A municipal ordinance of citizen coexistence is a set of rules created by the municipalities, by virtue of the constitutional principle of local autonomy, to order the relations of coexistence and the patterns of behavior of the citizens, with the aim of with the objective of guaranteeing citizen security and harmonious coexistence in the municipalities.
According to the Law 7/1985 Regulating the Bases of the Local Regimethe municipal ordinances have to be approved by the plenary plenary session of the town councils (article 22.2 d) (article 22.2 d) and can regulate different areas, always respecting the Spanish Constitution and provided that they fall within the competence of local administrations, such as the cleanliness of public spaces, mobility management, business hours or citizen coexistence.
It is on the latter aspect that we focus in this article. For example, if we analyze the ordinance of citizen coexistence of the City Council of TarragonaWe see that it includes rules such as the prohibition of throwing cigarette butts on the ground, shaking carpets from balconies, consuming alcohol on public roads or using water vehicles in areas reserved for bathing on the beaches.
What areas are regulated by the municipal ordinance of citizen coexistence?
In general terms, the ordinances of citizen coexistence regulate behavior towards municipal public property (street furniture, gardens, parks, etc.) (street furniture, gardens, parks, etc.), rules of conduct in public spaces (such as the example of the prohibition of drinking alcohol or begging), noise and the possession of weapons.
Although each municipality can adapt the ordinance to its needs, there are some issues that are addressed in line with regional or national regulations, as is the case of the possession of weapons in public spaces, which in Catalonia is also pursued through the Dagger plan of the Department of the Interior of the Generalitat de Catalunya and promotes collaboration between Mossos d’Esquadra and local police.
Who oversees compliance with the municipal ordinance on citizen coexistence?
The surveillance of compliance with the municipal ordinance of citizen coexistence is mainly the responsibility of the local police of the municipality. local police of the municipalitybut other bodies such as the Mossos d’Esquadra (Catalan police) can also participate in this task. Mossos d’Esquadra.
For example, Article 76.1 of the municipal ordinance of citizen coexistence of the City Council of Barcelona attributes to the Guardia Urbana the competence to ensure its compliance and to denounce conduct contrary to it, but in article 76.2 it states that the Mossos d’Esquadra will also collaborate in this task, depending on the administrative infractions to be sanctioned, according to the coordination agreement on public safety and police matters between the Department of the Interior of the Generalitat and the Barcelona City Council.
In addition, the ordinances may also provide for the existence of civic civic agentsThese are people who, on behalf of the municipality, carry out surveillance services on public roads. As they cannot exercise authority functions, if they detect inappropriate behavior in relation to the ordinance, they notify the local police so that they can intervene.
Penalties for non-compliance with the municipal ordinance of citizen coexistence
The competence to sanction infractions of municipal ordinances lies with the mayor, although this may be delegated to other bodies, such as the local police, according to section n) of article 21.1 of Law 7/1985.
In addition, article 139 of the same law states that “local authorities may, in the absence of specific sectorial regulations, establish the types of infractions and impose sanctions, establish the types of infractions and impose penalties for non-compliance with the for non-compliance with duties, prohibitions or limitations contained in the corresponding ordinances”.
In this regard, articles 140 and 141 of Law 7/1985 regulate the classification of offenses and the limits of the economic sanctions that may be imposed by the municipalities in their ordinances. Thus, they establish that infractions can be very serious (up to 3,000 euros fine), serious (up to a fine of 1,500 euros) and minor (up to 750 euros fine).
Criteria for an infraction of the municipal ordinance on citizen coexistence to be considered as very serious
Within the municipal ordinance of citizen coexistence, the criteria for an infraction to be considered as very serious are specific and are set forth in article 140.1:
- A relevant disturbance of coexistence that seriously, immediately and directly affects the tranquility or the exercise of legitimate rights of other persons, the normal development of activities of all kinds in accordance with the applicable regulations or the public health or public order, provided that such conduct is not subsumed in the types provided for in Chapter IV of Law 1/1992, of February 21, 1992, on the Protection of Public Safety.
- The impediment of the use of a public service by another or other persons entitled to its use.
- The impediment or serious and relevant obstruction to the normal operation of a public service.
- Acts of serious and relevant deterioration of equipment, infrastructure, facilities or elements of a public service.
- Preventing the use of a public space by another person or persons entitled to use it.
- Acts of serious and relevant deterioration of public spaces or any of its facilities and elements, whether movable or immovable, not derived from alterations to public safety.
On the other hand, Article 140.2 determines that infringements may be considered serious or minor depending on the intensity of the disturbance of the aforementioned cases for the most serious infringements.
