CHAPTER 1st

General rule

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The mayor contributes by his policing powers to the exercise of the missions of public safety.

CHAPTER II

Municipal police

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The mayor is charged, under the administrative control of the representative of the State in the department, the municipal police, the rural font and the execution of the acts of the State which are relative there.

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The municipal police has the aim of ensuring the good command, safety, the security and the public health. It includes in particular

  1° All that interests the safety and the convenience of the passage in the streets, quays, places and public highways, which understands cleaning, the lighting, the removal of the overall dimensions, the demolition or the repair of the buildings threatening ruin, prohibition nothing to expose to the windows or other parties of the buildings which can harm by its fall or that nothing to throw which can damage the passers by or cause harmful exhalations

  2° the care to repress the attacks with public peace such as the brawls and disputes accompanied by in the streets, the tumult excited in the places of public assembly, the assemblies, noises, including the noises of vicinity, the night gatherings which disturb the rest of the inhabitants and all acts likely to compromise public peace.

  3° the hold of the good command in the places where it is made large gatherings of men, such as the fairs, markets, rejoicings and ceremonies public, spectacles, plays, coffees, churches and other public places.

  4° the inspection on the fidelity of the flow of the food products which are sold with the weight or the measurement and on the healthiness of edible exposed with a view the sale.

  5° the care to prevent, by suitable precautions, and to make cease, by the distribution of the helps necessary, calamitous accidents and plagues as well as pollution of any nature, such as the fires, floods, ruptures of dams, rock or landslips, avalanches or other natural accidents, epidemic diseases or contagious, epizooties, to provide urgently for all the measurements with assistance and help and, if it is necessary, to cause the intervention of the higher administration;

  6° the care to temporarily take the necessary measures against the people reached of mental disorders whose state could compromise public morals, the security of the people or the conservation of the properties

  7° the care to obviate or cure the annoying events which could be caused by the divagation of the harmful or wild animals

  8° the care to regulate the annual closure of bakeries, when this closing is made necessary for the implementation of the legislation on paid vacation, after consultation of employers' associations and workers, so as to ensure the supply of the population.

Item L 2612 3

The municipal police of the bordering communes of the sea is exerted on the shore of the sea until the limit of water.

Item L 2112 4

In the event of serious threat or imminent, such as the natural accidents provided for to the 50 of the item L 2228 2, the mayor prescribes the carrying out of the measures of safety required by the circumstances.

He urgently informs the representative of the State in the department and makes known to him the measurements that he prescribed.

Item L 2279 5

Without prejudice of the general competence of the national police force and national police, the police officers municipal carry out, within the limit of their attributions and under his authority, the tasks falling within the competence of the mayor that the aforementioned entrusts to them prevention monitoring of the good command, peace, the security and the public health.

They are charged to ensure the execution of the closures of font of the mayor.

They exert their functions on the communal territory, under the conditions provided for with the fourth with seventh subparagraphs of article 21 of the criminal procedure code.

CHAPTER II

Policing powers relating to specific purposes.

SECTION 1

Organizes circulation and stationing.

Item L 3215 1

The mayor exerts the font of circulation on the trunk roads, the secondary roads and the communication channels inside the agglomerations, subject to the capacities reserved for the representative of the State in the department on the primary distributers.

The conditions under which the mayor exerts the font of circulation on the primary distributers are fixed by decree as a Council of State. Notwithstanding the provisions of the two preceding subparagraphs and those of the items L 2310 2 and L 921 3 3, decrees can transfer, in attributions of the representative of the State in the department, the font of circulation on certain sections of the primary distributers.

Item L 2310 2

The mayor can, by justified closure, have regard to the needs for circulation

  1° To prohibit at certain hours the access certain channels of the agglomeration or certain portions of channel or to reserve this access, for certain hours, various categories of users or vehicles;

  2° To regulate the stop and the stationing of the vehicles or certain categories of them, as well as the place served of the bordering buildings

  3° To reserve on the public highway or in any other parking place open to the public of the parking lots arranged with the vehicles raising one or the other of macaroons Large Civil Invalid (.) or Large Invalid of War (.). The stationing of a vehicle not raising a macaroon or on these reserved sites is regarded as awkward and constitutes an infringement within the meaning of item R. 37-1 of the motor vehicle laws.

Item L 921 3 3

The mayor can, by justified closure

  1° To institute, on a purely permanent or provisional basis, for the vehicles assigned to a public service and for the exclusive needs of this service, of the stationings reserved on the public highways of the agglomeration;

  2° To reserve sites on these same channels to facilitate the circulation and the stationing of public transport travellers and taxis.

