Act No. 128 / 2000 Coll.

Law on municipalities (municipal establishment)

Valid Law Effective from 12.11.2000
128
THE LAW
of 12 April 2000
on municipalities (municipal establishment)
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL ESTABLISHING

HLAVA I

GENERAL PROVISIONS

Díl 1

Status of municipalities
§ 1
The municipality is a fundamental local community of citizens; form a territorial unit which is defined by the border of the municipality.
§ 2
(1) The municipality is a public corporation, has its own assets. The municipality is acting in its own name in legal relations and is responsible for those relationships.
(2) The municipality takes care of the universal development of its territory and the needs of its citizens; it shall also protect the public interest in the performance of its tasks.
§ 3
(1) A village of at least 3 000 inhabitants is a city where, on a proposal from the municipality, the President of the Chamber of Deputies so provides after the Government has expressed its views.
(2) The municipality is a city where, on a proposal from the municipality, the President of the Chamber of Deputies so provides after the Government has expressed.
(3) The municipality which was a city before 17 May 1954 is a city if the President of the Chamber of Deputies so requests. The President of the Chamber of Deputies shall, at the request of the municipality, determine the date on which the municipality becomes a city.
(4) The municipality which was authorised to use the city designation before 17 May 1954 is a city where the President of the Chamber of Deputies so requests. The President of the Chamber of Deputies shall, at the request of the municipality, determine the date from which the municipality becomes a city.
(5) The Office of the Chamber of Deputies will immediately send the information that the municipality has become a city or a town to the Czech office of surveying and cadastral.
(6) If two or more municipalities are merged, at least one of them is a city, the newly created municipality is a city. If two or more municipalities, none of which is a city, but at least one is a city, the newly created municipality is a city. If a part of the city is separated and two or more municipalities are formed, the municipality that remains the name of the city or part of its name remains a city. If a part of the town is separated and two or more municipalities are formed, then the municipality that remains the name of the present town or part of its name remains a city.
§ 4
(1) The Statutory Cities are Kladno, České Budějovice, Plzeň, Karlovy Vary, Ústí nad Labem, Liberec, Jablonec nad Nisou, Hradec Kralove, Pardubice, Jihlava, Brno, Zlín, Olomouc, Přerov, Chomutov, Decin, Frýdek- Místek, Ostrava, Opava, Havířov, Most, Teplice, Karviná, Mladá Byslav, Prostějov and Třínek.
(2) The territory of statutory cities may be divided into urban districts or urban areas with their own authorities.
§ 5
(1) The municipality is managed separately by the municipality's representative; the other authorities of the municipality are the council of the municipality, the mayor, the municipal authority and the special authorities of the municipality. The city is managed separately by the town council; Other city authorities are city council, mayor, city authority and special city authorities. The town is managed separately by the town council; Other municipal bodies are the City Council, the Mayor, the City Office and the special municipal bodies.
(2) The Statutory City is managed separately by the City Council; Other bodies of the statutory city are the City Council, the Mayor, the Municipality and the special authorities of the city. The urban district of a territorial subdivided statutory city is managed by the municipal district council; the other authorities of the city district are the council of the city district, the mayor, the city district office and the special authorities of the city district. The urban part of a territorial subdivided statutory city is managed by the town council; Other municipal authorities are the City Council, the Mayor, the City Office and the City Special Authorities.
(3) The body of the municipality, city, city, city, city district or part of town is also the commission if it has been entrusted with the exercise of the delegation (Section 122 (2)).
§ 7
(1) The municipality manages its affairs separately (hereinafter referred to as "separate competence"). State authorities and regional authorities can intervene in their own competence only if the protection of the law so requires and only in the manner provided for by the law. The scope of the separate scope may be limited only by law.
(2) The state administration, the exercise of which by law has been entrusted to the authority of the municipality, exercises its powers as delegated authority (§ 61 et seq.).
§ 8
If the specific law provides for the jurisdiction of municipalities and does not provide for the transfer of the jurisdiction of municipalities, it is always a separate jurisdiction.
§ 9a
The municipalities shall ensure that financial control is carried out in accordance with a specific legislation. (2a)
§ 10
The municipality may impose obligations under a general binding decree within the separate scope
(a) to safeguard local public order matters; In particular, it may lay down which activities which are likely to distort public policy in the municipality or which are contrary to good manners, the protection of safety, health and property may be carried out only at the places and at a time by a generally binding decree, or provide that in certain public spaces in the municipality such activities are prohibited,
(b) for the organisation, conduct and termination of publicly accessible sports and cultural enterprises, including dance entertainments and discos, by establishing binding conditions to the extent necessary to ensure public order;
(c) to ensure that the streets and other public spaces are kept clean, to protect the environment, to protect the green area and to protect other public greenhouses (3) (hereinafter referred to as "public greenery") and to use the facilities of the community serving the needs of the public;
(d) where a special law so provides.
§ 11
(1) The municipality may, under the law and within its limits, issue a decree of the municipality if it is empowered by law to do so.
(2) A municipality carrying out an extended activity (3a) (Paragraph 66) may, under the conditions laid down in paragraph 1, issue municipal regulations for the administrative district provided for by a specific legislation.
§ 12
The Law on the Collection of Legislation of Local Government and certain Administrative Offices (57) provides for the procedure for the publication of generally binding orders and orders of the municipality (hereinafter referred to as "municipal law ') and the conditions for the entry into force and effectiveness of the municipal legislation.
§ 13
(1) The State and regional authorities are required, where possible, to discuss in advance with the municipality proposals for measures affecting the jurisdiction of the municipality.
(2) The State and regional authorities provide the municipality, on request, with free data and information for the exercise of its competence. The municipalities also have this obligation towards the state and regional authorities. The protection of data and classified information under special legislation4) remains unaffected.
(3) In the exercise of their powers, municipalities are entitled to use the cadastral data free of charge.
§ 14
(1) The municipality is obliged to issue certificates and to draw up reports for the purposes of legal and natural persons, where provided for by legislation.
(2) The municipality issues the certificates required to exercise the right abroad even if the legislation does not impose such an obligation but the required data are known to it.

