'I'm gonna miss this place': Dog owners spend last day at Oak Creek's Runway Dog Park before its closure

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OAK CREEK, Wis. (CBS 58) -- Pet owners packed Runway Dog Exercise Park in Oak Creek on Monday, Oct. 31, its last day open. 

The park's on airport property, and FAA regulations are preventing it from staying there. 

A line of cars was parked on the side of the road Monday, because the park lot's been full all evening.

For months, Gail Milbrath's been fighting for Runway Dog Exercise Park to remain open for Cassidy and all of Cassidy's friends.

"It's just the best one there is. And you know, to get out of Milwaukee, two minutes away and you're in this beautiful nature area," said Milbrath, Cassidy's mom.

Milbrath led us around the park's 26.5 acres, over muddy paths where volunteers over time built wooden bridges to help fellow dog owners.

"I'm trying not to cry," said Milbrath.

This Halloween, it's more tricks than treats at Runway Dog Park.

"I'm gonna miss this place a lot, like this is really hard," said Catherine Myers, Duke's mom.

Owners turned out in great numbers on the last day, filling the hill that overlooks it all.

"And the people here are phenomenal. I think that's the biggest thing. You can walk by anyone, and you can say hi and you'll be starting a conversation," said Tony Wenzel, Millie's dad.

The dog park opened more than 17 years ago with no issue, but in the last year, owners were told the FAA recently discovered an oversight and said it can't operate on airport property.

"I've heard lots of stuff and don't know how true it is. I wish there'd just be some clear, concise show-me-the-line item, show me the budget, show me the rules and regulations," said William Krueger, Daisy's dad.

"And losing a park of this size, in this area of town that's very convenient for a lot of people to get to, is a tough pill to swallow," said Mike Weber, Holly's dad.

Owners seem to be gravitating toward Warnimont Park at this point, but they're not too excited about it because of its smaller size. They have concerns that more dog fights may break out. 

In a statement released Monday, Mitchell International Airport said:

"The Runway Dog Exercise Area is not an allowed use of Airport property, and Airport funds cannot be used for the operation or maintenance of a dog park. The operation of a Milwaukee County Parks dog exercise area within the boundaries of the Airport is not allowed due to FAA regulations. The FAA administers federal grants to airports, with the assurance that airport property only be used for activities that support aeronautical purposes. Due to this FAA Regulatory issue, continued operation of a dog area on airport property would jeopardize millions of dollars in federal airport funding. In addition, the current dog exercise area should not be used to attract animals or gatherings of people due to proximity to the runway landing surface.
Per the County Board resolution adopted in 2005, maintenance of the dog park has never been the Airport’s responsibility. Milwaukee County Parks is the operator of dog parks within Milwaukee County and has several other dog park options throughout the County. Any questions about dog parks should be referred to Milwaukee County Parks."

Milwaukee County Executive David Crowley released a statement Monday that said:

“Unfortunately, this action must be taken to ensure General Mitchell Airport remains in compliance with Federal Aviation Administration requirements and eligible for federal grant funding. As a dog owner myself, I understand the frustration that many residents in the surrounding community feel about losing this cherished neighborhood amenity. I also understand how important our parks are for the well-being of residents’ physical and mental health. With these factors in mind, the 2023 budget proposes funding for a site selection review of county land for planning on the replacement of Runway Dog Park.”

Crowley's office also sent us a summary of the relevant grant assurances below:

Federal Grant Assurance 5(a): Preserving Rights and Powers

The Airport “will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement…and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance.”

Federal Grant Assurance 19(a)(1): Operation and Maintenance

“The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions.”

Federal Grant Assurance 21: Compatible Land Use

The Airport “will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft.”

Federal Grant Assurance 24: Fee and Rental Structure

The Airport “will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection.

Federal Grant Assurance 25(a): Airport Revenues

“All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property.”

Federal Grant Assurance 29(b): Airport Layout Plan

“If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary, eliminate such adverse effect in a manner approved by the Secretary.”

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