Local law; enactment of statutes and ordinances

Statutes and ordinances differ essentially in terms of their subject matter:

Statutes are issued to regulate municipal matters. The authority to enact bylaws generally follows from the municipal right of self-government, which also includes legislative autonomy.

The procedure for enacting bylaws is regulated in the municipal code for the Free State of Bavaria. Statutes within the municipality's own sphere of activity do not require separate authorization if they do not interfere with the rights of third parties or affect the obligations of third parties. By contrast, the enactment of bylaws to regulate delegated matters and bylaws that threaten violations of their provisions with a fine (= reinforced bylaws) are only permitted in the cases specified by law.

Examples of municipal bylaws are bylaws with compulsory connection and use in the water and wastewater sector or contribution and fee bylaws in accordance with the Municipal Tax Act.

In contrast, municipal ordinances generally focus on a safety-related purpose. For example, an ordinance can be used to restrict the free movement of large dogs and fighting dogs.

Ordinances may only be issued in the cases specified by law. General regulations on the procedure for issuing municipal ordinances can be found in the Landesstraf- und Verordnungsgesetz (LStVG). The LStVG and other laws also contain authorizations to issue municipal ordinances in the area of public safety and order.

You can find out more from your municipality.

• Art. 23 ff. Municipal Code for the Free State of Bavaria (Gemeindeordnung - GO)
• Art. 12 ff. Law on State Criminal Law and the Law of Ordinances in the Field of Public Safety and Order (State Criminal Law and Ordinance Act - LStVG)

  Individual authorizations and administrative offences

• Art. 42 ff. Act on State Criminal Law and the Law of Ordinances in the Field of Public Safety and Order (State Criminal Law and Ordinance Act - LStVG)

  Procedure for the adoption of regulations