Dog; Regulations on the compulsory use of muzzles and the requirement to keep dogs on a lead

Under current legislation, local authorities may, pursuant to Article 18(1) of the Provincial Criminal and Regulatory Act (LStVG), issue regulations to prevent risks to life, health, property or public hygiene, by means of a by-law, restrict the free roaming of large dogs (defined as dogs with a shoulder height of at least 50 cm) and fighting dogs in public spaces, as well as on public paths, roads and squares. The geographical and temporal scope of the by-law must be tailored to local circumstances, whilst 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 account of the fact that, in the interests of animal welfare, the requirement to keep dogs on a lead must be limited to what is strictly necessary. In this respect, account has been taken of the fact that bite injuries caused by large dogs and fighting dogs are more severe and that passers-by also perceive these breeds as more threatening. Furthermore, the perceived threat posed by large dogs and fighting dogs often leads – particularly in the case of children – to inappropriate behaviour, which may result in further risks.

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 Article 18(2) of the LStVG, a corresponding order mandating the use of a muzzle, as well as a requirement for all dogs to be kept on a lead (i.e. regardless of breed and size) to avert the dangers specified in Article 18(1) of the LStVG may be issued by the relevant local authority on a case-by-case basis.

Furthermore, Article 24(1)(1) of the Municipal Code for the Free State of Bavaria (GO) permits local authorities to regulate the use of their property and public facilities (e.g. children’s playgrounds, green spaces, parks) by means of by-laws. In this respect, such by-laws may also stipulate that dogs must be kept on a lead, regardless of the breed or size of the dog.