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A judgment and its consequences

2021-03-05T06:04:51.840Z


The joy was short-lived. Exactly for one winter, the residents were exempt from clearing and littering a good 40 so-called restricted-public roads, i.e. sidewalks without associated roads, in Starnberg and the districts. Instead, the municipal depot took over the work. With 19:11 votes, the city council has now changed the corresponding ordinance again in its most recent meeting, the residents will be responsible for the routes again in the future.


The joy was short-lived.

Exactly for one winter, the residents were exempt from clearing and littering a good 40 so-called restricted-public roads, i.e. sidewalks without associated roads, in Starnberg and the districts.

Instead, the municipal depot took over the work.

With 19:11 votes, the city council has now changed the corresponding ordinance again in its most recent meeting, the residents will be responsible for the routes again in the future.

The background to the matter was the complaint by a resident of the approximately 70-meter-long path An der Schindergrube between Prinzenweg and Wilhelmshöhenstraße.

The housewife resisted the city-imposed eviction obligation - and got right in two instances, most recently by the Bavarian Administrative Court (we reported).

That in turn called the Bavarian Community Day on the scene.

Because the Starnberg judgments affect all Bavarian municipalities, he introduced a legislative initiative.

On December 23 of last year, the state parliament passed an amendment to the Bavarian Road and Road Act, according to which residents of the "restricted-public" roads are again responsible for winter maintenance.

The municipalities should incorporate the corresponding passage in their respective cleaning and security ordinances, communicated the municipality day in the episode.

When the city council had to make a decision, it was anything but a matter of form.

Eva Pfister (BMS) requested that “the complex issue” should be discussed extensively in a committee, as the change would not bring equality for everyone, as she said.

However, Pfister did not get a majority with 14:16 votes.

Professor Otto Gaßner (UWG) criticized “legislation at the expense of the citizens”.

There are "independent Gasserl that are completely unproblematic, but also some where it is a drag," he said.

Angelika Kammerl (CSU), on the other hand, was bothered by the “expectations of the city”.

Starnberg also had to obey the laws, she said - and was thus in line with Mayor Patrick Janik.

The alternative is to relieve the citizens and to have the roads cleared at the city's expense.

"I have a relatively clear tendency," said Janik, referring to the tight budget situation.

According to city hall spokeswoman Lena Choi, there are currently 45 “restricted-public” routes in Starnberg, as she said at the request of Starnberg Merkur.

The residents are now responsible for 41 of them.

There are special regulations for four routes.

With reference to data protection, Choi did not want to provide further information.

Source: merkur

All news articles on 2021-03-05

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