaches, and the presence of dogs brings with it the presence of dog waste. This is a vast stretch of beach, and the cost of monitoring dog owners' behaviors is prohibitive."

There currently are two areas of Brevard beaches where dogs have been allowed, according to a county staff report provided to commissioners:

• In October 2011, the County Commission approved creation of a dog beach at Canova Park, which opened in February 2012.

• This February, Cocoa Beach approved allowing dogs on a stretch of beach from Fourth Street South to 16th Street South from 7 to 10 a.m. and 4 to 7 p.m. (with daylight saving time hours of 5 to 9 p.m.).

The county said that "there have been no major issues" with either the Canova Park dog beach or the Cocoa Beach dog beach.

South Beaches resident Charlotte Hertz, who is working with Post on the proposal to allow dogs on the South Beaches, said an online petition has generated about 3,200 signatures in support of the idea.

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But, Hertz noted that "we have been met with some resistance" from residents of the area who don't want to see dogs on beaches in their neighborhoods, either because they are worried about dog waste on the beach or don't like dogs in general.

"We're looking for a compromise," said Hertz, who has a 3-year-old golden retriever named Misty that she would like to take on the beach.

Among potential areas of compromise, Hertz said, would be reducing the geographic stretch of the South Beaches where dogs would be allowed to something less than 11 miles; or requiring dog owners to buy a daily, weekly or annual permit to allow their dogs onto the beach. Revenue from the permit fees could help pay for enforcement of the rules or sea turtle protection efforts.

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According to the county staff report, the proposed 11-mile-long area is within the Archie Carr National Wildlife Refuge, which stretches across 20.5 miles from Melbourne Beach to Wabasso Beach in Brevard and Indian River counties.

The refuge was established in 1991 for protection of and habitat conservation for threatened and endangered sea turtles and other species. It is the most significant area for loggerhead sea turtle nesting in the world and the most significant area for green sea turtle nesting in North America.

The Marine Resources Council statement said that, "as dog lovers, we respect and understand the enthusiasm of dog owners, and their interest in affording an enjoyable exercise opportunity for their pets. But not at the risk of our precious sea turtles. There are better places to put a dog beach, if one is needed. Unintended consequences make this a poor fit for the area."

The county staff report also raised potential legal issues to the proposal.

"The proposed 11-plus-mile stretch of beach within the refuge includes property owned by federal, state and county governments, as well as private landowners," the report noted. "The refuge is subject to the U.S. Fish and Wildlife (Service) agency management plan, which does not allow dogs and cats on federally owned properties."

Additionally, staff report said the Brevard County Attorney's Office wanted the County Commission to be aware of Brevard's potential liability under the federal Endangered Species Act if it allowed dogs on the beaches in the Archie Carr National Wildlife Refuge. The act protects threatened and endangered plants and animals, as well as the habitats in which they are found — including sea turtles and sea turtle nesting areas within the refuge.

"Regulatory acts could create liability for the county, if the authorized acts are likely to result in an Endangered Species Act violation," the staff report said. "Specifically, courts have held that regulatory action by a local government may result in ESA liability if there is a close connection between the allowed conduct and habitat destruction or killing of endangered species."

A county ordinance currently prohibits dogs on public beaches throughout the county. The exceptions are in cases in which the County Commission or the governing body for a municipality allows dogs in certain areas of the beach; and in cases involving a disabled person with a service animal.

According to Brevard County Animal Services, 26 animal enforcement citations and one warning citation were issued in the South Beaches area from July 1, 2018, through July 1, 2019.

Dave Berman is government editor at FLORIDA TODAY.

Contact Berman at 321-242-3649

or dberman@floridatoday.com.

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