# Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - Subject Matter (261.31)

**Acronyms:** KOBV, OCADO, RCSO
**Jurisdiction:** CH-NW
**Canonical URL:** https://legislator.ch/en/law/ch/nw/261.31/261-31-kobv-ordinance-on-the-cantonal-administrative-fines-act-cantonal-administrative-fin
**Official Source:** https://nw.clex.ch/app/de/texts_of_law/261.31

## Provisions

### § 1 Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - Subject Matter

1. This regulation governs the enforcement of the Cantonal Ordinance Fine Act.

2. It determines the cantonal authorities that are authorized to levy federal ordinance fines.

3. It regulates the electronic ordinance fine procedure.

### § A1-2 Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - List of Fines

1

Number | Offense According to the Settlement and Residence Act (SRA) | Amount in CHF

--- | --- | ---

1 | Violation of the Notification or Information Obligation (Art. 26 SRA) | 200.-

2

Number | Offense According to the Cantonal Criminal Code (CCC) | Amount in CHF

--- | --- | ---

1 | Misuse of Alarm Devices (Art. 6 No. 1 CCC) | 100.-

2 | Misuse of Rescue Equipment (Art. 6 No. 2 CCC) | 200.-

3 | Disturbing the Peace (Art. 7 CCC) | 100.-

4 | Improper Custody or Supervision of Animals (Art. 8 CCC) | 200.-

5 | Refusal or False Statement of Identity (Art. 10 CCC) | 100.-

6 | Intentional Disruption of Police Service, Resisting or Thwarting the Purpose of Police Orders (Art. 11 No. 1 CCC) | 200.-

7 | Intentional and Unauthorized Use of Police Features (Art. 11 No. 2 CCC) | 200.-

8 | Gross Harassment (Art. 12 CCC) | 200.-

9 | Intentional and Unauthorized Defacement and Disfigurement of Buildings and Facilities, thereby Affecting Appearance or Intended Use (Art. 13 No. 1 CCC) | 200.-

10 | Intentional and Unauthorized Posting or Allowing to Post Advertising or Informational Material on Buildings, Facilities, or Trees (Art. 13 No. 2 CCC) | 200.-

3

Number | Offense According to the Water Act (WA) | Amount in CHF

--- | --- | ---

1 | Filling of Tank Facilities Without Valid Sticker or With Obvious Defects (Art. 146 para. 2 No. 7 WA) | 300.-

4

Number | Offense According to the Health Act (HA) | Amount in CHF

--- | --- | ---

1 | Sale of Tobacco and Tobacco Products to Persons Under 18 Years (Art. 72 para. 1 No. 1 in conjunction with Art. 90 HA) | 200.-

5

Number | Offense According to the Dog Act (DA) | Amount in CHF

--- | --- | ---

1 | Violation of the Notification Obligation (Art. 19 No. 1 DA) | 100.-

2 | Lack of Identification (Art. 19 No. 2 DA) | 100.-

3 | Intentional Provocation of a Dog (Art. 19 No. 4 DA) | 300.-

4 | Improper Custody, Supervision, or Unsupervised Free Running of a Dog (Art. 19 No. 5 DA) | 100.-

5 | Violation of Prohibitions and Duties (Art. 19 No. 6 DA) | 100.-

6 | Violation of the Duty to Clean Up Dog Waste (Art. 19 No. 7 DA) | 100.-

6

Number | Offense According to the Cantonal Forest Act (CFA) | Amount in CHF

--- | --- | ---

1 | Unauthorized Holding of Events (Art. 52 para. 1 No. 1 CFA) | 300.-

2 | Riding or Cycling Off Forest Roads, Paths, or Authorized Sports Trails, or Ignoring Additional Orders by the Directorate (Art. 52 para. 1 No. 2 CFA) | 100.-

3 | Detrimental Uses of the Forest (Art. 52 para. 1 No. 3 CFA) | 100.-

7

Number | Offense According to the Fisheries Act (CFA) | Amount in CHF

--- | --- | ---

1 | Fishing Without Sufficient Authorization (Art. 6 CFA) | 50.-

2 | Fishing with a Foreign License (Art. 11 CFA) | 50.-

3 | Fishing as Holder of a Commercial License with More than Two Assistants (Art. 12 para. 2 CFA) | 250.-

4 | Fishing as Holder of a Commercial License with Assistants Under 15 Years (Art. 12 para. 3 CFA) | 250.-

5 | Accompaniment During Fishing by More Than One Guest with a Guest Additional License (Art. 15 para. 4 CFA) | 100.-

