Police Ordinance

Concept and Legal Nature of the Police Ordinance

Die Police Ordinance is a central instrument of special regulatory law in Germany and serves the immediate prevention of dangers as well as the regulation of behavioral obligations to safeguard public safety and order. It is issued—usually at the state level—by police authorities or by self-governing bodies with police powers and standardizes general abstract obligations for the public or certain groups of persons. The police ordinance thus fundamentally differs from individual orders (police orders) through its general and abstract-normative character.

Legal Foundations of the Police Ordinance

Statutory Authorization Bases

The authority to issue police ordinances generally arises from the police laws of the federal states. A general police clause alone is insufficient due to the reservation of statutory law and Art. 20 (3) of the Basic Law (GG). Rather, an explicit authorization to issue ordinances is required. Examples can be found in § 10 of the Baden-Württemberg Police Act (PolG BW) or § 27 of the Bremen Police Act.

Areas of Application

Police ordinances are often issued in connection with the following matters:

Maintenance of public safety and order
Regulation of the general use of public roads and squares
Noise protection, protection against harmful environmental effects
Dealing with animals in public spaces
Regulations for events and assemblies

Content and Structure of the Police Ordinance

Target Group

Police ordinances are generally directed at an indeterminate group of persons. They may apply to the entire state or municipality, or be limited in scope or subject matter.

Regulatory Content

Their content may concern the permission and prohibition system of various aspects of daily life, for example:

Prohibitions of certain behaviors (e.g. ban on alcohol consumption in public spaces)
Mandated actions (e.g. snow removal and gritting obligations)
Orders regulating operating hours or access restrictions (e.g. bathing season regulations)

Police ordinances must be sufficiently precise so the addressees can recognize the obligations to be followed.

Form and Procedure

The issuance of a police ordinance is subject to established procedural requirements:

Written form and proper statement of reasons
Publication (official announcement)
Safeguarding any participation rights (e.g. municipal representative bodies)

Errors in procedure or formal defects can lead to the nullity of the ordinance.

Relationship to Other Legal Acts

Police ordinances rank below formal statutes but must conform to them and may not, in particular, exceed legislative authority (“no essential regulations”). In the event of a conflict with higher-ranking law (federal statutes, ordinances with statutory force), police ordinances are void due to the precedence of higher-ranking law.

The legal nature differs from instructions or individual police orders due to the general and abstract effect of the police ordinance. Furthermore, the police ordinance can also create administrative offenses subject to fines, as far as this is permitted by the legislature.

Legal Protection and Oversight of Police Ordinances

Statute and Ordinance Review

Legal recourse to the administrative courts is open against police ordinances. Affected parties may challenge the legal effectiveness of a police ordinance by means of judicial review. In states with an independent Higher Administrative Court, this can be done according to § 47 of the Administrative Court Procedure Act (VwGO). In other federal states, depending on the specific state law, there may be the possibility of incidental judicial review within the framework of an administrative procedure or during enforcement of measures based on the ordinance.

Scope of Judicial Review

Judicial review extends to the validity of the legal authorization, observance of the reservation of statutory authority, substantive and formal lawfulness, in particular:

Jurisdiction of the issuing authority
Upholding principles of the rule of law (requirement for certainty and proportionality)
Compatibility with higher-ranking law (especially fundamental rights — for example, Art. 2 (1) GG with respect to general freedom of action)

Primacy of Laws and Binding Force of Fundamental Rights

A police ordinance may not exceed the statutory limits. Infringements on fundamental rights by police ordinances are only permissible within the scope of statutory authorization and subject to the restrictions of Art. 1 (3) GG. Typical fundamental rights issues involve freedom of assembly, property, freedom of movement, and the principle of equality.

