Local Law; Adoption of Bylaws and Ordinances

Bylaws and ordinances differ primarily in the subject matter they regulate:

Bylaws are enacted to regulate municipal affairs. The authority to enact bylaws generally derives from the right of municipal self-government, which also encompasses legislative autonomy.

The procedure for enacting bylaws is governed by the Municipal Code of the Free State of Bavaria. Bylaws within the municipality’s own sphere of authority do not require separate authorization if they do not infringe upon the rights of third parties or affect the obligations of third parties. By contrast, the enactment of ordinances regulating delegated matters, as well as ordinances that impose fines for violations of their provisions (= enforceable ordinances), is permitted only in cases specified by law.

Examples of municipal statutes include statutes mandating connection to and use of water and wastewater systems, or statutes governing contributions and fees under the Local Tax Act.

In contrast, municipal ordinances generally serve a public safety purpose. For example, an ordinance may restrict the free roaming of large dogs and fighting dogs.

The enactment of ordinances is permitted only in cases specified by law. General provisions governing the procedure for enacting municipal ordinances are set forth in the State Penal and Ordinance Act (LStVG). The LStVG and other laws also contain provisions authorizing the enactment of municipal ordinances in the area of public safety and order.

You can contact your local municipality for more details.