44Dogs in public places must be controlled

44 Dogs in public places must be controlled (a) the person is the keeper or carer of a dog; and (c) the dog is not restrained by a leash. (a) the person is the keeper or carer of a dog; and (c) the dog is not under the effective control of the person. (3) The keeper of a dog commits an offence if the dog— (a) is in a public place; and (b) is not with a carer.

(5) Subsection (1) does not apply to a dog that is under the control of a person and is— (a) in an exercise area declared under section 40 (Declaration— exercise areas); or (b) a working dog working livestock; or (c) taking part in— (i) a dog show, field trial or obedience trial; or (ii) a dramatic performance or other entertainment. (6) In a prosecution for an offence against subsection (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection. (7) For this Act, a dog is under the effective control of a person if the person can prevent the dog from approaching other animals or people by— (a) use of a leash; or (b) holding or confining the dog; or (c) the dog— (i) being in sight of the person; and (ii) responding to and following the person’s commands. Example Pete is walking his large dog, Reggie, on a leash. However, Pete is not strong enough to stop Reggie pulling and approaching other dogs. Reggie is not under the effective control of Pete.