To know

Policing powers of the mayor

> 1. The purpose of your policing powers

The measurements of font which you can take can answer several purposes, just like the same activity can depend on several fonts, which they are general or special.

The municipal police has the aim of ensuring:
the good command. It is a question of preventing the incidents at the time of the gatherings of population. You must avoid the overflows which could occur at the time of the public balls and festivals, of the spectacles, the fairs, of the markets, in the coffees, etc
public peace consists in ensuring the rest of the citizens by preventing the noises and the gatherings
night, assemblies, disputes and brawls in the streets.
public safety includes at the same time the prevention of the accidents, the calamities and pollution such as the fires, the avalanches and the floods, as well as the danger resulting from the wandering of the animals or the behavior of the lunatics. It also aims the font of the communal public highways (circulation, speed limit, stationing, buildings threatening ruin, etc).
the one gathers the measurements as regards hygiene of the people, the animals and the things.
In the communes where the font is nationalized, the repression of the attacks to public peace and the insurance of the good command when “large gatherings of men occur” concern the capacities of the prefect. You remain qualified for the other policing powers.
(see article 2259 1 of the and decree of September 19th, 1996).

The same activity can depend on several fonts
The same activity can concern the municipal police
for several reasons: thus, the opening of a coffee milked with public peace (possible disturbance of the peace at night), with the good command (gathering of men), with the public health (hygiene of the buildings) and with the security (receiving establishment of the public).
Complementarity enters the general font and the fonts
special. The hold of the law and order in its various components (peace, security, health) concerns the general font. Beside the general font, there is place for various special fonts which have more precise purposes and which see their organization and their operation determined by specific texts. Measurements can thus be enacted at the same time by the competent authority with the bond of the special font and by that qualified with the bond of the general font. There is complementarity between the authorities.

> 2. The exercise of your policing powers

If you play the most important part as regards municipal police, the prefect can also be resulted in intervening.

Your role as a main authority of font
Your policing powers cannot be deputy to the municipal council. The municipal council cannot enact rules as regards font. Any discussion of the municipal council in this field would be sullied with incompetence. On the other hand, you can consult the ones on a question concerned with the municipal police. However, this consultation will have to be done on a purely semi-official basis and not officially.
(see EC, May 6th, 1949, ; EC, June 22nd, 1983, Town of Lyon).

Your policing powers cannot be deputy to the general secretary of the commune. (see OJ, National Assembly - written Questions, March 16th, 1992, ).

Your policing powers cannot be deputy at a private company. A commune cannot pass a Convention with a private company of monitoring relating to the exercise of the general policing powers. Cannot be entrusted to a private company the organization of activities of patrolling the block, round and monitoring as well as prevention of the anarchistic stationing. (see in particular EC, June 17th, 1932, Town of ).

Your policing powers cannot be deputy with an inter-commune structure. You cannot transfer your policing powers to the chairman of an inter-commune structure. On the other hand, the pooling of by several communes is possible. On this assumption, the police officers are recruited by the various communes on employment at noncomplete time. Within this framework, each common residence the employer of the agent which is placed, for the fraction of time corresponding to its employment in this commune, under the line authority of the mayor of the aforementioned. (see OJ Senate written questions - August 28th, 1997, ).

Your policing powers can be deputy with one of your assistants. You can delegate your powers of font to an assistant or a town councillor under the terms of the item of the a delegation to an assistant can also result from the implementation of the item of the (absence, suspension, revocation or prevention of the mayor).

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