Local Police Ordinance

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The local police regulations are a special feature within the framework of Austrian municipal autonomy . They can be issued by the municipal council without their own legal basis ( praeter legem ) on the basis of direct constitutional legitimation to defend against and eliminate grievances that impair local community life . These include, for example, regulations aimed at avoiding noise excitement.

restrictions

The following restrictions apply:

  • The ordinance may only be issued in a matter which is within the municipality's own sphere of activity .
  • The purpose of the regulation must be to ward off or remedy maladministration that is disturbing to local community life.
  • The ordinance must not violate existing federal or state laws or ordinances.

Punishment, appeal

The punishment is usually carried out by the mayor , whereby the provisions of the Administrative Penal Act (VStG) must be observed in criminal proceedings . The punishment for violations of these ordinances is limited to fines of up to 218 euros or imprisonment of up to two weeks (Section 10 (2) VStG).

The court of appeal is the regional administrative court .