Police ordinances , also called ordinances on public safety and order in some federal states , are statutory ordinances that can be issued by the executive (depending on the state, police authorities , regulatory authorities or security authorities ) and serve to avert danger . A prerequisite for a police ordinance is a general threat to public safety and order that must be averted. Police ordinances are legal norms that, like a law, have an abstract, general effect, i.e. H. apply to an indefinite number of situations and persons.
In addition to the differences in linguistic usage and in the responsibilities for issuing police ordinances, there is an essential agreement between the federal states that there is a general authorization (corresponding to the general clause for police orders) for the issuing of police ordinances to ward off any general dangers (e.g. Section 10 (1) of the Police Act BW or, in the formerly Prussian legal system, Sections 24 ff. PrPVG) or such ordinances can only be issued to ward off certain dangers specifically described in the law. In Bavaria, for example, the security authorities are only allowed to issue security ordinances for subject areas that are strictly limited in the state penal and ordinance law (e.g. Art. 16 Para. 1 LStVG, security ordinance relating to the scare-off of feral pigeons to protect property and public cleanliness).
Due to the possibility of extensive establishment of general rules of conduct for the population, the police ordinances are usually subject to the approval of democratically elected administrative bodies (municipal council, district council; § 15 PG-BW, §§ 25 ff. PrPVG) or are even issued by such bodies (§ 42 ff. LStVG).
Another peculiar difference between the police ordinance and the police order is that actions and omissions contrary to an obligation to conduct established by a police ordinance are very often subject to fines.
Since the legal requirements for the compatibility of a police ordinance with higher-ranking law are very vague, police ordinances can often be inadmissible.
- Section 10 PolG (Baden-Württemberg)
- Police Ordinance of 1838 (St. Ingbert / Saar)