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24 JUNE 2013 - Municipal Administrative Sanctions Act (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART I^{er. -} Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART II. - Administrative sanctions
CHAPTER 1^er. - Sanctions
Section 1^re. - Penalties
Art. 2. § 1^er. The municipal council may establish administrative penalties or penalties for offences against its regulations or orders, unless administrative penalties or sanctions are established by or under a law, decree or order for the same offences.
§ 2. In a multi-communal area within which the communal councils of the municipalities concerned decided, after a consultation with which the King may determine the terms, to adopt a general identical police regulation, the communal councils of the police zone adopt an identical general police regulation for the area, after advice from the council of the police area concerned.
§ 3. In the hypothesis provided in § 2, the communal councils of the police zone may also decide to adopt a general police regulation identical to an area, several areas or all other areas of their judicial district which also make use of the faculty provided for in § 2.
§ 4. The communal councils of the nineteen municipalities of the Brussels-Capital Region may adopt a general common police regulation, after a dialogue between the municipalities concerned whose King may set the terms and after advice from the various councils of the police zones concerned. The communal councils of the six zones of the Brussels-Capital Region may also make use of the faculty provided for in § 3.
Art. 3. By derogation from Article 2, § 1^er, the municipal council may, in addition, provide for in its regulations or orders an administrative penalty as defined in Article 4, § 1^er1°:
1° for offences referred to in articles 398, 448, and 521, paragraph 3, of the Criminal Code;
2° for offences referred to in articles 461, 463, 526, 534bis, 534ter, 537, 545, 559, 1°, 561, 1°, 563, 2° and 3° and 563bis of the Criminal Code;
3° for the following offences determined by the King by order deliberately in the Council of Ministers on the basis of the general regulations referred to in Article 1^erParagraph 1^er, the Act of 16 March 1968 on the Road Traffic Police and with the exception of the offences that take place on the highways, in particular:
- arrest and parking offences;
- infringements of the provisions concerning signal C3, which are found exclusively by means of devices operating automatically, referred to in section 62 of the Act.
Section 2. - Sanctions and alternative measures
Sub-section 1^re. - General provisions
Art. 4. § 1^er. The municipal council may provide in its regulations or orders the possibility to impose one or more of the following sanctions for the facts referred to in Articles 2 and 3:
1° an administrative fine of up to 175 euros or 350 euros depending on whether the offender is minor or major;
2° the administrative suspension of an authorization or permission issued by the commune;
3° the administrative withdrawal of an authorization or permission issued by the commune;
4° the administrative closure of an establishment on a temporary or final basis.
§ 2. The municipal council may provide in its regulations or orders the following alternative measures to the administrative fine referred to in § 1^er1°:
1° the citizen benefit defined as a general benefit made by the offender for the benefit of the community;
2° the local mediation defined as a measure allowing the offender, through the intervention of a mediator, to repair or compensate the damage caused or to appease the conflict.
§ 3. Penalties established by the municipal council may not exceed police penalties.
§ 4.By derogation from § 1^eronly an administrative fine referred to in § 1^er, 1°, may be imposed for offences referred to in Article 3, 3°.
These offences are divided by the King, by order deliberately in the Council of Ministers, in four categories specifying the amount of administrative fines related to them, depending on the severity of the threat they pose to road safety and mobility.
§ 5. If the municipal council provides, in its regulations or orders, the possibility to impose on minors the administrative penalty provided for in § 1^er, 1°, for the facts referred to in Articles 2 and 3, it shall, in advance, collect the opinion of the body or bodies having jurisdiction over youth on the regulations or order in question, provided that such body or bodies exist in the commune.
Art. 5. At the same time, the municipal council cannot provide for a criminal sanction and administrative sanction for the same offences under its regulations and orders.
Art. 6. § 1^er. The administrative fine referred to in Article 4, § 1^er, 1°, is inflicted by the sanctioning official.
§ 2. The sanctioning official meets the conditions of qualification and independence determined by the King, by order deliberately in the Council of Ministers.
§ 3. The sanctioning officer shall be appointed by the municipal council, and may not be at the same time the person who, pursuant to articles 20 and 21, shall determine the offences, or the person conducting the mediation proceedings. It may also be designated by several municipalities.
Art. 7. The administrative penalty is proportionate to the seriousness of the facts that motivate it and to the eventual recidivism. There is recidivism when the offender has already been punished for the same offence within 24 months prior to the new finding of the offence.
A single administrative sanction, proportional to the seriousness of all the facts, will result in the finding of several offences in the same regulations or orders.
