(1) These bylaws apply to all municipal and district roads (including paths and squares) dedicated to public traffic as well as to local thoroughfares in the course of federal and state roads in the territory of the City of Bonn.

(2) The roads within the meaning of Para. 1 include the components of the road body, the airspace above the road body, the accessories and the ancillary facilities specified in § 2 Para. 2 of the NRW Road and Paths Act and in § 1 Para. 4 of the Federal Trunk Roads Act.

(3) These statutes do not apply to events of any kind (e.g. cultural programs, markets, public festivals) for which the city itself is the organizer, as well as other events for which a fee is to be charged in accordance with the tariff regulations for exhibitions, weekly markets, special markets, annual markets, flea markets, public festivals and similar events in the city of Bonn.

(4) Posters and advertising on public streets regulated by contract are not covered by these bylaws.

Subject to §§ 3 and 4 of these statutes and § 14 a of the Straßen- und Wegegesetz NRW (NRW Road and Paths Act), the use of the roads beyond public use as special use requires permission from the City of Bonn. Use is only permitted once permission has been granted. Permission is also required for any use of the road for the purpose of recording a comprehensive photographic or digital representation of the municipal area or a contiguous part of this area or individual streets or for further graphic or digital use.

(1) No permit is required for

1. building components and advertising installations approved by the building authorities, provided that the economic benefit is skimmed off;
2. the decoration of street and house fronts for celebrations, festivals, processions and similar events for the cultivation of customs as well as for church processions for a maximum of one week before and during the event;
3. Car call pillars, emergency call pillars, bus shelters for public transportation, ticket machines;
4. permanent facilities for municipal waste disposal;
5. the distribution of leaflets and the display of information boards for religious or political purposes.

(2) Special uses exempt from permission in accordance with para. 1 b) to e) may be restricted or prohibited if this is required by road construction or traffic safety or order.

(1) The granting of rights to use the property of the roads shall be governed by private law if it does not impair public use, whereby a temporary impairment for the purposes of public supply or disposal shall not be taken into account.

(2) The conclusion of a contract under private law is required for the use of a non-dedicated road.

(1) The special use permit shall only be issued upon application. As a rule, this must be submitted to the city in writing at least one week before the intended use of the special use with details of the location, type, scope and duration of the special use. It must be explained by drawings and text descriptions in such a way that the type and duration of the use and the traffic space thereby occupied can be adequately assessed. Collective applications (e.g. for the installation of containers) are possible.

(2) If the special use is associated with an obstruction or danger to traffic or damage to the road or the risk of such damage, the application must contain information on how the requirements of safety or order of traffic and the protection of the road will be taken into account.

(1) Permission shall be granted for a limited period or revoked. It may be refused, revoked or granted subject to conditions and requirements if this is necessary for the safety or order of traffic, for the protection of the street or to safeguard urban design or urban development interests. Collective applications shall be approved with an overall permit.

(2) The permit holder is obliged to erect and maintain the facilities associated with the special use in accordance with the existing statutory regulations and recognized rules of technology.

(3) The permit holder has no claim for compensation against the City of Bonn if the permit is revoked or if the road is closed, altered or withdrawn.

(4) The personal permit for special use is not transferable; it must be exercised personally by the permit holder. Any substitution of more than 4 weeks due to illness or vacation must be notified and is limited to a maximum of one year. Exceptions may be granted upon application.

(5) The special use permit relating to a property is transferred to the legal successor. The latter must notify the transfer, stating the date.

The permit holder is responsible for traffic safety. He is liable for all damage caused to the City of Bonn or third parties by the facilities or by the improper restoration of the public traffic area or as a result of the exercise of the special use. The permit holder shall indemnify the City of Bonn against any claims for compensation by third parties.

(1) Fees are charged for special uses requiring a permit in accordance with these bylaws and the fee schedule, which is an integral part of these bylaws. The exact delimitation of tariff zones I to III in the tariff of charges is shown on the plan attached as an annex, which forms part of these by-laws. The final invoice amounts are rounded up and down to 50 ct amounts. The division of the zones for station-based car sharing in public traffic areas can be found on the attached plan "Overview map of car sharing zones", which is an integral part of these regulations.

(2) For special usage fees exceeding EUR 1,000, payment concessions may be granted upon application by the permit holder. The payment facilities shall result in interest claims, the percentage of which shall be based on the provisions of the German Fiscal Code as amended."

(3) Pursuant to Section 18 (3) of the NRW Roads and Paths Act and Section 8 (2a) of the Federal Trunk Roads Act, the city has the right to demand reimbursement of costs as well as advances and securities, in particular for all construction measures where there is a risk of impairment of the public traffic area. This right shall not affect the obligation to pay fees or exemption from fees for special uses in accordance with the tariff.

(4) The right to charge administrative fees for the granting of the special use permit remains unaffected.

