Dog; Regulations on Mandatory Muzzling and Leash Requirements

Under current law, municipalities may, pursuant to Article 18(1) of the State Penal and Ordinance Act (LStVG), issue ordinances to prevent threats to life, health, property, or public sanitation, may issue ordinances restricting the free roaming of large dogs (defined as dogs with a shoulder height of at least 50 cm) and fighting dogs in public parks as well as on public paths, streets, and squares. The geographical and temporal scope of the ordinance must be tailored to local conditions, while also taking sufficient account of the dogs’ need for exercise.

The restriction in Article 18(1) of the LStVG to large dogs and fighting dogs takes into account the fact that, in the interest of animal welfare, leash requirements must be limited to what is strictly necessary. In this regard, it was taken into account that bite injuries caused by large dogs and fighting dogs are more severe and that passersby also perceive these breeds as more threatening. Furthermore, the perceived threat posed by large dogs and fighting dogs often leads—especially among children—to inappropriate behavior that can result in further dangers.

A general Bavaria-wide muzzle requirement for all dogs is not prescribed either in the relevant provisions of the LStVG or in the Ordinance on Dogs with Increased Aggressiveness and Dangerousness.

However, pursuant to Art. 18(2) of the LStVG, a corresponding order mandating the use of a muzzle, as well as a leash requirement for every dog (i.e., regardless of breed and size), to prevent the dangers specified in Article 18(1) of the LStVG in individual cases.

Furthermore, Article 24(1)(1) of the Municipal Code for the Free State of Bavaria (GO) permits municipalities to regulate the use of their property and public facilities (e.g., children’s playgrounds, green spaces, parks) through municipal ordinances. In this regard, such bylaws may also mandate that dogs be kept on a leash, regardless of the dog’s breed or size.

Contact:

+(49) 09131 / 86 - 1749

+(49) 09131 / 86 - 1973

Review and adoption of a regulation or an order in a specific case by the relevant municipality.