Art. 8. The local mediation is conducted by a mediator who meets the minimum conditions defined by the King, below referred to as the mediator, or by a mediation service specialized and authorized by the commune, according to the conditions and modalities determined by the King.
Sub-section 2. - Citizen benefit for majors
Art. 9. In the event that the municipal by-law provides for it and as long as the sanctioning official considers it appropriate, he or she may propose to the major offender, by agreement or at the request of the latter, a citizen benefit in place of the administrative fine.
Art. 10. The citizen benefit, determined by the regulations or orders of the municipality, shall not exceed thirty hours and shall be executed within six months from the date of notification of the decision of the sanctioning officer.
It consists of:
1° training and/or;
2° an unpaid benefit governed by the municipality or a competent legal entity designated by the municipality and executed for the benefit of a communal service or a legal person of public law, a foundation or a non-profit association designated by the municipality.
The citizen benefit is governed by a service authorized by the municipality or a legal entity designated by the municipality.
Art. 11. § 1^er. When the sanctioning officer finds that the citizen benefit has been executed, he or she may no longer impose an administrative fine.
§ 2. In the event of non-performance or refusal of the citizen benefit, the sanctioning official may impose an administrative fine.
Subsection 3. - Local mediation for majors
Art. 12. § 1^er. A sanctioning officer may propose a mediation to a major offender when the following conditions are met:
1° the municipal council shall have provided for it in its regulation and the procedure and the procedure and the procedure thereof;
2° the offender's agreement;
3° a victim has been identified.
§ 2. Compensation or compensation for damage is negotiated and decided freely by the parties.
Art. 13. § 1^er. When the sanctioning officer finds the success of the mediation, he or she can no longer impose an administrative fine.
§ 2. In the event of refusal of the offer or failure of the mediation, the sanctioning official may either propose a citizen benefit or impose an administrative fine.
CHAPTER 2. - Special provisions applicable to minors aged 14 and over
Section 1^re- Administrative fine
Art. 14. § 1^er. A minor who has attained the age of fourteen years at the time of the incident may be subject to administrative fine, even if that person has become a major at the time of the judgment of the facts.
§ 2. The father and mother, guardian, or persons who have custody of the minor, are civilly responsible for the payment of the administrative fine.
Section 2. - Duty of information
Art. 15. When the municipal council provides in its regulation that minors may be subject to the administrative fine referred to in Article 4, § 1^er, 1°, it has the duty to inform, by one and all means of communication, all minors and fathers, mother, guardian or persons who have custody of it, living in the commune, of offences committed by minors punishable by administrative sanctions.
Section 3. - The presence of a lawyer
Art. 16. Where a minor is suspected of an offence punishable by the administrative fine referred to in Article 4, § 1^er, 1°, and that the administrative procedure is initiated, the competent authority to impose the penalty shall notify the Bar Association of the Bar Association, so that it is ensured that the person concerned can be assisted by a lawyer.
The staff member or legal aid office shall appoint a lawyer no later than two working days from that notice.
A copy of the notice informing the sticker is attached to the record of the procedure.
Where there is a risk of conflict of interest, the sticker or the legal aid office shall ensure that the person concerned is assisted by a lawyer other than the lawyer to whom his father and mother, guardian, or persons who have custody of the person or who are invested with a right of action.
Counsel may also be present during the mediation process.
Section 4. - Various procedures for minors
Sub-section 1^re- The procedure for parental involvement
Art. 17. § 1^er. A procedure for parental involvement may be provided prior to the offer of mediation, citizen benefit or, where applicable, the imposition of an administrative fine.
§ 2. In the course of this procedure, the sanctioning officer shall, by registered letter, bring to the attention of the father and mother, guardian, or persons who have custody of the minor, the facts found and request their oral or written comments regarding these facts and any educational measures to be taken, upon receipt of the report or the finding referred to in article 21. For this purpose, he may ask for a meeting with the father and mother, guardian, or persons who have custody of the minor and the minor.
§ 3. After collecting the observations referred to in § 2, and/or meeting with the minor offender as well as his father and mother, guardian, or persons who are in custody, and if satisfied with the educational measures presented by them, the sanctioning official may either close the file at this stage of the proceedings or initiate the administrative procedure.
Sub-section 2. - Local mediation
Art. 18. § 1^er. Where the municipal council provides in its regulation that minors may be subject to administrative fines as provided for in Article 4, § 1^er, 1°, there is also a local mediation procedure and its modalities.
§ 2. The offer of local mediation by the sanctioning official is mandatory when it relates to minors who have reached the age of fourteen years at the time of the incident.
