Leash laws are enforced to protect owners, dogs and other community members.
States are responsible for determining the dog leash laws that they will enforce within their cities and towns. In Modesto, California, the owner of any dog is held liable should the dog bite someone, regardless of the owner's knowledge of the dog's history. No dog is permitted to roam free off the owner's property and if on the property, must be enclosed.
Leash Laws
Leash laws aim primarily to hold owner's of dogs accountable for the control of the animal. The city of Modesto permits individuals to recover damages if bitten by a dog, even if the dog has no history of biting or other aggressive behavior. The dog must be controlled by the owner when outside of their enclosed property, and a bite or canine-inflicted injury is considered the result of the owner's failure to control his dog.
Controlling a Dog
The California state law, which applies to Modesto, provides examples of proposed methods of restraint, particularly leashes, that have been determined to be adequate demonstrations of control over the dog, but this does not mean that the methods listed in the law are the only methods accepted. Additionally, a dog is considered "at large" if the owner releases the dog, unrestrained, onto his or her unenclosed property, meaning if the property is not fenced in completely, the dog must remain on a leash. Dog parks are an exception, because they are an enclosed area, but problems can still arise in the presence of dangerous dogs.
Demonstrating Control
If restraint is clearly demonstrated, though with a means other than a traditional leash, the point might be arguable in court, but the court has decided that "psychological restraints" are insufficient, more often than not. However, Jean Bessette, who was given a ticket for walking his labrador retriever, Rex, unleashed, despite the leash being attached to the dog's collar, because Mr. Bessette was not holding the other end. The case went to court, and after a demonstration of Mr. Bessette's control over the well-trained dog, both he---and Rex---were let off with a warning.
Tags: control over, Leash Laws, Leash laws, Modesto California