Díl 2

Citizens of the municipality
§ 16
(1) The citizen of the municipality is a natural person who:
(a) is a national of the Czech Republic, and
(b) is declared permanent in the municipality. 6)
(2) A citizen of a municipality aged 18 has the right to:
a) vote and be elected to the council of the municipality under the conditions laid down by special law, 7)
(b) vote in a local referendum under the conditions laid down by a special law, 8)
(c) express its views on the cases at the meeting of the council of the municipality in accordance with the rules of procedure;
(d) to comment on the municipality's draft budget and on the municipality's final account for the previous calendar year, either in writing within the prescribed time limit or orally at the council meeting;
(e) to examine the municipality's budget and final accounts for the previous calendar year, to the resolutions and minutes of the council of the municipality, to the council of the municipality, to the committees of the municipality and to the commissions of the council of the municipality, and to obtain extracts thereof;
(f) require a matter to be discussed in the field of separate competence by the council of the municipality or the council of the municipality; If the application is signed by at least 0,5% of the citizens of the municipality, it must be discussed at their meeting no later than 60 days, if the authority of the council of the municipality is concerned, no later than 90 days,
(g) submit proposals, comments and initiatives to the authorities of the municipality; the authorities of the municipality shall deal with them without delay, but no later than 60 days, if the authority of the municipality is concerned, no later than 90 days.
(3) The authorisations referred to in points (c) to (g) of paragraph 2 are also granted to a natural person who has reached the age of 18 years and owns a real estate in the territory of the municipality.
§ 17
The rights referred to in Article 16 are also granted to a natural person who has reached the age of 18, who is a foreign national and who is declared a permanent resident in the municipality, provided that this is provided for by an international treaty which the Czech Republic is bound by and has been declared.