§ 3. The father and mother, guardian, or persons who have custody of the minor may, at their request, accompany the minor during the mediation.
§ 4. When the sanctioning officer finds the success of the mediation, he or she can no longer impose an administrative fine.
§ 5. In the event of refusal of the offer or failure of the mediation, the sanctioning official may either propose a citizen benefit or impose an administrative fine.
Sub-section 3
Citizen benefit performed by the minor
Art. 19. § 1^er. In the event of refusal of the offer or failure of the mediation, the sanctioning official may propose a citizen benefit, as described in section 10, paragraphs 2 and 3, with respect to the minor, organized in relation to his age and abilities. It may also decide to entrust the choice of the citizen benefit and its terms to a mediator or mediation service.
This citizen benefit cannot exceed fifteen hours and must be executed within six months from the date of notification of the sanctioning officer's decision.
§ 2. The father and mother, guardian, or persons who have custody of the minor may, at their request, accompany the minor in the execution of the citizen benefit.
§ 3. In the event of non-performance or refusal of the citizen benefit, the sanctioning official may impose an administrative fine.
CHAPTER 3. - Administrative procedure
Section 1^re. - Findings
Art. 20. Offences that may be subject to administrative sanctions are found by a police officer, a police officer or a particular field guard within the framework of his/her competence.
Art. 21. § 1^er. Offences that may only be subject to administrative sanctions may also be the subject of a finding by the following persons:
1° Communal officials who meet the minimum conditions established by the King, by order deliberately in the Council of Ministers, in the matter of selection, recruitment, training and competence, and designated for this purpose by the municipal council. In the case of a multi-communal police zone, these community-based agents may carry out findings on the territory of all municipalities that are part of this police area, and where appropriate, municipalities of one or more other areas provided that a prior agreement has been reached for that purpose between the municipalities concerned in the police area of origin of the officer and, where appropriate, the municipality within another police area;
2° Provincial or regional officials, members of the staff of the autonomous communal and communal cooperation which within the framework of their competence are designated for this purpose by the municipal council.
3° agents of public transport companies, belonging to one of the categories determined by the King, within the framework of their competences.
For staff referred to in paragraph 1^er, 2°, the communal council lists in the designation the articles of the communal police regulations for which these persons have the power to see offences.
The municipal council may only list items that are directly related to the skills of the staff referred to in paragraph 1^er, 2° out of the regulations that apply to them. The authority or entity concerned agrees on this additional jurisdiction.
Staff referred to in paragraph 1^er, 2° shall meet the minimum conditions of selection, recruitment and training determined by the King by decree deliberated in the Council of Ministers.
§ 2. Agents of custodial enterprises, designated for this purpose by the municipal council may declare offences that may only be punished by an administrative penalty, exclusively with the agent referred to in section 20, and only in the course of the activities referred to in section 1^er§ 1^erParagraph 1^er6° of the Act of 10 April 1990 regulating private and special security.
§ 3. In the event of findings of offences that may result in administrative sanctions, of which they are direct witnesses and in the strict framework of the powers granted to them, persons referred to in § 1^er, may request the presentation of an identity document to determine the exact identity of the offender. They then immediately return this identity document to the interested party.
§ 4. Offences referred to in Article 3, 3°, may only be found by persons referred to in § 1^er, 1° and Article 20.
Art. 22. § 1^er. For the offences referred to in Article 3, 1 and 2°, the original of the finding is sent to the King's Prosecutor no later than two months of the finding.
If it is a minor, the minutes must be sent to the prosecutor of the King of the residence of the parents, guardian or persons in custody.
The person referred to in section 20 expressly records in the minutes the date on which the person was transmitted or handed over to the Crown Prosecutor. A copy is transmitted at the same time to the appropriate sanctioning officer in the municipality where the facts occurred.
§ 2. Where the offence is punishable only by an administrative penalty, the original of the finding is sent no later than two months from the finding to the appropriate sanctioning official of the municipality where the facts occurred.
§ 3. The persons referred to in articles 20 and 21 always transmit to the Crown Prosecutor a copy of the findings on charges of minors for acts that are punishable only by administrative punishment.
§ 4. In case the finding is established by an agent referred to in Article 21, § 1^erParagraph 1^er, 3°, the latter sends it by no later than two months of the finding to the competent sanctioning official in the territory of the commune where the facts occurred.
§ 5. In the event that the finding is based on a flagrante delicto, the original of the finding is sent to the sanctioning official or the King's prosecutor within one month of the date of the finding of the facts.
§ 6. For offences referred to in section 3, 3°, the original of the finding is sent to the sanctioning officer. The King's Prosecutor shall be informed on the terms and conditions set out in the Memorandum of Understanding referred to in Article 23.
