Public notices; adoption of an ordinance

If you want to put up posters in public places, you must check whether a municipality has restricted this to certain areas. Art. 28 of the Bavarian State Criminal and Ordinance Act allows municipalities to impose such restrictions if this serves to protect the appearance of the town or landscape or a natural, artistic or cultural monument. An intentional or negligent violation of such a municipal ordinance constitutes an administrative offense that can be punished with a fine. The municipality also has the option of demanding the removal of the notice.

The content of the notice is generally irrelevant. Commercial advertising - insofar as it is not already covered by the Bavarian Building Code as a (fixed) advertising installation - can fall under this as well as political advertising or private messages.

You can find out whether your municipality has issued a corresponding ordinance and what restrictions it contains from your municipality.

Please also note that special restrictions may apply depending on the type, size and location of the advertisement. This applies in particular to

• Fixed installations for commercial advertising, which may require planning permission,
• Poster stands in traffic areas that must not obstruct traffic and may require a special use permit under road law,
• Devices that resemble signs or traffic facilities, can be confused with them or can impair their effect and are therefore prohibited where they may affect traffic,
• Advertising and propaganda in connection with traffic signs and traffic facilities, which is not permitted,
• Installations that are to be erected on or near a listed building and may therefore require a permit under monument protection law,
• Posters that are to be affixed in areas that are particularly protected under nature conservation law, e.g. nature reserves, landscape conservation areas or nature parks, and are therefore prohibited under certain circumstances.

• Art. 28 Act on State Criminal Law and Ordinance Law in the Field of Public Safety and Order (State Criminal Law and Ordinance Act - LStVG)

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