Díl 3

The territory of the municipality and its changes
§ 18
(1) Each part of the territory of the Czech Republic is part of the territory of a municipality, unless a separate law provides otherwise. 9)
(2) The municipality has one or more cadastral territories.
§ 19
(1) Two or more municipalities neighbouring each other may merge under the Agreement. The territory of the municipality after the merger consists of the territory of the merged municipalities.
(2) After the merger, the municipality shall bear the name on which the merged municipalities shall agree. If the municipality does not agree on the name, the Ministry of the Interior will decide on it. The Ministry of the Interior gives its consent to another name of the merged municipality.
(3) The municipality may, by agreement, join another municipality with which it is neighbouring.
(4) An agreement on the merger of municipalities or the connection of municipalities may be concluded on the basis of a decision by the representatives of the municipalities concerned, unless, within 30 days of the publication of this Decision, an application for a local referendum on the matter is filed. 8) If such a proposal is made, it is necessary to conclude an agreement on the merger of municipalities or the connection of municipalities to the agreement of the local referendum held in the municipality in which the application for the municipality is made. The municipalities concerned shall notify the regional authority of the decisions of their councils on the basis of which an agreement is to be concluded to merge the municipalities or to join the municipality. Where a local referendum is held on the merger of municipalities or the connection of municipalities, the municipalities concerned shall also notify the decision taken in the local referendum.
(5) The agreement to merge municipalities or connect municipalities must include:
(a) the day, month and year to which the municipalities are merged or joined,
(b) the name of the municipality and the registered office of its authorities, if the municipalities are to be merged;
(c) identification of the laws of the municipalities which have been issued by the merged municipalities or the connected municipalities and remain in force throughout the municipality after the merger or connection;
(d) a list of the cadastral territories of the municipality after the merger or connection;
(e) the identification of the assets, including funds, other rights and obligations, legal persons and organisational elements of the merged municipalities or the associated municipalities.
(6) The legal successor to the merged or connected municipalities shall be the municipality resulting from their merger or the municipality which does not disappear when connected to the municipality. The municipality becomes the recipient of the tax revenue under a special law, which would otherwise fall to a degraded municipality under special legislation. The municipality shall also be transferred to that municipality, including the funds of the degraded municipalities, the other rights and obligations of those municipalities, including their rights as founder and legal entity, as well as the organisational components of those municipalities, on the date on which the municipalities are merged or joined. The newly created municipality or municipality, which did not disappear when connected, will send a copy of the agreement to the Ministry of the Interior, the Ministry of Finance, the Czech Office of Regional and Catastrophe, the competent cadastral office and the competent financial office.
§ 20
(1) The urban district or the urban part of the city may be set up or cancelled on the basis of a decision of the town council, provided that, within 30 days of publication of this Decision, no application for a local referendum on the matter is made. Where such a proposal is made, an urban district or a urban part may be set up or cancelled only on the basis of a decision of the local referendum held in the territory in which the establishment or cancellation of the urban district or part is proposed.
(2) The city district or the city district are the organizational unit of the city.
(3) Under the conditions laid down in paragraph 1, the urban district or urban part may be connected to another urban district or part.
(4) The decision on the establishment, connection or cancellation of an urban district or part of an urban area must include the elements referred to in Article 19 (5); the place of the name of the municipality shall, however, be indicated the name of the town district or part of town or part of town to which another district or part is attached.
(5) A copy of the decision will be sent by the Statutory City to the Ministry of the Interior, the Czech Office to the Regional and Catastrophe Office, the competent cadastral office and the Financial Office.
§ 20a
The new municipality can be created by separating part of the municipality, possibly by changing or cancelling the military retreat. 9)
§ 21
(1) A part of a municipality wishing to be separated must have a separate cadastral territory adjacent to at least two municipalities or one municipality and a foreign State and forming a continuous territorial unit; the department must have at least 1 000 citizens. The same conditions must be met by the municipality after the separation of part of it. With the separation of part of the municipality, citizens living in the territory of that part of the municipality who wants to separate must agree in the local referendum.
(2) In the part of the municipality that wants to be separated, citizens of the municipality will set up a preparatory committee. The preparatory committee shall consist of a qualified citizen (10) and its representatives. Only one preparatory committee may be set up. The number of members of the Preparatory Committee shall be odd and shall consist of at least three members. Only a citizen of a municipality who is resident in that part of the municipality who wants to separate may be a member of the Preparatory Committee.
(3) Preparatory Committee
(a) propose a local referendum on the separation of part of the municipality and participate in its preparation and implementation;
(b) participate in the preparation of the proposal for the separation of part of the municipality;
(c) acts as a newly created municipality when concluding an agreement on the distribution of assets;
(d) be a party to proceedings for the separation of part of the municipality; However, it may not submit a proposal to separate part of the municipality from the regional office. 11)
§ 22
(1) The separation of part of the municipality is decided by the Regional Authority on a proposal from the municipality, which will be submitted by the municipality on the basis of the positive outcome of the local referendum held in that part of the municipality which wants to be separated. If the municipality does not submit a proposal within 30 days from the date of publication of the results of the local referendum or if, in the application for separation of part of the municipality, it makes changes contrary to the decision taken in the local referendum, 8) any citizen of the municipality may do so.
(2) The proposal to separate part of the municipality must contain:
(a) the day, month and year to which a part of the municipality is separated;