Where the vehicle is also, in a direct or indirect manner, involved in an accident or other offences other than those referred to in Article 3, 3°, are also found, a report may only be made by persons referred to in Article 20. This report is forwarded to the King's Attorney.
Section 2. - Procedure for mixed offences
Art. 23. § 1^er. With respect to the offences referred to in Article 3, the municipal council may ratify a memorandum of understanding between the competent king's prosecutor and the college of the bourgmestre and chevins or the communal college.
This memorandum of understanding, which the King sets out the terms and the model, by order deliberately in the Council of Ministers, is a convention established between the College of Bourgmestres and Echevins or the communal college and the competent King's prosecutor concerning mixed offences.
This Memorandum of Understanding respects all legal provisions concerning, inter alia, procedures for offenders and cannot derogate from the rights of offenders.
It may be identical to all municipalities in the police zone in the case referred to in Article 2, § 2.
However, for offences referred to in Article 3, 3°, the establishment of a memorandum of understanding is mandatory.
The memorandum of understanding is annexed to the regulations and orders referred to in Articles 3 and 4, and published by the College of Bourgmestre and Isevin or the communal college on the website of the commune if it has it and/or via a poster indicating the place where the text of the protocol can be consulted by the public.
§2. ÷ lack of a memorandum of understanding and for the offences referred to in Article 3, 1°, the sanctioning official may not impose an administrative fine or propose an alternative measure to it only in case the Crown prosecutor has, within two months, indicated that he finds it opportune and that he himself will not reserve the facts.
§ 3. In the absence of a memorandum of understanding and for the offences referred to in Article 3, 2°, the Crown Prosecutor shall have a period of two months, beginning on the day of receipt of the original record, to inform the sanctioning official that an information or instruction has been opened or that proceedings have been initiated or that he or she considers that the file should be filed without further charges. This communication extinguishes the grievor's ability to impose an administrative fine.
A sanctioning official may not impose the administrative fine or propose an alternative measure to the administrative fine before the expiry of that period. After this, the facts can only be punished administratively. The sanctioning officer may, however, impose an administrative fine or propose an alternative measure to the administrative fine prior to the expiry of this period if, before the expiry of the period, the King's prosecutor, without questioning the materiality of the offence, indicated that he will not reserve the facts accordingly.
Art. 24. If, apart from the competitions referred to in Article 23, § 3, a fact constitutes both a criminal offence and an administrative offence, the procedures for the offences referred to in Article 3, 2° are applicable.
Section 3. - Procedure before the sanctioning officer
Sub-section 1^re. - Procedure
Art. 25. § 1^er. As part of the exercise of its competence, the sanctioning officer has access to the relevant data for this purpose of the National Register and the Directorate for the Registration of Vehicles, with prior authorization, respectively from the Sectoral Committee of the National Register and the Sectoral Committee for the Federal Authority.
The "Vereniging van Vlaamse Steden en Gemeenten", the Union des Villes et Communes de Wallonie and the Association de la Ville et des Communes de la Région de Bruxelles-Capitale may apply for a general authorization to access data from the National Register and the Directorate for the Registration of Vehicles, for their members, respectively to the Sectoral Committee of the National Register and the Federal Committee for the Authority.
§ 2. When the sanctioning officer decides that the administrative procedure should be commenced, he shall communicate to the offender by registered letter:
1 the facts and their qualification;
2° that the offender has the opportunity to submit, by registered letter, his defences within fifteen days of the day of the notification, and that he has the right to request the sanctioning official to present his defence orally;
3° that the offender has the right to be assisted or represented by counsel;
4° that the offender has the right to consult his case;
5° a copy of the record referred to in section 20 or of the finding made by the persons referred to in section 21.
§ 3. The sanctioning officer determines the day on which the offender is invited to present his defence orally.
§ 4. If the sanctioning official considers that an administrative fine not exceeding 70 euros must be imposed, the major offender does not have the right to apply for an oral defence.
§ 5. Fathers, mothers and guardians or persons who have custody of a minor offender are also notified by registered letter of the initiation of the administrative procedure. These parties have the same rights as the minor.
Art. 26. § 1^er. The decision of the sanctioning officer shall be taken within six months and made available to the public concerned.
This six-month period takes place from the date of the finding of the facts by the persons referred to in articles 20 and 21.
§ 2. By derogation from § 1^er, the decision of the sanctioning official shall be taken within twelve months and made available to the interested parties, when a citizen benefit and/or mediation is taken.
