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The ordinance that will allow to act specifically against irregular valet will enter into force in January 2020 (28/11/2019)

The municipal plenary has approved this morning, with the votes in favor of the Popular Municipal Group, Citizens and Vox and against the Municipal Socialist and Podemos Group, the draft ordinance regulating certain activities or behaviors in the public space of the municipality.

In this way, a public exposure period of one month is now opened, so, according to forecasts, these regulations will come into force next January.

With this regulation, the City Council seeks to respond to the requests that the residents of Murcia transfer in a very majority way so that the agents of the Local Police have all the precise and necessary legal weapons so that the valet parking phenomenon is not keep spreading preventing discomfort and even material damage.

This ordinance aims to respond to neighbors who ask for rules that avoid behaviors that generate insecurity such as valet parking, certain sales of products or offering services such as windshield cleaning, preventing or limiting the free use of public spaces for parking. or free movement of people,

Thus, the Local Police will have an effective tool to deal with these situations, providing greater legal certainty to both citizens and agents.

In addition, it responds to the current problems of those people who carry out activities on public roads without authorization, avoiding in public spaces practices that threaten the dignity of people or prevent free movement, endangering the safety of traffic and their own personal integrity.

In the elaboration of this norm, the procedures of prior public consultation, hearing and public information have been followed to ensure transparency and participation of the citizens in general and of the groups especially affected in particular, being its text the result of an intense citizen participation

The ordinance has a double legal basis:

- Articles 139 to 141 of Law 7/1985, of April 2, Regulator of the Bases of the Local Regime, which establishes the possibility that municipalities, in the absence of specific sectoral regulations, can establish the types of infractions and impose penalties for breach of duties, prohibitions or limitations.

- The Law on Protection of Citizen Security that enables municipalities to allow municipal ordinances to enter specifications or graduations in the table of infractions and penalties established in the Law itself.

The new regulations, in addition to complying with the principle of legal certainty, comply with the principle of proportionality as it includes those charges or restrictions strictly necessary to comply with the reasons of general interest that motivate it.

The sanctioning regime is as follows:

Minor infractions:

1. Offer without authorization any good or service, such as sale of products, windshield cleaning or similar, on roads or public spaces to people who are inside private or public vehicles.

Serious infractions:

1. The recidivism by the commission, within one year, of more than one minor offense when it has been declared by a final decision in administrative proceedings.

2. Perform windshield cleaning of vehicles stopped at traffic lights.

3. Conduct behaviors that represent coercive or harassing attitudes or intentionally impede and impede the free movement of citizens through public spaces.

4. The commission of the conduct contemplated as mild in this Ordinance when minors or persons with disabilities are used to carry it out.

Very serious infractions:

1. The recidivism by the commission, within one year, of more than one serious infraction when this has been declared by a final decision in administrative proceedings.

The slight infraction will be a penalty of 750 euros, the serious one, 751 to 1,500 euros and the very serious one of 1,501 to 3,000 euros.

In addition, different specific interventions are regulated, such as that the City Council will adopt all the measures at its disposal to eradicate the conduct of the behaviors established in this Ordinance in any of its forms in the municipality, providing the necessary assistance for social inclusion.

For this reason, the agents of the authority, or in their case the social services, will inform, to all the people who exercise the conducts typified in this ordinance, of the municipal dependencies and of the centers of institutional or private attention (associations, Non-governmental organizations -ONG-, etc.) to which they can go to receive the necessary support to abandon these practices.

In any case, the agents of the authority will intervene and cautiously apprehend the instruments used for the commission of the infraction, as well as the money, fruits or products obtained that will be kept in the custody of the Security Forces and Bodies while it is being processed. the sanctioning procedure or until the return is resolved or the confiscation is decreed.

Source: Ayuntamiento de Murcia / Foto: archivo Murcia.com

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UNE-EN ISO 9001:2000 - ER-0131/2006 Región de Murcia
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