(b) the definition of the territory of the newly established municipality following the separation of part of the municipality by a list of its cadastral territories, including the relevant map material;
(c) the number of citizens of the municipality on the date on which the application for separation of part of the municipality is made, as well as the number of citizens of the municipality in each part to be separated;
(d) the distribution of the tax revenue in proportion to the population of the original and newly created municipality until the percentage of the tax revenue of the newly created municipality is determined.
(3) The proposal for the separation of part of the municipality consists of a written agreement between the municipality and the Preparatory Committee on the division of the municipality's assets between the original municipality and the newly created municipality, if this agreement was reached.
(4) Unless otherwise agreed between the municipality and the Preparatory Committee on the division of the municipality's assets, the municipality's assets shall be distributed between the original municipality and the newly created municipality in such a way that:
(a) the property right, including its accessories, as well as the rights in rem in foreign matters and the property obligations, shall be transferred to the municipality in whose territory the property is situated; for the transfer of ownership to real estate, the relevant status at the date of holding the local referendum on the separation of part of the municipality;
(b) in proportion to the population of the original municipality and the newly created municipality, the newly created municipality of movable property, with the exception of property accessories, funds, liabilities, shares in legal persons established by the municipality and other rights.
(5) By its decision, the Regional Authority shall approve the municipality's proposal to separate part of it if all the conditions laid down by the law are fulfilled.
(6) The decision on the separation of part of the municipality shall contain the particulars provided for in paragraph 2. The decision shall also include the approval of the agreement referred to in paragraph 3 if this agreement has been reached. A copy of the final decision will be sent by the Regional Office to the Ministry of the Interior, the Ministry of Finance, the Czech Office to the Regional and Catastral Office, the competent cadastral office and the Financial Office.
(7) The property referred to in paragraph 4 shall be transferred to the newly created municipality on the date of its establishment. If the agreement referred to in paragraph 3 has not been reached, the newly created municipality may bring an action before the court to determine which property referred to in paragraph 4 (b) has transferred to it.
(8) The separation procedure for a part of the municipality completed by a final decision cannot be renewed and the final decision on the separation of a part of the municipality cannot be examined in administrative proceedings.
(9) After announcing the results of the local referendum, the municipality will ask the Ministry of the Interior for approval of the name of the emerging municipality.
§ 23
(1) Within 3 months of the establishment of the meeting of the representative of the newly created municipality, the original municipality shall transfer to the newly created municipality the property which belongs to it pursuant to the decision of the Regional Office or, if the decision of the Regional Office does not contain the approval of the agreement pursuant to § 22 (3), the property referred to in § 22 (4) (a). The original and newly created municipalities shall have written minutes of the transfer of the property. This property, including the funds, debts and liabilities, shall be managed by the original municipality until it is transferred, but may not be treated by any other means than to bear the costs associated with the necessary maintenance of the property and the operation of the organisational components of the newly created municipality and the rent for the use of the property by that municipality.
(2) In the newly created village, the legislation of the municipality which applied on its territory before it was established applies until it was abolished or replaced by new ones.
§ 24
The merger of municipalities, the connection of municipalities, urban areas or urban districts or the separation of part of the municipality may only take place at the beginning of the calendar year. The application for separation of part of the municipality must be submitted to the Regional Office no later than 30 June of the previous calendar year.
§ 25
(1) The agreement on the merger of municipalities, the agreement on the connection of the municipality to another municipality, as well as the decision of the Regional Authority on the separation of part of the municipality, are the basis for the registration of a change in the rights of the municipalities concerned to the property register and for the amendment of the data on the cadastral territories and the boundaries of the municipalities in the property register.
(2) The City Council's decision to establish or abolish a city district or a city district, as well as to connect a city district or a part to another city district or part of it, shall constitute the basis for a change in the rights of the urban districts or parts concerned to the property register.
§ 26
Changes to the boundaries of the municipalities where the municipalities are not merged, the municipality is connected or the part of the municipality is separated shall take place on the basis of an agreement between the participating municipalities after consultation with the relevant cadastral office. The conclusion of the agreement shall be notified by the municipality to the Czech Office of the Regional and Catastrophe and the relevant cadastral office.
§ 26a
(1) If the territory of a municipality or part thereof is part of the cadastral territory of another municipality, the Ministry of Interior shall invite the municipality concerned to conclude an agreement in accordance with Article 26 within a period of 1 year.
(2) If the agreement referred to in paragraph 1 is not concluded within the prescribed time limit, the Ministry of Interior shall decide, after consultation with the relevant cadastral office, on an ex officio basis.
(3) When deciding in accordance with paragraph 2, the Ministry of the Interior shall take into account, in particular, the historical borders and the current territorial links of the municipalities concerned, the ownership of land and buildings, the results of local referendums, if any, and the conduct of the previous meetings of the municipalities concerned.
(4) The relevant decision is the basis for changes to the data on the cadastral territories and the borders of municipalities in the basic register of territorial identification, addresses and real estate, or other public registers, as appropriate. The Ministry of the Interior will send a copy of the final decision to the Czech Office of the Regional and Catastrophe and the relevant cadastral office.
(5) The procedure for changing the boundaries of municipalities completed by a final decision cannot be renewed and the final decision to change the boundaries of municipalities cannot be reviewed in administrative proceedings.