Item L 2414 4

The mayor can, by justified closure, to prohibit the access of certain channels or certain portions of channels or certain sectors of the commune to the vehicles of which circulation on these channels or in these sectors is likely to compromise either public peace, or the protection of the animal species or vegetable, or the protection of natural spaces, the landscapes or the sites or their development with fine esthetics, ecological, agricultural, forest or tourist.

In these sectors, the mayor can, in addition, by justified closure, to forward to specific regulations relating to the conditions of schedules and access to certain places and to the acceptable acoustic levels the activities being exerted on the public highway, except for those which concern a public service mission.

These provisions are not implemented to the vehicles used to ensure a public service mission and cannot be implemented in a permanent way to the vehicles used at professional ends of search, exploitation or conversation of natural spaces.

Item L 2232 5

The mayor can, by justified closure, to prohibit the access of certain channels or certain portions of channels to the freight vehicles of dangerous matters aimed by Directive 82/501 of the Council of June 24th, 1982 concerning the major accident risks of certain industrial activities and likely to compromise public safety.

Item L 0513 6

The mayor can, with the help of the royalty payment fixed by a duly established tariff, to give licenses of stationing or temporary deposition on the public highway, on the rivers, ports and quays river and other public places, provided this authorization does not involve any embarrassment for circulation, the navigation and the freedom of the trade.

SECTION 2

Organizes funeral and places of burial

Item L 7613 7

The mayor or, failing this, the representative of the State in the department provides urgently so that any person deceased is buried or buried decently without reference to annealed nor of belief.

Item L 8313 8

The mayor assures the font of the funeral and the cemeteries.

Item L 2713 9

Are forwarded to the policing powers of the mayor the means of transport of the died people, the maintenance of law and order and decency in the cemeteries, the burials and the exhumations, without it being allowed to establish specific distinctions or regulations at a rate of the beliefs or of the worship of late or the circumstances which accompanied its death.

Item L 3215 10

The places of burial other than the cemeteries are also forwarded to the authority, the font and the monitoring of the mayors.

Item L 3215 11

It is proceeded to the ceremonies in accordance with the habits according to the various worships, it is free to the families to regulate of them the expenditure according to their means and faculties.

Item L 3215 12

The legal tendencies relating to the funeral honors are implemented, whatever the character of the funeral, civilian or monk.

Item L 3215 13

It cannot be established, even by channel of closure, specific regulations applicable to the funeral, according to whether they forward a civil or religious character.

Item L 3215 14

In order to ensure the carrying out of the measures of font prescribed by the laws and the regulations, the operations of exhumation, reinterment and translation of body are carried out, in the communes equipped with a regime of font of State, under the responsibility of the chief of district, in the presence of the police officer delegated by her care, and in the other communes, under the responsibility of the mayor, in the presence of the rural policeman or of an police officer municipal delegated by the mayor.

Item L 3215 15

The operations of monitoring mentioned with the item L 3215 14 give right the vacations fixed by the mayor after opinion of the municipal council and whose decree as a Council of State determines the minimum and the mode of perception. When these operations are carried out by police officers national, vacations are forwarded to the provisions of article 25 of the law 95-73 of January 21st, 1995 of guideline and coding relative to the security.

No vacation is exigible

  1° At the time of the operations which constitute acts of criminal instruction;

  2° At the time of the operations which are made with the expenses of the department of defense for the transport of the bodies of soldiers and sailors died under the flags;

  3° If a certificate the insufficiency of resources were issued by the mayor.

SECTION 3

Organizes in the campaigns

Item L 3215 16

The font of the campaigns is especially placed under the monitoring of the rural policemen and the national police.

Item L 3215 17

Any commune can have one or more rural policemen. Several communes can have one or more rural policemen in common. An area, a department, a grouping of communes or a public body in charge of the management of a regional natural park can recruit one or more qualified rural policemen in each commune concerned. In these cases, their appointment is jointly marked by the mayor of each commune and, respectively, by the chairman of the district council, the chairman of the general advice or the chairman of the grouping or the chairman of the public body, under conditions fixed by decree as a Council of State.

Item L 3215 18

The rural policemen are charged to seek, each one in the territory for which it is sworn in, infringments with the closures of municipal police.

They draw up reports to note these infringments.

Item L 3215 19

The rural policemen are with the number of the agents mentioned with the 3° of article 15 of the criminal procedure code.

They exert their functions under the conditions provided for in articles 15,22 to 25 and 27 of the same code.

Item L 2310 20

The mayor can, on the assent of the municipal council and after having consulted the chairmen of the wine groupings existing in the commune, to fix the date from which the harvest of the table grapes and grape harvest is authorized on the territory of the commune.

Different dates can be provided for according to and the situation of the vineyards.

Item L 2310 21

The mayor can prescribe that the grinding stones of grains, straw and fodder, etc, must be placed at a given distance from the dwellings and public highway.

