Cantonal referendum on "Amendment of the Law on Infringement Penalties and the Cantonal Police Act regarding eviction, littering and unauthorized posting"
| Cantonal referendum | |
|---|---|
| "Changes to the Law on Infringement Penalties and the Cantonal Police Act regarding eviction, littering and unauthorized posting" | |
| Result: | Accepted |
| General | |
| Canton: | Lucerne |
| Date: | February 8, 2009 |
| Participation: | 49.32% |
| Recommendation of the Cantonal Council | |
| Yes: | 62 |
| No: | 26th |
| result | |
| Yes: | 93,213 (77.98%) |
| No: | 26,329 (22.02%) |
| Yes votes by district | |
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The cantonal referendum on "Amendment of the Law on Infringement Penalties and the Cantonal Police Act on Eviction, Littering and Unauthorized Placarding" was a referendum in the Swiss canton of Lucerne on February 8, 2009. The content of the vote was the referendum against the introduction of various legislative changes that the Lucerne government had previously decided on April 28, 2008.
backgrounds
Content of the legislative changes
On April 28, 2008, the Lucerne Cantonal Council decided on the following amendment to the law:
- Extension of the possibility to use signposts
- Change of punishment for unauthorized posting of posters and flyers
- Possibility to impose a fine in the event of improper disposal of garbage ( littering )
A signpost is a police order for a person or group to leave a certain area temporarily. If the person concerned does not follow the eviction order, further legal steps are possible. Up until now, the Lucerne police only had the option of issuing such evacuation orders if there was a risk to people ( evacuation ) or the rescue operations were hindered. The situation is different in the cantons of Canton Aargau , Canton Bern and Canton Zurich , which at the time of the referendum had the opportunity to issue evictions in other situations. With the change in law, the Lucerne police are now also able to issue a removal order for up to 24 hours if:
- "They endanger or disrupt public safety and order"
- "They harass others or prevent them from using the public land"
- "The sense of piety is injured or endangered by other people"
The change in the punishment for unauthorized posting affects the new option not only to punish the perpetrator who posted the posters, but also his client. Mostly these are the organizers of a party or a concert.
Even with littering, the Lucerne police were able to impose a penalty even before the law was changed. However, this previously required a complicated and time-consuming criminal procedure including a criminal complaint . With the amended law, fines can now be imposed, which can be collected immediately as in road traffic. The law provides for a fine of between at least 40 francs for minor waste disposal offenses and a maximum of 300 francs for more serious offenses. This change in the law was also based on other cantons such as the canton of Basel-Stadt , which had already introduced a corresponding law.
referendum
According to Lucerne's constitutional law, a referendum will be held if 3,000 signatures have been collected. The referendum committee “Bündnis Luzern für Alle” was able to fulfill this requirement on time with 3,376 signatures. Before the referendum they argued with the following arguments:
- «Sham solution and mood building»: Instead of the cause, the consequences of a problem are addressed.
- «Criminalization of suspicion»: There are no clear definitions of what, for example, can be described as «disturbing» in the law
- "Costs": Additional costs due to legal proceedings and imprisonment
Opinion of the Cantonal Council
The Cantonal Council argued against it that the costs could hardly be estimated. The costs for the increased effort of the police would pay off in the medium term and there would also be additional income from the newly introduced fines. The Cantonal Council responded to fears of arbitrariness by saying that “one trusts the training and experience of the police” .
Nevertheless, the change in the law on eviction was not entirely undisputed even in the Cantonal Council. Therefore, consideration was given to dividing the referendum into two referendums. However, since all three points concern the subject of security and order in public spaces, the majority decided against a division.
Voting result
The average participation in all Lucerne offices was 49.32%. With 80.77%, the Hochdorf office achieved the highest and the Entlebuch office with 65.11% the lowest percentage of yes votes. The votes were approved by all five offices with 77.98%.
| Office | Voting participation | Yes (number) | No (number) | Yes (percent) | No (percent) | adoption |
|---|---|---|---|---|---|---|
| Entlebuch | 53.56% | 4,514 | 2,419 | 65.11% | 34.89% | Yes |
| Hochdorf | 48.66% | 16'042 | 3,820 | 80.77% | 19.23% | Yes |
| Lucerne | 49.64% | 43,704 | 11'170 | 79.64% | 20.35% | Yes |
| Sursee | 49.09% | 17,604 | 4,795 | 78.59% | 21.41% | Yes |
| Willisau | 47.64% | 11,349 | 4,125 | 73.34% | 26.66% | Yes |
| Total (5) | 49.32% | 93'213 | 26,329 | 77.98% | 22.02% | Yes |