6 | Catching Crayfish Without Permission (Art. 18), per Crayfish | 100.-

7 | Accompaniment During Fishing by More Than Two Minors (Art. 19 CFA) | 50.-

8 | Fishing Without or With a Foreign Fishing Card (Art. 29 CFA) | 100.-

9 | Fishing with Unauthorized Methods and Equipment (Art. 35 CFA) | 100.-

10 | Violation of Close Seasons and Minimum Catch Sizes in Fishing (Art. 36 CFA) | 100.-

11 | Fishing Without Carrying the Required Documents (Art. 49 CFA) | 20.-

8

Number | Offense According to the Hospitality Law (HL) | Amount in CHF

--- | --- | ---

1 | Serving Alcoholic Beverages to Obviously Drunk Persons or Persons Under the Influence of Other Drugs, as well as to Teenagers Under 16 Years (Art. 46 para. 1 in conjunction with Art. 27 para. 1 HL) | 300.-

2 | Serving Distilled Spirits or Diluted Alcoholic Beverages on the Basis of Distilled Spirits to Teenagers Under 18 Years (Art. 46 para. 1 in conjunction with Art. 27 para. 2 HL) | 300.-

3 | Non-compliance with Orders of the Responsible Person to Maintain Quiet, Order, and Good Manners by the Guest (Art. 46 para. 2 No. 3 HL) | 100.-

### § A Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - Jurisdiction

1. In addition to the police authorities, the following cantonal bodies are authorized to impose fines according to the cantonal list of fines under § A1-2

1. the management of the Residents' Registration Office for violations pursuant to § A1-2 para. 1;

2. the employees of the Office for the Environment and Energy for violations pursuant to § A1-2 para. 3;

3. the staff of the Dog Control Office for violations pursuant to § A1-2 para. 5 items 1 and 2;

4. the wildlife protection authorities for violations pursuant to § A1-2 paras. 5 to 7;

5. the chief forester and the district foresters for violations pursuant to § A1-2 para. 6;

6. the fisheries inspector for violations pursuant to § A1-2 para. 7.

### § 2 Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - Jurisdictions

1. The levying of fines under the cantonal administrative fines law is authorized for the cantonal authorities listed in Appendix 1, in addition to the police authorities.

2. The levying of fines under the federal administrative fines law is authorized for the cantonal authorities listed in Appendix 2, in addition to the police authorities.

### § A2-1 Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - Jurisdiction

1. In addition to the police authorities, the following cantonal and municipal bodies are authorized to impose fines according to the federal fines list

1. the wildlife protection authorities for offenses pursuant to Number 5002 (Chapter V.), Numbers 7301 and 7302 (Chapter VII.), as well as Chapters XI. - XIII. of Appendix 2 to the OBV [13];

2. the employees of the Office for Environment and Energy for offenses pursuant to Chapter IX. of Appendix 2 to the OBV;

3. the municipal auxiliary forces for stationary traffic offenses pursuant to Appendix 1 to the OBV.

### § 3 Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - Forms 1. Principle

1. The receipt for the administrative fine must contain the following information

1. Designation of the authority;

2. Date, time, and place of the offense;

3. Description of the completed offense;

4. Fine amount;

5. Description of seized objects and assets;

6. Place and date of issuance;

7. Name and first name of the person issuing the receipt.

2. The cooling-off period form must contain the following information

1. Name, first name, date of birth, and place of residence of the accused person;

2. Date of issuance of the form;

3. Notice that regular criminal proceedings will be conducted if the fine is not paid within thirty days; subject to paragraph 4;

4. Notice that the deposited amount will be offset against the administrative fine if the accused person explicitly accepts the administrative fine within thirty days or if the cooling-off period expires unused;

5. Designation of the authority;

6. Date, time, and place of the offense;

7. Description of the completed offense;

8. Fine amount;

9. Description of secured objects and assets;

10. Deposited amount or other security;

11. Place and date of issuance;

12. Name and first name of the person issuing the form.

### § 4 Ordinance on the Cantonal Administrative Fines Act (Cantonal Administrative Fines Ordinance, kOBV) - 2. Electronic Procedure

1. In the electronic procedure, the accused person is given or provided with a form containing a QR code and the internet address, which grants them access to the cantonal police's internet platform.

2. On the internet platform, the accused person can, in particular

1. view the reflection period form;

2. process the payment of the administrative fine;

3. reject the administrative fine procedure;

4. present pertinent information, especially regarding the name and address of the person who committed the offense as the driver of the vehicle (Art. 7 Para. 4 of the Federal Administrative Fines Act).