Local law; enactment of statutes and ordinances
The municipalities have two possibilities to take legislative action: They can enact statutes and ordinances. Both are regulations that have binding force on everyone for an indefinite number of cases and establish certain legal consequences, in particular rights and obligations.
Statutes and ordinances essentially differ in their subject matter:
Statutes are enacted to regulate municipal affairs. The power to enact statutes follows in principle from the municipal right to self-government, which also includes legislative autonomy.
The procedure for enacting bylaws is regulated in the Municipal Code for the Free State of Bavaria. Statutes in the own sphere of action of the municipality do not require a separate authorization, if they do not interfere with the rights of third parties or affect the obligations of third parties. The enactment of by-laws for the regulation of delegated matters as well as by-laws which threaten violations of their regulations with a fine (= reinforced by-laws), on the other hand, are only permissible in the cases determined by law.
Examples of municipal by-laws are by-laws with compulsory connection and use in the water and sewage sector or by-laws on contributions and fees under the Municipal Tax Act.
In the case of municipal ordinances , on the other hand, the focus is usually on a safety-related purpose. For example, an ordinance can restrict the free roaming of large dogs and fighting dogs.
The enactment of ordinances is only permissible in cases specified by law. General regulations on the procedure for enacting municipal ordinances can be found in the State Criminal and Ordinance Act (LStVG). The LStVG and other laws also contain authorisations to issue municipal ordinances in the field of public safety and order.
You can find out more from your local authority.
Application for a judicial review pursuant to § 47 VwGO
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
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