Dogs are not allowed on the beach

A total ban restricts the freedom of pet owners to stay in a certain place, the spokesperson said.

Complaint against city rules

The problem arose in relation to a complaint to the Ombudsman by a resident of Środa Wielkopolska. He argued that the ban on walking dogs on the beach and in the bathing area by Lake Średzkie was against the law.

The ban is laid down in the regulations for maintaining tidiness and order in the municipality – an annex to the resolution of the city council of April 7, 2016. The ban on dogs is also included in the regulations for the use of this bathing beach.

read moreWSA: The municipality cannot let the dog lead on a leash

In the case law of the administrative courts, a uniform position is adopted, according to which the powers of the municipality – on the basis of art. 4 seconds. 2 point 6 of the law of 13 September 1996 on the maintenance of cleanliness and order in municipalities – the introduction of a complete ban on the introduction of all pets in certain areas and places is not appropriate. The provision of the law only empowers the city council to regulate such treatment with pets so that their stay in these areas is not burdensome and does not endanger the people residing there. And the ban on walking dogs overly restricts pet owners’ freedom of movement and stay in a particular place and breaks the law.

See case law in LEX: The right of municipal councils to require dog owners by law to register dogs and thereby provide their personal data>

Without legal delegation

The case law also points out that since art. 4 seconds. 2 paragraph 6 of the law obliges the self-governing body to establish the obligations imposed on pet owners to ensure protection against contamination of common areas by them, it is not allowed to settle the same issue and to the same extent in the decision taken on the basis of art. 40 seconds. 2 point 4 of the law of 8 March 1990 on the self-government of municipalities (on the basis of which municipalities can issue local laws within the framework of rules and procedures for the use of communal facilities and facilities of public interest).

And this provision of the law on municipal self-government covers only those matters that are not under the legal delegation under art. 4 seconds. 2 point 6 of the Law on the maintenance of tidiness and order in municipalities, and relate to the rules and procedures for the use of utilities and facilities. In other words, the scope of the delegation defined in art. 4 seconds. 2 point 6 of the law on the maintenance of tidiness and order in municipalities, excludes the issuing of local legal acts on the basis of art. 40 seconds. 2 point 4 of the Municipal Self-Government Act.

In the light of case law, the provisions of the regulations of Środa Wielkopolska are contrary to Art. 4 seconds. 2 point 6 of the Law on the maintenance of tidiness and order in municipalities. It does not give the municipality the right to impose a complete ban on the introduction of all pets into certain areas by local law. The regulations regarding the use of the swimming pool in Środa Wielkopolska, which prohibit the entry of dogs on the property, should also be considered illegal. Since the obligations of pet owners must be laid down in the regulations for the maintenance of tidiness and order in the municipality (Article 4, paragraph 2, sixth paragraph, of the Law on the maintenance of neatness and order in municipalities), it is unacceptable to settle the same issue in a resolution adopted under art. 40 seconds. 2 point 4 of the Municipal Self-Government Act.

That’s why deputy human rights defender Maciej Taborowski has asked Mayor Piotr Mieloch to take legislative action to eliminate illegal local laws prohibiting the introduction of pets onto beaches.

Check in LEX: Is it possible to add a provision about the mandatory registration of dogs at the town hall in the regulations of maintaining cleanliness and order in the municipality? †

The Mayor’s Answer

The analysis of the case law of administrative courts cited in the Ombudsman’s letter confirms the unanimous view that the statutory powers of the City Council do not include the introduction of a complete ban on introducing all pets into specific areas and places – acknowledges the major.

AND promises that appropriate legislative action will be taken by December 31, 2021. to remove from the legal system applicable local laws prohibiting the entry of pets, including dogs, into beaches, bathing areas and places commonly accepted for bathing, including the bathing area at ul. Plażowa 4 in Sroda Wielkopolska.

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