What are the characteristics of the public order

public safety and order

1. Neglected property

A regulatory intervention against the conditions on private property presupposes the presence of a danger to public safety or order.

In principle, every citizen can do what he wants on his property. Freedom of property finds its limit where laws are violated or protected legal positions of third parties are interfered with.

For example, the landowner is not allowed to store any object on his property. Restrictions arise, in particular from environmental protection or waste law provisions (e.g. in the event of the threat of groundwater contamination from leaking oil from a wrecked car stored on the property).

An overgrown garden with uncut lawns, weeds, garden furniture and children's toys lying around, broken clotheslines etc. does not pose a threat to public safety and order.

2. Noise from children playing

The play of the neighboring children in the garden, even if it should get louder, corresponds to the usual use of a garden plot in a residential area and is therefore to be accepted by the neighbors. The same applies to noises caused by children's games in children's playgrounds or public traffic areas. However, from 10 p.m. to 6 a.m., the night time of rest according to the state pollution control law applies.

3. Use of alcohol in public

Consumption of alcohol in public as such does not pose a threat to public safety or order without the addition of additional circumstances. Behavior that is simply unusual or tasteless and / or causes incomprehension or discomfort in parts of the population must be tolerated by the regulatory authorities as long as no damage to a protected asset (e.g. property, physical integrity, etc.) is to be feared.

Excessive consumption of alcohol primarily endangers the health of the drinker. The mere self-endangerment is, however, to be accepted as an expression of the general right of personality according to Art. 2 Para. 1 of the Basic Law and by society and the regulatory authorities.

Only children and adolescents are protected by various laws and prohibitions (e.g. Section 4 (1) of the Act for the Protection of Young People in Public Prohibits the serving of alcohol to children and adolescents).

The subjective fear that citizens, tourists and visitors might have a negative impression of the community by looking at people drinking in public is not sufficient for the regulatory authority to intervene.

4. Barbecue party in the neighbor's garden (odor nuisance)

According to Section 7, Paragraph 1, Clause 1 of the State Immission Control Act of North Rhine-Westphalia, burning and burning of objects for the purpose of recovering individual components or for other purposes in the open air is prohibited insofar as this could endanger the neighborhood or the general public or be significantly nuisance.

Noise and odor nuisance affect private rights, which are protected by both public law and civil law.

(Excessive) grilling is forbidden in the open air if the odor emissions caused thereby penetrate in concentrated form into the living room or bedroom of a neighbor.

5. Party in the neighbor's garden (noise pollution / disturbance of the night's sleep)

The legal interest affected here is unhindered sleep and the undisturbed use of the apartment and the garden, i.e. the property of the neighbors. Only private legal interests are therefore affected. The protection of private legal interests is primarily the task of civil courts and their enforcement bodies. The regulatory authority can only intervene if either private rights are also protected by public law norms or civil law help can be obtained quickly enough.

From 10 p.m. to 6 a.m., activities that are likely to disturb the night's sleep are prohibited. This results from Section 9 (1) of the State Immission Control Act NRW.

In the case of the criterion "capable of annoying the general public or the neighborhood considerably or disturbing the night's sleep", it must be checked to what extent the night's sleep is disturbed.

The following are to be taken into account:

  • the level of the volume,
  • the duration of the impairment,
  • the regularity of the impairment,
  • the time of the noise exposure (day or night) and
  • the distance of the residential buildings to the source of the noise

The procedure depends on the specifics of the individual case. A one-off disturbance of the night's rest with low intensity and short duration of the impairment does not meet the requirements of Section 117 Administrative Offenses Act, nor the facts of the regulations of the federal states on noise protection. Occasional partying is part of the intended use of a garden plot in a residential area. In the case of a one-off celebration, it can be reasonable to accept the noise for a few hours.

If, however, high-intensity noise is caused over a longer period of time and this is repeated, if necessary, and possibly at regular periods, one can definitely recognize a violation of Section 117 of the Administrative Offenses Act or the State Immission Control Act NRW.

Violations can be punished with an administrative offense procedure and result in a fine.

The complainants are asked to keep a noise log for evidence purposes so that the individual violations are documented.

6. Obligation to affix a house number

The federal legal basis or requirement for the affixing of house numbers can be found in Section 126, Paragraph 3 of the Building Code: "The owner must provide his property with the number specified by the municipality. Otherwise, the state regulations apply."

According to this, the owner of a property is obliged to provide his property with the number specified by the municipality and to obtain and attach the sign himself at his own expense.

Likewise, § 10 of the regulatory authority ordinance for the maintenance of public safety and order in the area of ​​the city of Ennigerloh prescribes the affixing of a house number: "Each house is owned by the owner or authorized user, at his own expense, with the house number assigned to the property, to be provided; the house number must be recognizable from the street and be legible. "

Violations of the regulations constitute an administrative offense and could be punished with a fine.

If the house owner or a person authorized to use the building refuses to put a house number on the building, the municipality can impose fines and, by way of substitute performance, have the sign attached itself or by a third party.

It is in the interests of the owner and the tenant that a house number is clearly visible so that the fire and rescue services can quickly find the right address in an emergency. The recognizability of the house number is also important for post and other delivery services.

7. Disposal of wild garbage

Attentive citizens who want to report a wild rubbish dump can contact the urban development department, Mr. Paulfeuerborn, Tel. 02524 28 3070.

If a polluter has been observed unloading the rubbish or the polluter can be determined from the type of garbage (letters with addresses, etc.), the regulatory authority will act to prosecute the offense. In this case, please contact the Department of Order and Social Affairs, Mr. Ermer, Tel. 02524 28 2170.

8. Other disturbances of the peace

Every summer, the public order department has to deal with numerous complaints about disturbances of the peace.

As experience shows, many disturbances of the peace are based on recklessness towards fellow human beings, thoughtlessness or ignorance of the regulations of noise protection. Most of the time it remains with complaints, in individual cases there are reports.

In order to avoid unnecessary quarrels and trouble with neighbors, authorities and courts, the following information should be observed:

a.) Use of lawn mowers and other garden tools

Complainants often express their incomprehension that the neighbor spends the whole day at home but does not mow his lawn with his motor mower until after 8 p.m. It is forbidden to use lawn mowers (including so-called low-noise devices) in sensitive areas (i.e. pure, general and special residential areas as well as special areas for recreation, spa and clinic areas, areas for foreign accommodation and on the premises of hospitals and care institutions) with electric and petrol engine

  • on Sundays and public holidays
  • as well as on working days (Mon. to Sat.) between 8:00 p.m. and 7:00 a.m. outdoors

The prohibition also applies to the use of scarifiers, grass trimmers, hedge trimmers, portable chainsaws, concrete mixers, tillers as well as forage harvesters, each with an electric or gasoline engine, and for water pumps (with the exception of pond pumps).

b.) Use of noisy garden tools with environmental labels

Particularly noisy garden tools with environmental labels (you can recognize them by a stylized flower with a circle of twelve stars as petals and the euro symbol in the middle) are also not allowed

  • on Sundays and public holidays
  • as well as outdoors on workdays between 8:00 p.m. and 7:00 a.m.

Noise-intensive garden tools in this sense are brush cutters and grass trimmers / grass edge cutters with internal combustion engines, as well as leaf blowers and leaf collectors with electric or internal combustion engines.

General legal bases