Typical Examples and Cases of Application

Municipal Police Ordinances

At the municipal level, police ordinances are frequently issued regarding:

Noise protection in residential areas and in public places
Leash requirements for dogs
Regulations on nighttime quiet periods
Fire protection regulations for events or markets

State Police Ordinances

Certain federal states have general police ordinances that establish uniform obligations, such as:

Regulations on averting dangers from natural events (storms, flooding)
Restrictions to contain infectious diseases

Distinction from Other Norms

The police ordinance is to be distinguished from other regulatory instruments:

Bylaw: refers to self-administration in the municipality’s own sphere of competence
Administrative Act: applies to individuals or individually determinable addressees in a specific case
General Ruling: a measure specific to one case but directed at a particular group of persons

Frequently Asked Questions

How does a police ordinance become legally effective?

The police ordinance is a formal regulatory instrument adopted by a competent authority, typically the local regulatory authority or municipality. The procedural steps for the enactment of a legally effective police ordinance are determined by the respective police laws of the federal states and the municipal codes. Initially, the authority prepares a draft ordinance based on statutory authorization. In many cases, this draft must be discussed and adopted by the relevant body, such as the municipal council or city council. After the decision is made, the ordinance is executed, with the document being signed by the representatives of the issuing authority. Legal effectiveness also requires public announcement of the ordinance; this is usually done by publication in the local authority’s official gazette or on its website. Only after proper announcement does the police ordinance gain legal effect with respect to the affected addressees.

Who is bound by a police ordinance?

In principle, all persons who are present in the geographic scope of the ordinance or reside there, regardless of nationality or residence status, are bound by a police ordinance. Legal entities, such as companies or associations, are also subject if their conduct falls under the ordinance’s provisions. The decisive factor is that the police ordinance, as a legal norm, is abstract and general in nature and is directed at an indeterminate number of persons or groups. The binding effect exists regardless of whether the individual is aware of the ordinance. Ignorantia legis non excusat (“ignorance of the law does not excuse”) also applies to police ordinances, meaning an appeal to ignorance of the rule is legally irrelevant.

What legal requirements must be met for the issuance of a police ordinance?

The issuance of a police ordinance necessarily requires an express statutory basis for authorization, typically found in the police laws of the federal states or in municipal regulations. Beyond formal competency, substantive law requires the existence of a concrete danger to public safety or order. The measures contained in a police ordinance must be proportionate, suitable, necessary, and appropriate. Another key criterion is the requirement for clarity: The rules of the ordinance must be clear and unambiguous so the addressees can recognize which behavior is permitted or prohibited. Formal requirements such as execution and proper announcement must also be observed.

Can police ordinances be subject to judicial review?

Yes, police ordinances are subject to judicial review. If there is suspicion of formal or substantive errors, a judicial review procedure can be initiated before the competent administrative courts, often the Higher Administrative Court or Administrative Court of the relevant federal state. In this process, it is examined whether the ordinance is based on a sufficient formal legal authorization, whether the formal requirements are fulfilled (such as execution and announcement), and whether the substantive conditions are met (clarity, proportionality, necessity, suitability, and lawfulness of contents). If a violation is found, the police ordinance can be declared wholly or partially void.

How long is a police ordinance valid and how is it repealed?

The duration of validity of a police ordinance depends on its content and statutory provisions. Often, the ordinance itself includes a time limit, especially for temporary regulations (e.g. during specific events). If there is no time limit, it generally applies indefinitely until it is changed or repealed by a subsequent ordinance. The repeal of a police ordinance is effected by a formal regulatory repeal process, which follows the same procedural route and formal requirements as the original issuance. If necessary, the court may determine the nullity and thus the inapplicability of the ordinance during a legal review.

What sanctions may be imposed for violating a police ordinance?

A violation of a police ordinance may be penalized as an administrative offense. The legal bases for this are found in the respective state administrative offense laws as well as the Administrative Offenses Act (OWiG). In the context of administrative offense proceedings, fines may be imposed, the amount of which depends on the seriousness of the violation and relevant state regulations. In particularly serious cases or in case of repeated violations, substitute performance or coercive fines may also be ordered. Criminal sanctions are usually only considered if the violation also fulfills the elements of a criminal offense.