Community enforcement service

from Wikipedia, the free encyclopedia
Municipal prison officer in Dresden in uniform with the inscription "Police authority"

The community service implementation or municipal service execution ( GVD ) is in Baden-Württemberg and Saxony means of the communities in their role as local police authorities , which for the execution of certain areas and the enforcement of the police law is responsible. In order to be able to perform tasks, the municipality must publicly announce the transfer of tasks to GVD.

In the major Saxon cities of Chemnitz , Dresden and Leipzig as well as z. B. in Stuttgart , Karlsruhe or Freiburg in Baden-Württemberg, uniforms and vehicles of the GVD bear the label " Police Authority ". In general, the appearance of the uniforms and the paintwork of the vehicles of the GVD are strongly based on those of the police enforcement service of the federal states and the federal government. The GVD should be perceived as a “ city ​​police ”.

The role of the GVD corresponds essentially to that of the municipal security service in other German countries.

Legal status

Baden-Württemberg

The legal status of the municipal enforcement service is regulated in Section 80 of the Police Act and in the ordinance of the state government on the investigators of the public prosecutor's office . In § 80 Police Act Baden-Württemberg it says:

Community enforcement officers

  • (1) The local police authorities can make use of local prison staff to carry out certain police tasks that are limited to the community area.
  • (2) When performing their police duties, the municipal prison staff have the position of police officers within the meaning of this Act. In the context of their duties, they have the position of police officers and thus have the same rights and obligations, up to and including the application of direct coercion.

In the regulation of the state government on the investigators of the public prosecutor's office of February 12, 1996 one can read:

§ 2 Investigators are also

  • 1. Municipal prison staff within the meaning of Section 80 of the Police Act in the context of the police enforcement duties assigned to them, provided they are employees in the public service, have reached the age of 21 and have been active in the designated group of employees for at least two years. With an appointment as an employee of the fine office (prosecution authority), the municipal enforcement service has the same (albeit limited) rights and obligations in fine proceedings as the public prosecutor's office in the prosecution of criminal offenses (see Section 46 OWiG).

Saxony

The Saxon police law is closely based on that of Baden-Württemberg. In § 9 of the Saxon Police Authority Act it says:


(1) The local police authorities may appoint local law enforcement officers to carry out certain police functions that are limited to the municipality. When performing their duties as a police officer, the parish prison staff have the status of police officers within the meaning of the Saxon Police Enforcement Service Act. The competence of the police enforcement service remains unaffected.

(2) The State Ministry of the Interior shall determine by ordinance:

  1. For which police official tasks municipal prison officers can be appointed
  2. which notification and information obligations apply when appointing municipal prison staff and
  3. which means of direct coercion (Section 40 of the Saxon Police Enforcement Service Act) may be used by the parish prison staff; the use of weapons (Section 40 (4) of the Saxon Police Enforcement Service Act), with the exception of the baton, is excluded.

In order to make it more specific, the Saxon Ministry of the Interior issued a statutory ordinance on September 19, 1991 on the performance of police enforcement tasks by municipal prison staff . This lists the tasks that the municipalities may delegate to their enforcement service (Section 1), as well as stipulates that the municipalities must make public the extent to which they make use of them (Section 2).

tasks

Baden-Württemberg

An employee of a police authority in Bad Waldsee in Baden-Württemberg detects an administrative offense as a result of unauthorized special use : The marked motor vehicle, which is parked without a vehicle registration number and is not permitted for road traffic, takes up public traffic space beyond common use .

The enforcement service may take on the following tasks, unless the regional council has approved other areas of responsibility for the municipality (Section 31 Ordinance of the Ministry of the Interior for the Implementation of the Police Act):

