Act on the Use of Public Space (NöRG) - Subject and Purpose (NöRG)

1. This law regulates the use of public space.

2. It aims to preserve and develop public space as an attractive living environment for the community.

3. Superior or special law remains reserved.

1. Public Space within the meaning of this Act includes commons as well as properties or parts thereof subject to this Act pursuant to paragraph 4.

2. Commons particularly include public roads, paths, squares, green spaces, and bodies of water.

3. Unless otherwise specified, Public Space also includes the subsoil and the column of air.

4. Additionally, properties or parts thereof can be subjected to the Act. Deviating regulations regarding the applicability of this Act may be provided for on a case-by-case basis.

a) To the extent that the canton holds disposal rights, subjection occurs by decision of the Government Council.

b) In other cases, subjection occurs at the request of the person or persons with disposal rights through the conclusion of a public-law contract. This contract must be approved by the Government Council.

5. Public Space within the meaning of this Act is determined by the competent authority and its geographical scope is maintained as a data layer in official surveying.

1. The use of public space in the municipalities of Bettingen and Riehen, excluding the cantonal roads, is regulated by the competent municipal authorities themselves, provided that no superior or special law opposes.

2. If the municipality does not exercise its regulatory competence, the provisions of this law shall apply mutatis mutandis.

3. For applications to use the cantonal roads in the municipalities of Bettingen and Riehen, the competent cantonal authority shall obtain a statement from the competent municipal authority.

1. The use of public space must correspond to the purpose that arises particularly from constitutional law, statute, ordinance, master plan, usage plans, and specific usage plans pursuant to this law.

2. Public space is to be used with the utmost care and with mutual consideration. It must not be polluted, damaged, or destroyed.

3. The use of public space must not endanger safety and order.

4. The competent authority may require that objects placed in public space for special purposes align with the cityscape.

1. Public spaces shall be accessible to persons with disabilities barrier-free, taking into account proportionality.

2. Events intended for the public must, insofar as reasonably possible and especially economically feasible, be accessible barrier-free. When assessing the economic feasibility, the following shall particularly be considered

a) the costs of the measures required for barrier-free access;

b) the economic expenditure for the event;

c) the expected benefit for persons with disabilities.

3. The government council shall designate a consultation office for the barrier-free use of events in public spaces. Coordination between the stakeholders is undertaken by the Center for the Rights of Persons with Disabilities in accordance with the Law on the Rights of Persons with Disabilities of September 18, 2019.

1. Whoever uses public space must not excessively impair the interests of third parties.

1. The permitting authority may require that multiple uses in public spaces be coordinated.

1. Whoever uses public space may be required to make the occupied space or their buildings, facilities, or objects available for joint use by other users, if overriding interests justify it.

2. Anyone wishing to use public space can, under the same conditions, be required to jointly use space occupied by others or buildings, facilities, or objects belonging to others.

1. Unless otherwise specified, public space may be used for ordinary public use without a permit and free of charge in accordance with this law.

2. Ordinary public use is deemed to be the use of public space that is both in accordance with its intended purpose and compatible with the public interest.

1. The use of public space for common usage may be restricted or revoked in the public interest.

2. The public interest particularly includes safety, the construction and maintenance of public roads, paths, and squares, as well as nature and environmental protection, heritage and monument protection.

1. The use of public spaces for special purposes generally requires a permit and is subject to fees.

2. Any use of public spaces that exceeds ordinary common use is considered use for special purposes.

3. By regulation, certain types of use for special purposes may be exempt from the permit requirement, or the permit requirement may be replaced by a mere notification obligation.

4. The publication of permits for uses for special purposes is to be regulated by regulation.

1. Constructions and installations are only permitted in public spaces

a) if they serve public purposes, or

b) if it is provided for by a law, a usage plan, or the specific usage plans pursuant to this law, or

c) if they are tied to a specific location and cannot be built outside the public space without excessive effort or if it is not reasonable to do so, or

d) as temporary facilities for a special occasion for a predetermined period of time.

2. For constructions and installations, in addition to the provisions of this law, especially the applicable building and planning regulations for public spaces must be considered.

1. The granting of a usage permit is decided based on a balancing of conflicting private and public interests. In the balancing of interests, consideration must be given to fundamental rights.

1. The permit of use shall be accompanied by the conditions and stipulations necessary to safeguard public and private interests.

1. The usage permit is generally issued to the person who applies for the special-purpose use.

2. For fixed structures and installations, the usage permit can be issued to the dominant property that the use serves.

1. Licenses for use granted to individuals are generally non-transferable.

2. In justified cases, the license for use may provide for a right to transfer.

1. The use of public space for special purposes is granted for a specified duration.

1. The usage permit may be amended or temporarily revoked, particularly if significantly changed circumstances require it or if it is necessary to protect overriding public or private interests.