Díl 4

Names of municipalities, their parts, streets and public spaces, numbering of buildings, sign and flag of municipalities
§ 27
(1) Each municipality has its name; the Ministry of the Interior gives its approval on a proposal from the municipality to change the name of the municipality.
(2) The names also have parts of the municipality. Part of the municipality is a registration unit created by buildings with descriptive and registration numbers (§ 31) allocated in one number line, which lies in one continuous territory. The names of the parts of the municipality are generally taken from the name of the degraded municipalities, settlements or the names of the historically established territories in which those parts of the municipality are located.
§ 28
(1) It is for the municipality to decide on the names of parts of the municipality, streets and other public spaces.
(2) The municipality announces to the Ministry of the Interior the names of the newly created parts of the municipality, the changes in their names and the demise of the parts of the municipality.
(3) The creation, change in the name or the demise of a part of the municipality and the designation, renunciation or demise of a street or other public spaces are recorded in the basic register of territorial identification, addresses and real estate (42).
§ 29
(1) The name of the municipality, its parts, streets and other public spaces is always given in the Czech language. The streets or other public spaces are not named by the same names or by the names of the living personalities of public life.
(2) In a municipality occupied by members of national minorities, the name of the municipality, its parts, streets and other public spaces and the names of the buildings of national authorities and local authorities shall also be indicated in the language of the national minority if, in the last two censuses of the people, at least 10% of the citizens of the municipality have always applied for that nationality, provided that the representatives of the national minority concerned have requested it through the Committee on National Minorities (§ 117 (3), and if, by their resolution, the proposal is recommended, or if a written request is made by a group representing the interests of the national minority concerned (48) and which, on the date of the application, at least 5 years in the municipality's territory.
§ 30
The street and other public areas shall be designated by the municipality on its load. The owner of the property is obliged to bear the free attachment of the street or other public spaces to his property; other inscriptions shall not be placed near the table. The marking shall not be damaged, removed or obscured.
§ 31
(1) Budova13) must bear a descriptive number, unless otherwise specified.
(2) The registration numbers shall be indicated:
(a) buildings for family recreation,
(b) temporary buildings,
(c) buildings which do not require permission under the construction law, except:
1. structures for breeding with one above ground floor with built-up area of up to 16 m2 and up to 5 m height,
2. winter gardens with one above-ground floor and greenhouses up to 40 m2 of built-up area and up to 5 m of height,
3. shelters of one above-ground floor serving public transport and other publicly accessible shelters up to 40 m2 of built-up area and up to 4 m of height.
(3) Separate descriptive and registration numbers do not refer to the accessories of the building 13a) which are part of the same unit.
(4) To facilitate orientation, buildings may be marked with an indicative number in addition to the descriptive number or registration number in each street and other public spaces.
(5) The municipal authority shall decide on the descriptive, indicative or registration number of the building. Each descriptive or registration number of the building shall be unique within a part of the municipality. The descriptive and accounting numbers that have been allocated may not be used repeatedly, even in the case of renumbering pursuant to Paragraph 32 (2). The indicative number shall be repeatedly assigned only if the new building is in a decayed location.
§ 31a
(1) The descriptive and registration numbers are assigned by the municipal authority
(a) in the case of a newly created building which is a building requiring a permit under the building law, on the basis of a written call from the competent building authority 13b),
