Hilgertshausen - The municipal council of Hilgertshausen-Tandern has unanimously passed a new ordinance on keeping public roads clean and cleaning public roads and securing sidewalks in winter.
The managing official in the town hall, Uwe Kreißelmeier, showed that the basis of the new order is the amendment to the Bavarian Road and Road Act adopted by the Bavarian State Parliament in 2020.
This provision enables the municipalities to transfer the winter service for the walkways to the residents.
BY JOSEF OSTERMAIR
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The sidewalks must be swept and cleared in winter.
© dpa / Arne Dedert
The main difference to the previous statutes is that the regulation that required street cleaning every Saturday is viewed as ineffective. This passage will now be replaced by “if necessary”. The cleaning areas for the residents are specified in a street cleaning directory. According to this, there is a difference between roads with heavy traffic, where only the remaining parts of the road need to be cleaned (group A), roads with more traffic, where, in addition to the other parts of the road, an additional 0.5 meters of the lane edges have to be cleaned (group B), and less traveled roads Roads where the cleaning area extends to the middle of the lane (group C) should be distinguished.
The municipal administration proposed that the through-roads of state and district roads should be assigned to group A.
In the opinion of the administration, the remaining public roads within the through-town are to be assigned to group C.
As before, the cleaning area extends to the middle of the lane.
The municipal council agreed that the road classification in group B, as the administration found, can be omitted.
The municipal councilors Georg Murner (CSU) and Hans Pröbstl (Hilgertshausen-Tandern voter association) were not happy about the new statutes. Murner said that it would be bad to make the roadside residents liable in the event of damage, and Pröbstl spoke to the winter service. "When the resident clears the sidewalk, then the snow plow comes and conveys the snow back again," said Pröbstl, who countered Mayor Markus Hertlein: "But we need a basic legal regulation."
Peter Schadl (CSU) insisted that the new statutes should also be observed along parish properties, and Christoph Hardt (Citizen List Tandern) pointed out: “That sidewalks are 1.50 meters wide, measured from the walkable edge of the road, accordingly the ordinance must be cleaned by the residents, have very few on the screen, so this should be well known. "
A change in the law would have become necessary because the Bavarian Administrative Court had decided that Article 51, Paragraph 5, Sentence 1 of the BayStrWG did not allow the winter service obligations to be transferred to public roads that only serve pedestrian traffic or pedestrian and bicycle traffic. In order to enable the transfer of these obligations again in a legally permissible manner, the Bavarian Municipal Association initiated a corresponding change in the law through the state government, which came into force on January 1, 2021.
From this point in time, residents (and, if applicable, residents behind) can be effectively consulted by a municipal cleaning and safety ordinance for winter service for public roads, in particular restricted public roads, i.e. pedestrian zones, independent sidewalks and independent sidewalks and cycle paths.
“There is a need for action for the community to the extent that the community ordinances on the transfer of winter service are to be re-enacted,” Kreißelmeier explained to the community councils.
The adopted new ordinance largely corresponds to the model ordinance of the Bavarian Municipal Association.
List of rubric lists: © dpa / Arne Dedert