Who called the dogs out?
Anthem resident says Animal Care and Control has overstepped its authority
by Barry Cohen

"Who called the dogs out?" Or in this case, Maricopa County Animal Care and Control?

Nobody associated with the Anthem Community Association, insists Executive Director Steve Peterman.

"We had no involvement whatsoever in contacting Maricopa County Animal Care and Control about dog owners using the private baseball field in Anthem Community Park," said Peterman. "All we've heard are rumors-that it was a private citizen who was tired of seeing people let their dogs off leash on the field."

No matter who dropped the dime, pet owners using the field were surprised when Animal Control officers-accompanied by an officer from the Maricopa County Sheriff's Office-showed up one Sunday morning in late January at their de facto dog park, citation pads in hand. After all, the pet owners had been using the Sunday morning gathering spot for more than four years and their ranks had grown to between 40 and 50.

Anthem resident and dog owner Michael Little said he believes the call to Animal Control came from an official of Del Webb/Pulte Homes and/or the Anthem Community Association. But regardless of who called, stated Little, Animal Care and Control had no legal authority to enter the field and cite people for having their dogs off a leash because the field is private property, owned by Anthem and its residents.

"County Ordinance 13 is perfectly clear," explained Little, who is an attorney. "It states 'If any dog is at large on the public streets, public parks or public property, then said dog's owner or custodian is in violation of this ordinance.' The park is private property, so ACC had no jurisdiction."

Not so, according to Julie Banks, deputy director of Animal Care and Control. "Even though the park is fenced, it's not designated as a dog park," she explained, adding that the Anthem complaint came from a private citizen. "It's not like someone's private backyard. Because the ball field is open to dog owners and nonowners alike, if someone has his pet off a leash in the park, he can be cited."

Little disputes Banks' interpretation of the law, but evidently the courts don't agree with him because the Anthem residents who were cited paid fines in North Valley Justice Court in Glendale for their violations.

According to Banks, each of those cited had their dogs off a leash outside the baseball field, not inside its confines.

Little said he isn't giving up. This past weekend he wrote to the Maricopa County Attorney, asking that office to initiate an investigation of Animal Care and Control and MCSO for acting "under the color of law," i.e. outside their scope of authority. If he gets no satisfaction, he plans to contact the F.B.I.

In his letter, Little also contended Del Webb Corp/Pulte Homes refuses to build a dog park in Anthem even though the company's other developments, such as Sun City, have one.

Peterman pointed out that a dog park was never contemplated in Anthem, that one was never in the master plan for the community. "Nobody's trying to give them (dog park supporters) the run around," he said. "The citizens of Anthem should have the opportunity to weigh in on any modification to a community asset. We've asked the dog park supporters to come forward with a proposal backed by some research. Only then can we consider it."

Peterman stated that even if a dog park is approved in the future, the Anthem Community Association probably wouldn't want to be responsible for it because of potential liability issues. "We might consider granting a ground lease to the dog park owners," he added. They, in turn, would be responsible for funding, maintaining and insuring it."