(b) in other cases, at the written request of the owner of the building, an annex to which is a geometric plan and a document certifying that the building has been put into use; annexes shall not be required to attend, at the request of the owner of the building, to recalculate the building already registered in the property register or to go for the buildings referred to in § 31 (2) (c).
(2) In the case referred to in paragraph 1 (a), the municipal authority shall immediately communicate to the competent construction office the number of the descriptive or registered office and its affiliation to a part of the municipality, or, where appropriate, the name of the street to which the building is situated, and the indicative number.
(3) A written document shall be issued by the municipal office of the owner of the building on the assignment of the number of descriptive, registered or indicative.
(4) In the event of the termination of the building, the municipal office shall cancel the assigned numbers.
(5) In the event of the disappearance of a street or other public area, the indicative numbers allocated shall be deleted.
(6) When a part of the municipality is destroyed, the municipality shall decide on the renumbering of the buildings in the existing part of the municipality.
(7) The numbering, renumbering or cancellation of the numbering of the building takes place by entry into the basic register of territorial identification, addresses and real estate. 42)
§ 32
(1) The owner of the property is obliged to mark the building with the numbers specified by the municipal office and keep it in proper condition. The colour and execution of numbers are determined by the municipal office.
(2) Renumbering of buildings is carried out only exceptionally if there are serious reasons for doing so. New figures are covered by the municipality's budget. The renumbering of the buildings shall be notified by the municipality to the relevant cadastral office.
§ 33
Implementing legislation provides for:
(a) the means of marking the streets and other public spaces by the names,
(b) the way in which the numbers are used and placed to designate the buildings;
(c) particulars of the declaration of renumbering of buildings.
§ 34
All squares, streets, marketplaces, pavements, public greenery, parks and other premises are open to everyone without restriction, i.e. serving general use, regardless of ownership of the space.
§ 34a
(1) The municipalities may have the emblem and flag of the municipality.
(2) At the request of the President of the Chamber of Deputies, a municipality which does not have the emblem or flag of the municipality may grant the emblem or flag of the municipality. The President of the Chamber of Deputies may, at the request of the municipality, change the emblem or flag of the municipality. The Office of the Chamber of Deputies shall immediately send the data on the award or change of the character or flag of the municipality to the Czech Office of the Regional and Catastral.
(3) Municipality and bodies established or established by them and legal persons may use the emblem and flag of the municipality. Other entities may use the municipality character only with its consent. Its approval is not necessary to use the flag of the municipality.
(4) If the city district or part of the city has its emblem and flag, paragraph 3 shall apply to their use.

HLAVA II

THE CIVIL SCOPE OF THE CIVIL

Díl 1

§ 35
(1) The separate jurisdiction of the municipality shall include matters which are in the interest of the municipality and of the citizens of the municipality, unless they are entrusted by law to the regions, or where they are not delegated to the authorities of the municipality, or the jurisdiction which is entrusted by special law to the administrative authorities as the exercise of the administration, as well as matters which are entrusted by the law to the municipality.
(2) In particular, matters referred to in Sections 84, 85 and 102 fall within the separate competence of the municipality, with the exception of the issuing of orders by the municipality. In addition, the municipality, in its own territory, takes care, in accordance with local assumptions and local practice, of creating conditions for the development of social care and for meeting the needs of its citizens. This is mainly about meeting the need for housing, health protection and development, transport and communications, information, education and education needs, overall cultural development and protection of public order.
(3) In the exercise of its separate competence, the municipality shall:
(a) when issuing generally binding decrees by law;
(b) on other matters, also other legislation adopted by law.

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