Glass bottle prohibition law
| Basic data | |
|---|---|
| Title: | Law on the prohibition of carrying and selling glass beverage containers in certain areas |
| Short title: | Glass bottle ban law (not official) |
| Abbreviation: | Glass bottle ban G. |
| Type: | State Law |
| Scope: | Free and Hanseatic City of Hamburg |
| Legal matter: | Special administrative law |
| References : | BS Hbg 2012-2 |
| Issued on: | July 9, 2009 ( Hmb GVBl. P. 222) |
| Entry into force on: | July 15, 2009 |
| Expiry: | July 15, 2013 (§ 6 Abs. 1 GlasflaschenverbotsG) |
| Please note the note on the applicable legal version. | |
The Hamburger glass bottles Prohibition Act contains the ban , beverage containers made of glass (glass bottles, drinking glasses and other containers, of glass) at certain times in a specified area in Hamburg-St. Pauli with you or for sale. The aim is to increase security by preventing the misuse of glass containers to commit criminal offenses. Such a legal regulation is unique in Germany. It applies in an area for which a regulation that has existed since 2007 also prohibits the carrying of weapons and other dangerous objects.
history
The Reeperbahn and its adjacent streets are a nationally known entertainment and red light district in the Hamburg-St. Pauli, which is visited by up to four million guests annually. At weekends in particular, there were and still are violent disputes between visitors to the numerous pub and entertainment venues such as pubs, bars and discos, in which glass bottles are also used as a means of crime. In addition, the pollution and risk of accidents from broken glass on the sidewalks are viewed critically. As early as 2007, the Hamburg-Mitte district assembly voted for a glass bottle ban in the area around the Reeperbahn. Most of the operators of sales outlets had voluntarily undertaken not to offer any glass bottles on the Reeperbahn, which proved itself in individual cases, but did not have the desired overall effect. In 2009 the law was initiated by Interior Senator Christoph Ahlhaus and passed by the citizens .
The law on the prohibition of carrying and selling glass beverage containers in certain areas (GlasflaschenverbotsG) of July 9, 2009 came into force on July 15, 2009. The area in which the ban applies is identical to that for which a “weapons ban” has been in effect since December 11, 2007. In the regulation on the prohibition of carrying weapons and dangerous objects of December 4, 2007, which was also issued for safety reasons, which prohibits the carrying of weapons, knives, clubs, irritant spray devices and similar objects around the Reeperbahn (also around Hansaplatz in St. Georg) banned, Hamburg was also a nationwide pioneer. The corresponding area was identified by common signs that refer to the existing prohibitions.
The success of the glass bottle ban is controversial. According to the police, although most of the visitors to the prohibited zone adhere to the ban and it has helped to calm things down, an internal police survey showed that the violent offenses only decreased minimally after the introduction and that this cannot be attributed to the ban. A comprehensive evaluation of the law is not yet available.
Politicians are also considering extending the ban to the Sternschanze district .
Legal basis
The ban on glass bottles means an encroachment on the rights of passers-by and those of traders. The legal basis is the law on the prohibition of carrying and selling glass beverage containers in certain areas (GlasflaschenverbotsG). On Friday, Saturday and Sunday nights, as well as the night before public holidays and the following night, between 10 p.m. and 6 a.m., it is forbidden to take or sell glass beverage containers outside of an apartment, business premises or pacified property in the specific area . It does not matter what type of drink it is. Violations constitute administrative offenses and are punished with a fine of 20 to 40 euros, in repeated cases up to 5000 euros. The ban is monitored by the security service of the Hamburg-Mitte district and the police. Exceptions are, for example, the carrying of originally closed glass containers in a closed and secure container, for approved outdoor catering, for businesses for transport purposes or being carried in a closed passenger compartment.
The law itself does not contain any authorization to intervene . The basis for authorization required to carry out controls is Section 4 (2) of the Law on Police Data Processing . In addition, the provisions of the law for the protection of public safety and order and the code of criminal procedure apply .
Web links
Individual evidence
- ↑ St. Pauli wants to ban glass bottles ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Court approves kiosk operators
- ↑ Interior Senator Christoph Ahlhaus: “St. Pauli has to become even more secure! ” ( Memento of the original from June 9, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Glass bottle ban: Senate passes draft law ( Memento of the original of August 14, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ From Tuesday, guns are prohibited in the Kiez
- ↑ Justizportal - Landesrecht online: Ordinance on the Prohibition of Carrying Guns and Dangerous Objects of December 4, 2007 (HmbGVBl. 2007, p. 411)
- ↑ The ban on glass bottles on the Reeperbahn has no effect
- ↑ The ban on glass bottles should also apply in the ski jump
- ↑ HmbGVBl. 2009, p. 222
