Ordinance on the Administrative Fines Procedure (OBVV) - Misdemeanor Offenses under Cantonal Law (OBVV)
Table of Provisions (8)
Statutory Text (8 Provisions)
1. The cantonal legal offenses that are subject to a fixed penalty and the amount of the fines are set forth in Annex 1.
1. Municipal regulatory offenses may be sanctioned with fines if explicitly stipulated in a municipal regulation and if the fine amount for a single offense does not exceed CHF 300.
2. If the total expected fine exceeds CHF 600, all offenses are adjudicated in the penal order procedure of the municipal council pursuant to § 38 of the Act on Municipalities (Municipal Act, MA) of December 19, 1978.
1. The police officers of the Cantonal Police are authorized to issue fines for violations under federal and cantonal law.
1. Officers of the municipal police forces are authorized to impose fines for violations of federal, cantonal, and municipal laws.
2. Other employees of the municipal police forces are authorized to issue fines for stationary traffic violations.
3. As fines for stationary traffic violations according to paragraph 2, only the offenses listed under numbers 2, 316, and 622 of Annex 1 of the Ordinance on Fines (OBV) of January 16, 2019, are applicable.
1. The Powers of Other Authorities of the Canton and the Municipalities to Impose Administrative Fines for Offenses Under Federal and Cantonal Law Are Exhaustively Set Out in Annex 2.
2. The Canton and Municipalities May Employ for the Collection of Administrative Fines Exclusively Persons Who
a) Are in an Employment Relationship under Labor Law with Them,
b) Can Demonstrate Training in the Area of Administrative Fines Procedure, and
c) Have Been Sworn in by the Competent Authority of Their Employing Agency Before Their First Assignment.
1. Municipalities may employ private security services to issue administrative fines in the area of stationary traffic according to § 4 para. 3 if
a) the municipalities have obtained approval from the competent department pursuant to § 20 para. 3 of the Law on Ensuring Public Safety (Police Act, PolG) dated December 6, 2005, and
b) the private security services have a permit in accordance with § 57 para. 1 lit. d PolG.
2. Private security services may only employ individuals who
a) are registered with the cantonal supervisory authority pursuant to § 57 para. 2 PolG,
b) can demonstrate training in the procedure for issuing administrative fines, and
c) have been sworn in by the head of the locally responsible municipal police corps prior to their first deployment.
3. Private security services are at all times subject to the supervision and directives of the locally responsible municipal police corps.
1. The revenues collected through summary penalty procedures accrue to the community bearing the expenses.
1. This regulation shall enter into force on July 1, 2021.