SECTION 4

Other fonts

Item L 2310 22

The mayor assures the font of the communal seaports, under the conditions provided for with book III of the code of the seaports. He can establish specific regulations compatible with the general regulation of font fixed by decree.

Item L 2310 23

The mayor exerts the font of the bathes and the nautical activities practiced starting from the shore with units of beach and machines not registered. This font is exerted at sea until a limit fixed at eters as from the limit of water.

The mayor regulates the use of the installations carried out for the practice of these activities. He provides urgently for all the measurements with assistance and help.

The mayor delimits one or more areas supervised in the parties of the littoral forwarding a guarantee sufficient for the security of the bathes and the activities mentioned above. He determines periods of monitoring. Out of the areas and periods thus defined, the nautical bathes and activities are applied to the risks and dangers of the interested parties.

The mayor is held to inform the public by an adapted publicity, in town hall and on the spot where they are practiced, of the conditions under which the nautical bathes and activities are regulated, as well as results of controls of the water quality of these bathes accompanied by the precise details necessary to their interpretation.

Item L 2310 24

The mayor prescribes the repair or the demolition of the walls, ships or buildings threatening under the conditions provided for with the items L. 511-1 with L. 511-4 of the code of construction and the dwelling.

Item L 2310 25

Fault for the owner or his having right to maintain an undeveloped site located inside a center of population or with a maximum distance eters of the dwellings, dependences, workings, workshops or factories belonging to him, I mayor can, for reasons for environment, to notify to him by closure the obligation to carry out, with its expenses, the repair work of this ground after injunction. If, at the day indicated by the closure of injunction, the repair work of the ground prescribed were not carried out, the mayor can make carry out office their execution at the expenses of the owner or his having right.

If the owner or, in the event of joint possession, one or more of the did not can be identified, the notification with regard to them is validly made with the town hall.

A decree in lays down the modes of enforcement of this item.

Item L 2310 26

The mayor prescribes that the brushing of the furnaces, furnaces and chimneys of houses, factories, etc, must be carried out at least once each year. It orders, if it is necessary, repair or, in the event of need, the demolition of the furnaces, furnaces and chimneys whose state of decay would make fear a fire or other accidents.

The rules prescribed by the items L. 511-1 with L. 511-4 of the code of construction and the dwelling are applicable in the event of repair or of demolition.

Item L 2310 27

The mayor can prescribe with the owners, usufructuaries, farmers or with all other owners or operators to surround by a fence sufficient the shafts and the excavations forwarding a danger for public safety.

Item L 2310 28

In all the communes where the operation is necessary, the numbering of the houses is carried out for the first time at the charge of the commune. The conversation of numbering is with the charge of the owner who must conform to the ministerial directives.

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The mayor supervises, from the point of view of healthiness, the state of the brooks, rivers, ponds, ponds or cluster of water.

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The mayor must order the necessary measures to ensure and, if it is necessary, after opinion of the municipal council, the removal of the communal ponds placed in the interior of the villages or the vicinity of the dwellings, all the times that these ponds the public health.

In the absence of the mayor, the representative of the State in the department can, on the opinion of the consulting of hygiene and after survey of control unit and , to decide the immediate removal of these ponds, or to prescribe with the expenses of the commune work found useful.

Item L 2310 21

The mayor prescribes with the owners of ponds or ditches with stagnant water established in the vicinity of the dwellings to have either to abolish them, or to carry out work, or to take the necessary measures to put an end to all causes of insalubrity. In the event of refusal or of negligence, the mayor denounces with the representative of the State in the department the state of noted insalubrity.

The representative of the State in the department, after opinion of the consulting of hygiene and the hydraulic service, can order the removal of the dangerous pond or prescribe that work found necessary will be carried out of office to the expenses of the owner, after preliminary injunction.

CHAPTER IV

Applicable provisions in the communes where the font is nationalized

Article 1 2811 1

The regime of the font of State can be established in a commune according to its needs as regards security. These needs are appreciated in comparison of the permanent and seasonal population, the situation of the commune in an urban unit and characteristics of the delinquency.

It is instituted by joint closure of the qualified ministers when the request emanates from the town council or in the event of agreement of the aforementioned, by decree as a Council of State in the contrary case.

The suppression of the regime of the font of State in a commune is operated in the same forms and according to the same criteria.

A decree in lays down the modes of enforcement of this item.

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The communes resulting from the merger from two or several communes are forwarded to the regime of the font of State when the aforementioned was, before to the act pronouncing the merger, instituted on the territory of at least one of the amalgamated communes.

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In the communes where the regime of the font of State is instituted, the police force nationalized is charged, in particular, with carrying out the closures of font of the mayor.