The new dog tax statute in Lenggries has somehow become a political issue.
Some local councils see the leap in raising fees as too big.
Others find some wording discriminatory.
Lenggries
- The Lenggries main committee had already discussed the new dog tax statute in detail at the beginning of February (we reported).
Various questions and suggestions arose.
And indeed, even after the meeting, some municipal councils were still thinking about the new rules and fees.
Tobias Raphelt (SPD) had even sent the administration an alternative draft statute.
Increasing the tax by over 60 percent is too much for the SPD
Among other things, this provides for a lower increase in fees.
So far, 50.40 euros were due for the first dog.
The administration proposes an increase to 84 euros.
Raphelt would rather only estimate 72 euros.
Even with the rates for other dogs, he remains under the proposal of the administration.
Only fighting dogs would also be taxed by the SPD municipal council at 1200 euros per year.
There was support from parliamentary group colleague Sabine Gerg.
If taxes were to be increased by 60 percent in one fell swoop in other areas, the outcry would be great.
"I would have liked to have treated people more respectfully here." For example, the tax rate could have been raised in stages over several years, said Gerg.
You can see that the community has to put in a certain amount of effort to set up and empty dog toilets or to remove leftovers.
“But dirt is also made by day trippers and vacationers.
We'll take it with you now. ”She would have liked a little more courtesy towards the dog owners.
Is a formulation in the articles of association discriminatory?
Mayor Stefan Klaffenbacher (FWG) partly agreed with her.
“The tax should have been adjusted in the past few years.” Yes, the increase was “considerable.
But it is not the case that this means that we are able to cover our costs in this area, ”said the mayor.
Ultimately, the tax rates have remained almost the same since 2004, added treasurer Michael Wenig.
The amounts now proposed would be based on the surrounding communities.
A second major point of contention was the wording in the paragraph about the tax exemption of dogs for people with disabilities.
Among other things, there is talk of “completely helpless”.
Markus Ertl (FWG) had already suggested to the main committee to replace what he saw as an “undefined term”.
In his draft statute, Raphelt suggested the use of the official markings, which can also be found, for example, in ID cards for the severely disabled.
Jurisprudence knows the term "completely helpless"
Little had done extensive research on this point and advocated sticking to the phrase “completely helpless”.
"Complete helplessness was defined by the Bavarian Administrative Court with partial reference to social law." This formulation already existed in the model statute of the Ministry of the Interior from 1980 - just as in the new edition 2020. Since many municipalities have adopted this formulation in their dog tax statute This tax exemption - in particular the term "completely helpless" - has been comprehensively interpreted by the jurisprudence of the past 40 years and has proven itself as a result, said Wenig.
“That has been argued through and defined,” said Wenig, the tax office could refer to the case law.
Not all councilors were satisfied with this.
“In the main committee meeting, Mr. Ertl clearly explained why the term is discriminatory.
The alternative suggestion sounds logical to me, ”said Roman Haehl (Greens).
Statutes resolved with votes against
Klaffenbacher, on the other hand, advocated orienting oneself on the model statute of the ministry.
That supported CSU parliamentary group leader Josef Wasensteiner.
“That creates legal certainty.” He also hopes that the greatest possible tax equity will be achieved in the future, “by recording as many dogs as possible.
There is still room for improvement ”.
In the end, the new statutes were approved with 22: 3 votes.
Ertl, Gerg and Raphelt voted against this.
The following rates will apply to dogs in Lenggries in the future: For the first dog, 84 euros (previously: 50.40 euros) are due per year, for every second dog 168 euros (110.40 euros).
Each additional dog costs 252 euros (200.40 euros).
Attack dogs cost 1200 euros a year.
There are various options for a reduction or temporary exemption, for example if the animal comes from the animal shelter or the owner has a dog driver's license.
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