1. Termination of the Right of Use Authorization,

a) upon the expiration of the period for which it was granted, or

b) if the beneficiaries under the Right of Use Authorization waive their rights, or

c) if it is revoked.

2. The beneficiaries under the Right of Use Authorization are required to restore the original condition of the utilized public space by the time the Right of Use Authorization terminates.

1. Revocation of a Usage Permit occurs in whole or in part,

a) if a reason for revocation, that is specified in the permit, exists, or

b) if the entitlements arising therefrom are not fulfilled by the parties entitled, or

c) if it is necessary to protect overriding public or private interests.

2. If it is required under the circumstances and possible with reasonable effort, the permitting authority must offer the permit holder an alternative location.

1. Unless otherwise provided by law or the license of use, there is no entitlement to compensation if the area in use is withdrawn from the approved utilization or cannot be used for other reasons.

2. If a license of use for buildings or installations is revoked before the expiration of the specified period, the entitled parties have a right to compensation

a) if they are not responsible for the revocation, or

b) if the revocation does not occur due to the occurrence of a condition specified in the license.

3. If the use for special purposes must be temporarily interrupted, the costs arising from this interruption may be imposed on the private parties interested in the interruption, if justified by the circumstances.

1. The Organizer's Permit grants the organizer the authority to issue permits to third parties for the use of public space for special purposes and to charge fees for such use for a specific occasion.

2. The Organizer's Permit may only be granted for precisely designated public spaces. It must be limited in time to a special occasion or a specific series of events.

3. The Organizer's Permit can stipulate the conditions under which and the terms upon which the utilized spaces or the structures erected thereon may be made available to third parties.

4. When granting permits for the use of public space for special purposes to third parties, the organizer must comply with legal regulations, especially fundamental rights.

5. The collection of fees is governed by the fee regulations according to this law. The government council may provide for deviations from these regulations.

1. The utilization of public space can also be permitted through an easement.

2. If a building right is to be established for the utilization of public space by private buildings, this must generally be provided for in a legally binding development plan. The government council determines the exceptions.

3. Easements can be registered in favor of a person or a dominant property whose use they serve.

1. In special cases, the use of public space for special purposes may be agreed upon through lease or rental contracts.

2. A special case may particularly exist,

a) if the use of existing buildings and facilities in public space is in the public interest, or

b) if it concerns the use of public space under viaducts and the like, which is not for common use.

1. With specific usage plans for public spaces, the use of individual locations can be more precisely regulated, insofar as the applicable law allows for it and public interests, such as a high demand for usage, justify it.

1. Specific Utilization Plans May Notably

a) regulate the intensity of use;

b) establish criteria for granting permission for special-purpose use when demand exceeds supply.

1. For the imposition of fees, the Law on Administrative Fees of March 9, 1972, is decisive, insofar as this law does not provide otherwise.

1. For the use of public space for special purposes within the meaning of this law, a fee shall be charged, unless the use is exempted from the fee obligation by regulation.

2. The fee for the use of public space for special purposes consists of a portion for the use of public space for special purposes as well as a portion for the processing of the application.

1. The calculation of the fee portion for the use of public space for special purposes is governed by the principle of equivalence and the principle of interest.

2. The following should be particularly considered

a) The interest of the fee-paying person in using public space and the advantages derived therefrom;

b) The location and size of the area claimed;

c) The duration of use;

d) The public interest in the use;

e) The intensity of the burden on the general public;

f) The fundamental rights exercised with the use.

3. Joint use in accordance with § 7 must be taken into account when calculating the fee portion for usage.

4. This fee portion is completely waived if the use of public space occurs in the exercise of political communication rights.

1. For the calculation of the fee portion for processing an application for the use of public space for special purposes, the cost recovery principle applies. Its amount depends on the administrative effort required for processing.

1. In comparison with other cantons, the fee for the use of public space for special purposes must be competitive.

1. Any person who uses public space for special purposes shall bear the additional costs arising therefrom, in particular the costs for development and traffic measures as well as for repair and cleaning work.

2. If special circumstances justify it and public interests are maintained, the bearing of costs may be regulated differently in the usage permit or by a special order.

1. All costs incurred by the canton or third parties due to excavation work shall be borne by the responsible party. These include, in particular, costs resulting from surface alterations, damages, relocations, and safety measures of lines, tracks, and road infrastructure.

2. Each affected party shall contribute to the costs pursuant to paragraph 1 to the extent that they derive benefits from a change in use. Should existing non-depreciated installations require renewal due to a change in use, the affected party shall be compensated for the residual value.

3. If a party makes special requests in the interest of permanently improving or expanding their own facility in the future, they shall bear the resulting additional costs alone.

1. For important reasons, a fee may be waived in whole or in part.

2. The Government Council shall regulate the details.

1. If the use of public space is established through an easement or through a lease or rental agreement, an appropriate fee for the use shall be determined in the respective contract.

2. The assessment of this fee shall be guided by the principles of equivalence and interest. Particular consideration must also be given to the private interest in using the public space.

