Local law; enactment of statutes and ordinances
Municipalities 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.
Description
Statutes and ordinances essentially differ in terms of their subject matter:
Statutes are enacted to regulate municipal affairs. The authority 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 of the Free State of Bavaria. Statutes in the municipality's own sphere of action do not require separate authorization if they do not encroach on the rights of third parties or affect the obligations of third parties. By contrast, the enactment of bylaws to regulate delegated matters and bylaws that threaten violations of their regulations with a fine (= reinforced bylaws) are only permissible in the cases specified by law.
Examples of municipal bylaws are bylaws requiring connection and use in the water and wastewater sector or bylaws 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 permitted 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 authorizations to issue municipal ordinances in the field of public safety and order.
You can find out more from your municipality.
Remedy
Application for control of standards according to § 47 VwGO
Status: 18.07.2022
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
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