(5) The fee shall be charged for the traffic area actually used and for the approved duration of the permit or until it is revoked. The calculation of the fee per square meter or part thereof shall be based on the floor area resulting from the outer boundary of the special use facility. Special uses that are wholly or partially located in the airspace are projected onto the traffic area and calculated accordingly.

(6) In the case of weekly, monthly and annual time units, each commenced period of a week, month or year shall count as a full unit.

(7) If it is foreseeable that the special use will continue for an indefinite period of time, for example in the case of fixed components, a redemption amount may be agreed instead of the current annual payment depending on the individual case. The redemption amount is calculated from the annual fee and the expected period of use.

(8) Fees are also charged in accordance with these statutes for special uses that require a permit but are not permitted.

(1) Fees in accordance with the fee schedule to these statutes are not charged for special uses

1. by public authorities in the performance of their public duties, unless they can be attributed to a third party as the initiator. The exemption from charges does not apply to commercial enterprises or in-house operations of legal entities under public law;
2. which serve exclusively non-profit or charitable purposes within the meaning of tax law or church purposes;
3. by the council and district councils, including their committees;
4. by organizers of cultural events, insofar as these events are carried out free of charge;
5. by information stands, provided that the special user does not pursue any commercial purposes;
6. by telephone booths that serve to provide basic services.

(2) The Mayor of Bonn may, at his or her discretion, waive a fee in whole or in part if special uses requiring a permit are exclusively or predominantly in the public interest. The waiver of special use fees is otherwise governed by the provisions of the Municipal Tax Act for the State of North Rhine-Westphalia.

(3) An exemption from fees in accordance with para. 1 does not exclude the need for a permit in accordance with § 6.

(1) The parties liable for the fees are

1. the applicant,
2. the permit holder,
3. the person exercising the special use or in whose interest the special use is exercised.

(2) Several fee debtors are jointly and severally liable.

(1) The obligation to pay fees arises

1. with the granting of the special use permit,
2. in the case of unauthorized special use, at the start of use.

(2) The fees are due upon notification of the fee notice to the fee debtor or at the latest on the due date specified in the notice. In the case of recurring annual fees, the following fees must be paid by March 31 of the respective financial year.

(3) If special use is requested for a specific period, the fees to be paid shall be calculated for the entire period requested. When applying for special use in similar cases, e.g. for containers, a collective invoice may be issued.

(4) The minimum fee is only charged once for each application period.

(5) The fee for tariff numbers 14 to 23 must continue to be paid for special uses until the area used is available for public use again, but at least for the duration of the permit. To prove that the use has ended, the party liable for the fee must apply in writing to the City of Bonn for acceptance. The fee debtor shall bear the costs of monitoring by the City of Bonn until acceptance without defects.

(6) Insofar as the fees are due in different amounts depending on the duration of the assessment period, the start of the first special use shall always be decisive for the calculation, even in the case of extensions.

(1) If an approved special use is abandoned prematurely, not used or areas are reduced within the approval period, a refund of the fees paid can be applied for in writing within this period. The obligation to pay the fees then ends at the end of the assessment period in which the City of Bonn is informed in writing of the abandonment.

(2) Paid fees can be refunded proportionately upon application if the city revokes a special use permit for more than three consecutive days for reasons for which the fee debtor is not responsible; in this case, at least the tariff-based minimum fee will be set. This does not apply to lump-sum calculations and redemption amounts in accordance with § 8 Para. 6 of these statutes.

(3) Excess fees paid shall only be refunded if the amount to be refunded exceeds 5 euros.

If the special use is not exercised in accordance with the conditions and requirements and if public safety or order is endangered by this or by the condition of components, the City of Bonn may remove the improper condition or have it removed at the expense of the permit holder. The same applies if the special use permit has expired and the permit holder has not cleared the traffic area. The costs incurred as a result shall be borne by the permit holder.

For special uses that have been granted for a limited period or revoked under the previous law, an adjustment to the fees in these statutes will only be made for the permit periods that have not yet begun.

These bylaws shall enter into force on the day of their publication.

At the same time, the Statutes on Permits and Fees for Special Uses of Public Roads of the City of Bonn dated December 14, 2001 shall expire.
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The above statutes are hereby made public.

It is pointed out that a violation of procedural and formal regulations of the Municipal Code for the State of North Rhine-Westphalia (GO NRW) in the creation of these bylaws can no longer be asserted after the expiry of one year since this announcement, unless

1. a prescribed approval is missing or a prescribed notification procedure has not been carried out,
2. these Articles of Association have not been duly published,
3. the Mayor of Bonn has previously objected to the resolution on the statutes or
4. the formal or procedural defect has been notified to the city in advance and the violated legal provision and the fact that reveals the defect have been specified.

Bonn, September 29, 2015

Nimptsch
Mayor of Bonn