1. The Government Council is responsible for granting a usage permit or establishing an easement for buildings and facilities in public spaces.

2. It may delegate this authority in whole or in part to subordinate administrative units by ordinance.

1. If an application for the use of public space for special purposes needs to be reviewed by multiple authorities, the decisions must be coordinated by the permitting authority.

2. Unless otherwise provided by laws or regulations, the permit procedure for the use of public space for special purposes, according to this law, serves as the primary procedure.

3. If a structure or facility is subject to approval under federal or cantonal laws, a joint construction and use permit shall be issued whenever possible.

1. Applications for the use of public space for special purposes must be published.

2. The publication of applications for the use of public space for special purposes may be dispensed with if significant impacts on space and environment and permissible objections can be excluded.

3. The publication of applications for the use of public space for special purposes is dispensed with if all significant impacts on space and environment associated with the application have already been published within the framework of special utilization plans.

1. If a permit is issued for a specific type of use of public space for special purposes, and it is foreseeable that there will be more applications than permits granted, all suitable interested parties must be able to apply for the issuance of the use permit freely and equally.

2. The issuance of the permit must be based on objective selection criteria and must take fundamental rights into account.

1. The Right to Object to an Application for the Use of Public Space

a) Is granted to anyone who is personally affected by the proposed use and has a legitimate interest in its modification or rejection, or

b) Is granted to anyone who is entitled to object under a specific provision.

2. In the context of an objection to the decision on the establishment of an easement for high-rise buildings, new objections are excluded if they could have already been raised in the preceding planning procedure.

3. The objection must be submitted with a written justification to the competent authority within 30 days of publication.

1. Appeals can be lodged against orders concerning the use of public space according to this law, in accordance with the general provisions.

2. For appeals against orders in building matters and against orders for which the coordination obligation according to the Federal Act on Spatial Planning applies, the Law on the Building Appeals Commission is decisive.

3. New objections are excluded if they could have been raised during the objection procedure.

1. Permits granted to third parties by organizers for the use of public space for special purposes, and the fee charged for this, may be reviewed by the competent authority upon the request of the third parties.

2. The competent authority shall decide by means of an order, which may be appealed according to the general provisions.

1. The Grand Council decides on the specific land use plans.

2. The Grand Council may delegate parts of this authority to the Government Council.

1. Drafts of specific usage plans for public spaces must be made available for public inspection for at least 30 days.

1. Objections to drafts of special land use plans for public spaces may be raised until the end of the public display period.

2. Entitled to raise an objection is

a) anyone who is personally affected by the plan and has a legitimate interest in its modification or rejection, or

b) anyone who is entitled to object under a specific provision.

3. Those who are not entitled to raise an objection may suggest changes to the drafts of special land use plans.

1. Decisions on specific utilization plans are to be published.

1. Appeals against specific land use plans for public space can be lodged with the administrative court according to the general provisions. Appeals to the administrative court are particularly permissible against decisions of the Grand Council; complaints regarding the violation of voting rights are excluded. New objections are excluded if they could have been presented during the objection procedure.

1. If public space is used in violation of regulations, the competent authority shall order the necessary measures to either terminate the use or ensure compliance with the regulations.

2. The competent authority may eliminate the unlawful condition at the expense of the obligated parties,

a) if it is necessary to prevent damage, disturbances, or hazards, or

b) if orders are not feasible or unlikely to succeed, or

c) if their orders are not followed.

3. Removed objects that are not immediately removed by the entitled parties may be disposed of or destroyed at the expense of the obligated parties.

1. Anyone who violates the provisions of this law, its implementation regulations, and the orders issued based on it, shall be punished with a fine.

1. Anyone who uses public space is liable to the Canton of Basel-Stadt for any damage thereby caused, according to the principles of federal civil law.

2. The holder of a usage permit is liable to the Canton of Basel-Stadt for all damages arising from the exercise of the permit and the related precautions. The authority assumes no responsibility for damages caused by usage with the examination and approval, as well as with any acceptance and clearance.

3. Damages particularly include

a) indirect damages, especially in the form of consequential costs and loss of income incurred by the Canton of Basel-Stadt;

b) depreciation of buildings, facilities, objects, trees, and plantings caused by the use of public space, such as excavations, soil compaction, and excessive wear.

4. If the community is held liable as the property owner, it is entitled to recourse.

1. The government council shall issue the necessary transitional and implementation provisions.

1. The Act on the Utilization of Common Land by the Administration and by Private Individuals dated March 24, 1927, is repealed.

2. The Common Land Fee Act dated December 16, 1992, is repealed.

3. The Misdemeanors Act dated June 15, 1978, is amended as follows

4. The Act on the Basel Autumn Fair dated March 14, 2012, is amended as follows

5. The Act on the Operation of Taxis (Taxi Act) dated January 17, 1996, is amended as follows