  • Implementation of community statutes and police regulations of the local and district police authorities
  • Road traffic law :
    • Regulations on stopping and parking and on the duty of care when getting in and out
    • Regulations on the prohibition of preparing traffic obstacles or parking vehicles without lighting
    • Monitoring of traffic bans on field and forest paths, other restricted public paths, sidewalks and special paths as well as actually public roads
    • Monitoring of driving bans in pedestrian zones , in traffic-calmed areas and in health resorts and recreational areas,
    • Support of traffic control measures of the police enforcement service during parades, processions, major events and similar occasions
    • Regulation of road traffic by means of signs and instructions, if this appears to be urgently required to maintain security and order and the police force cannot wait for action
    • Monitoring of the dates for the general inspection in stationary traffic
    • Implementation of the regulations on special uses on public roads, on the cleaning, clearing and gritting of public roads and on the protection of public roads, including actually public roads
  • Implementation of the regulations on reporting
  • Enforcement of the travel and market regulations
  • Environmental protection :
    • Enforcement of the regulations on inadmissible noise and unnecessary running of vehicle engines,
    • in the implementation of the regulations on the prohibition of the treatment, storage or disposal of waste as well as on the disposal of vegetable waste outside of approved facilities
    • in the implementation of the regulations on water protection areas , on the protection of water bodies and on common and special uses of water bodies
  • Field protection :
    • Implementation of the regulations for the management and maintenance of properties,
    • Implementation of the regulations on entering the open countryside and closed vine-growing areas
    • Implementation of the regulations on the protection and care of wild plants and animals living in the wild
    • Implementation of the regulations on proof of authorization to practice hunting and fishing
    • Enforcement of regulations for the protection of property in agricultural and horticultural land, products, equipment and facilities in the open countryside and in gardens
    • Control of animal and plant pests
    • Implementation of regulations on fire protection in the open countryside
  • Veterinary :
  • other tasks:
    • Protection of public green spaces , children's playgrounds and other public use facilities against damage, contamination and improper use
    • Enforcement of the regulations on notices and unauthorized posting
    • Enforcement of the regulation on nuisance to the general public
    • Implementation of the regulations on the protection of Sundays and public holidays
    • Enforcement of the regulations on blocking times and shop closing times
    • Implementation of the regulations for the protection of young people in public
    • Surveillance in the field of collections
    • Implementation of the regulations on keeping dangerous animals
    • Monitoring in the field of health protection
    • Enforcement of the regulations on the prevention of accidents and on parking on private property in accordance with the State Administrative Offenses Act

When transferring measures affecting the forestry sector, the lower must Forestry Commission agree. The municipal enforcement service can also use the general clause (§§ 3, 1 Police Act) to avert a danger that threatens public safety or order and to remove disruptions to public safety or order, insofar as it is in the public interest become.

The municipal enforcement service can continue to enforce administrative acts (compulsory shutdown of motor vehicles due to insufficient insurance cover, vehicle defects that have not been remedied, confiscation of driver's licenses, etc.) via the State Administrative Enforcement Act . The community enforcement service carries out investigations (follow-up investigations in the event of speed violations), carries out speed monitoring for the authorities responsible for fines.

Saxony

The tasks that the municipalities may (but do not have to) delegate to their prison staff are, according to Section 1 of the relevant ordinance:

  1. Monitoring of stationary road traffic ,
  2. Enforcement of statutes, local and district police regulations,
  3. Enforcement of the regulations on the disposal of waste,
  4. Enforcement of the regulations on collections,
  5. Protection of public green spaces, recreational facilities, children's playgrounds and other public use facilities and facilities against damage, contamination and improper use,
  6. Enforcement of the regulations on the travel trade and the market system,
  7. Implementation of the regulations on the blocking time and the shop closing time,
  8. Implementation of the regulations on special uses on public roads or
  9. Implementation of the regulations for the protection of the population from dangerous dogs.

See also

literature

  • Ralf Krüger: Municipal enforcement officers in Baden-Württemberg. In: Baden-Württembergische Verwaltungspraxis (BWVPr), 1980, p. 7 ff.
  • Thomas Würtenberger, Dirk Heckmann, Steffen Tanneberger: Police law in Baden-Württemberg. 7th edition, CF Müller, Heidelberg 2017, Rn. 42-46 (pp. 76-78).

Web links

Individual evidence

  1. ^ Municipal enforcement service. Retrieved February 5, 2020 .
  2. ↑ Municipal security service. Retrieved February 5, 2020 .
  3. ↑ New prison service starts work. Retrieved April 25, 2019 .
  4. ↑ Robert Nößler: Leipzig's new "city police" is here - what changes as a result. In: Leipziger Volkszeitung (online), February 21, 2018.
  5. ↑ Police Act (PolG) of the state of Baden-Wuerttemberg in the version of January 13, 1992, § 80 municipal prison staff
  6. ↑ REVOSax state law Saxony - Saxon police law - SächsPBG. Retrieved June 19, 2020 .
  7. ↑ a b Ordinance of the Saxon State Ministry of the Interior on the execution of police enforcement tasks by municipal enforcement officers from September 19, 1991. Online at REVOSax
  8. ↑ Ordinance of the Ministry of the Interior for the Implementation of the Police Act (DVO PolG) of September 16, 1994, § 31 Tasks of the municipal prison staff
  9. ↑ State Law on Administrative Offenses (State Administrative Offenses Act - LOWiG) of February 8, 1978