Compulsory muzzle and leash; order

According to the existing legal situation, the municipalities can, in accordance with Art. 18 Para. 1 of the State Criminal and Ordinance Act (LStVG), restrict the free movement of large dogs (dogs with a shoulder height of at least 50 cm can be regarded as such) and fighting dogs in public areas and on public paths, roads and squares by ordinance in order to prevent dangers to life, health, property or public cleanliness. The spatial and temporal scope of the ordinance must be adapted to the local conditions, whereby the dogs' need for exercise must also be sufficiently taken into account.

The restriction of Art. 18 Para. 1 LStVG to large dogs and fighting dogs takes account of the fact that, in the interests of animal welfare, the obligation to keep dogs on a leash must be limited to what is necessary. In this respect, it was taken into account that bite injuries caused by large dogs and fighting dogs are more serious and that passers-by also regard these breeds as more threatening. The perceived threat of large dogs and fighting dogs also often leads to misbehavior - especially among children - which can result in further danger.

Neither the relevant provisions of the LStVG nor the Ordinance on Dogs with Increased Aggressiveness and Dangerousness stipulate a general Bavaria-wide muzzle requirement for all dogs.

However, on the basis of Art. 18 Para. 2 LStVG, a corresponding order for a compulsory muzzle, but also an order for a compulsory leash for every dog (i.e. regardless of breed and size) can be issued in individual cases by the responsible municipality to avert the dangers mentioned in Art. 18 Para. 1 LStVG.

Furthermore, Art. 24 Para. 1 No. 1 of the Municipal Code for the Free State of Bavaria (GO) allows municipalities to regulate the use of their property and public facilities (e.g. children's playgrounds, green spaces, parks) by means of bylaws. In this respect, a leash requirement can also be imposed, regardless of the breed or size of the dog.

Contact:

+(49) 09131 / 86 - 1749

+(49) 09131 / 86 - 1973

Examination and issuance of an ordinance or an individual order by the responsible municipality.