Stuart Petchey was fined $149 after his doberman cross, BJ, wandered behind a bathing box during a walk on Aspendale beach.

The Kingston Council was ordered to drop the fine and pay $10,000 for Stuart Petchey's legal costs after an appeal at the County Court.

Leaving aside the council's own legal costs, it proved an expensive pursuit of $149.

"In a sense it was a victory, but it was a very hollow victory, simply because I'm a ratepayer," Mr Petchey said.

"[It] leaves a massive hole in the services the council is supposed to provide to its citizens."

The incident echoes a recent case when Fairfax columnist Neil McMahon was fined $238 for not having his dog under "effective control", after it licked a baby on an off-leash beach in St Kilda.

Mr Petchey, an architectural director, said he took BJ for his regular morning beach walk on November 24, 2014.

BJ bounded ahead of Mr Petchey, and for a brief moment disappeared behind a bathing box in a car park off Gnotuk Avenue.

Moments later, a uniformed Kingston Council officer emerged and handed Mr Petchey two $149 fines.

One was for not having his dog under "effective control', the other - later dropped - because the officer said the car park was an on-leash area.

As the two men exchanged "terse" words, Mr Petchey said, BJ came and sat next to him.

"Are you saying my dog is out of control?" he asked the officer. "I didn't whistle or wave to him, that's just what he does. I'd hardly call that out of control."

The officer replied that the fines would arrive in the mail.

Mr Petchey vowed to fight them.

The Kingston Council describes effective control as having "effective" voice or hand control over a dog.

The dog must be within constant sight, so it can be placed on a leash if needed.

Moorabbin Magistrates Court agreed with the council.

But the judge at the County Court appeal said that having a dog within sight at all times was impossible.

"[She] said something like, 'That's ridiculous - what if it goes behind a car, what if it goes behind a bush, what if it goes behind a rubbish bin or a shed?'" Mr Petchey said.

He said the judge ruled the council had failed to prove the dog was not under effective control.

Mr Petchey was able to get the second fine - for having his dog off the leash in an on-leash area - withdrawn after sending in photos showing four signs saying the beach is an off-leash area.

The council told Fairfax Media it continued to fine dog owners in the same area.

"In the interests of public safety, all dog owners are required to be responsible pet owners and ensure that their dogs are under effective control at all times," chief executive John Nevins said.

with Anthony Colangelo