Rohan Irish Wolfhounds

Walk this Way

Information taken from an article written by Mr. Gregory M. Dennis, J.D.

from Dog Fancy Magazine September 2003 issue

The sun is shining, there's a slight breeze, your dog gives you that knowing look, so you grab the leash and head out for a nice relaxing walk. As you stroll by one house a man rushes out screaming at you "get off the sidewalk with that dog". Does he have a valid point? Are you required by law to obey his demand?

Usually the answer is "no". Public sidewalks are designated for public use, and us dog owners are quite entitled to walk with our best friend along these sidewalks. By and large sidewalks are regarded as easements (land owned by another party, who has restricted, specific rights to use it) over private property. The legal privileges of the person owning the property the sidewalk crosses are subservient to the rights of the public, but does not mean the property owner has no legal remedies. The property owner would be able to ask a court for an injunction order, or could file a nuisance claim if a person using the public sidewalk was jeopardizing the property owner's right to peacefully enjoy their property.

"Don't let anyone tell you differently - the sidewalk is almost always fair game for dog walking!"

Hence the importance of picking up after your dog, why spoil it for everyone else. Imagine if an owner, over and over again, allowed their dog to defecate on the sidewalk or grass between the sidewalk and street right outside your house without cleaning it up. Most of us could honestly say this would be unacceptable and might be tempted to file a complaint if the person would not heed our request that they pick up after their pet.

If for many years, a property owner has permitted the public to cross their land on a specific route, which has not be formally designated for public use, it is possible that they would be powerless to prevent a dog owner from walking that same route.

Courts have been very unsympathetic of people - property owners, dog owners - who file such disputes, thus wasting the court's time and limited resources. Judges have ad-monished that these kind of disputes be sorted out through neighborly assistance and maturity. Hopefully using commonsense in simply respecting the wishes of others. They also suggest that dog owners try to use alternative routes if they come against opposition whilst walking their dog, or more simply by cleaning up after their pet.

If you have a canine legal question you can send it to Law & Order, DOG FANCY, PO Box 6050, Mission Vijeo, CA 92690-6050, [email protected].

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