Local law; enactment of statutes and ordinances

Statutes and by-laws differ primarily in terms of the matters they regulate:

statutes are enacted to regulate municipal affairs. The power to enact statutes derives, in principle, from the right of municipal self-government, which also encompasses legislative autonomy.

The procedure for issuing 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 authorisation 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 (= penalised bylaws) are only permitted in the cases specified by law.

Examples of municipal statutes include statutes imposing a compulsory connection and usage requirement in the water and wastewater sector, or statutes governing contributions and charges under the Local Government Charges Act. Municipal by-laws, by

contrast, generally serve a public safety purpose. For example, a by-law may restrict the free roaming of large dogs and dangerous dogs.

Regulations may only be issued in cases specified by law. General provisions governing the procedure for issuing local regulations are set out in the State Penal and Regulatory Act (LStVG). The LStVG and other laws also contain provisions authorising the issuance of local regulations in the field of public safety and order. You can obtain

further details from your local authority.

The local regulations for the town of Kitzingen are available at https://www.stadt-kitzingen.de/rathaus-buergerservice/ortsrecht.