City Questions Dog Park Liability, Maintenance
Liability and maintenance responsibility need to be resolved before the St. Ignace Dog Park Committee is granted a three-acre piece of property east of I-75, bordered by Cheeseman Road and the snowmobile trail, where the group hopes to create a park to which residents and visitors can bring their dogs to run and play.
The City of St. Ignace passed a resolution in support of the park in November, but City Council members asked that these issues be ironed out before a written agreement is made allowing the dog park committee to use the cityowned parcel for its project.
One concern held by city leaders is that they don't want the city to be liable if a dog bites someone at the park, since it would be on city property. City Manager Eric Dodson said there is a strict legal statute in Michigan that states a dog's owner is solely liable if the dog bites someone, but added that the victim of a dog bite could still sue the city and argue that it, as the property owner, was in some way negligent.
"It doesn't mean that we couldn't be sued," Mr. Dodson said, "and that would mean money would need to be expended for depositions and that sort of thing. It could happen ."
The city's insurance carrier has told the city that, in the event of a dog bite, the current insurance coverage would cover such an incident, though City Council members have expressed concern that inviting dogs and their owners to the park could increase the likelihood of an incident.
Dog Park Committee member George Ford said in his research of other dog parks in the country has shown no such incident of a dog bite resulting in an insurance claim, but City Council members still expressed a desire that the city not be liable in the case that an incident occurred in the proposed park.
Mr. Dodson said he would talk to the city's insurance carrier to see if there are any affordable options that could be added to the current plan, which could be paid by the dog park committee and would protect the city in case of an incident.
City Attorney Prentiss M. Brown, Jr. said he would investigate prior cases of governmentowned land used for dog parks and report back on what the city's liability may be in such a situation. Mr. Brown also agreed to explore what sort of written agreement between the dog park committee and the city would be necessary to allow for the use of the property and protect the city from any legal or financial responsibilities.
Another concern raised by council member Willie LaLonde was who will be responsible for cleanup and maintenance at the proposed park.
Dog Park Committee member JoAnn Ford said the group would raise funds for the park to cover necessary maintenance, and committee members would visit the park at least once weekly to pick up any trash left by park users.
"It will be a clean park," Mrs. Ford said. "Our members will use it regularly and they will help clean it up."
The dog park committee has not yet applied for any grants to build the park, she said, and members plan to do so as soon as it becomes more certain that the city will let them use the property.
"All of us want to make sure we know what our commitments are and how we can take care of them," Mrs. Ford said. The city would not be expected to put any money into maintaining the park, she said, other than simple tasks like emptying garbage cans.
The plan to fund any necessary maintenance and other costs associated with running the park, Mrs. Ford said, would be to run a fundraising campaign leading up to the park's construction and up to a year after, placing those funds in escrow to cover costs for a few years.
After that money dries up, she said, the park users and community members would likely continue to support and maintain the park.
"Once it is built, we aren't looking at a lot of maintenance," Mrs. Ford said. "The people who enjoy it and use it will take over the responsibility. I don't have any doubt that the community will take care of it."
Until details are presented about what sort of responsibility the dog park committee would have for liability coverage, she said she is not sure if it is something the committee could fund through fundraising.
"I really want this dog park and I do think that it will happen," Mrs. Ford said.
The city's real estate committee will plan a meeting once Mr. Dodson and Mr. Brown can find answers to the questions posed by city council members, and would then recommend a course of action to city council on whether to allow the group to use the city property for the park.
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