This 12-month period takes place from the date of the finding of the facts by the persons referred to in articles 20 and 21.
§ 3. After the expiry of the deadlines referred to in §§ 1^er and 2, the sanctioning officer may no longer impose administrative fines.
Sub-section 2. - Notification of the decision
Art. 27. After the expiry of the period established by Article 25, § 2, 2°, or before the expiry of that period, where the offender means not to challenge the facts or, if any, after the oral or written defence of the case by the offender or his counsel, the sanctioning official may impose the administrative fine.
The sanctioning officer shall notify the offender by registered letter and, in the event of offences referred to in section 3, the King's Prosecutor.
The decision of the sanctioning officer is also notified by registered letter, to the minor and to his or her father and mother, guardians or persons in custody.
The notification also reproduces the information referred to in articles 9, § 1^er, 10 and 12 of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
Art. 28. The sanctioning officer shall transmit a copy of the record or the finding made by the persons referred to in section 21, and a copy of the decision to any party that has a legitimate interest and has forwarded a written and substantiated request.
Subsection 3. - Procedure in the event of arrest and parking offences referred to in Article 3, 3°
Art. 29. § 1^er. The sanctioning officer shall notify the offender, within fifteen days of receipt of the finding of the offence, by ordinary consignment, of the facts and the offence committed and the amount of the administrative fine.
The administrative fine shall be paid by the offender within thirty days of the notification of the offender, unless the offender makes known by regular mail, within that period, his defence to the sanctioning official. The offender may be heard within that period, upon request, when the amount of the administrative fine is more than 70 euros.
§ 2. If the sanctioning officer declares the unfounded defences, he shall inform the offender, in a reasoned manner, with reference to the payment of the administrative fine that must be paid within a new 30-day period from that notice.
§ 3. If the administrative fine is not paid within the first 30-day period, except in the case of defence, a reminder is sent with an invitation to pay within a new 30-day period from the date of notification of this recall.
Section 4. - Appeals
Art. 30. The decision to impose an administrative fine shall be enforceable on the expiry of the one-month period from the day of its notification, except in the event of an appeal in accordance with section 31.
Art. 31. § 1^er. The municipality or the offender, in the event of an administrative fine, may lodge a written complaint with the police court, according to the civil procedure, in the month of notification of the decision.
When the decision of the sanctioning officer relates to minors, the appeal is filed by free request to the youth court. In this case, the remedy may also be introduced by the father and mother, guardians or persons who have custody of the remedy. The youth court remains competent if the offender became a major at the time of his decision.
The police court or the youth court shall rule in the context of an adversarial and public debate on the appeal against the administrative penalty referred to in Article 4, § 1^er1°. They judge the legality and proportionality of the imposed fine.
They can either confirm or reform the decision of the sanctioning official.
The youth court may, when it is appealed against the administrative fine, substitute for it a measure of custody, preservation or education provided for in section 37 of the Youth Protection Act of 8 April 1965, for the care of minors who have committed an offence and for the reparation of the damage caused by this fact. In this case, section 60 of the Act is applicable.
The decision of the police court or youth court is not subject to appeal.
However, when the youth court decides to replace the administrative penalty with a measure of custody, preservation or education referred to in section 37 of the above-mentioned Act, its decision may be appealed. In this case, the procedures provided by the above-mentioned law are applicable.
Without prejudice to paragraphs 1^er to 7 and the above-mentioned Act of 8 April 1965, the provisions of the Judicial Code apply to appeal to the police court and youth court.
§ 2. When an appeal is brought against the decision of the sanctioning officer, the sanctioning official or his or her delegate may represent the municipality in the course of the proceedings before the police court or the youth court.
Art. 32. By derogation from the time limits referred to in sections 30 and 31, the decision of the sanctioning officer to impose an administrative fine in the event of offences referred to in section 3, 3°, may be enforced in a manner that is enforced, if the administrative fine is not paid within the time limit referred to in section 29, § 3, unless the offender has filed an appeal within that period.
CHAPTER 4. - Perception of fine
Art. 33. The King rules, by order deliberately in the Council of Ministers, how to perceive the administrative fine.
Administrative fines are collected for the benefit of the commune.
For offences referred to in Article 3, 3°, the administrative fine shall, in the event of the driver's absence, be charged to the holder of the vehicle registration plate.
Persons referred to in Article 21, § 1^er, 1°, are authorized to request the identity of the holder of the registration plate to the authority in charge of the registration of the vehicles, with prior authorization from the Sectoral Committee for the Federal Authority.
The "Vereniging van Vlaamse Steden en Gemeenten", the Union des Villes et Communes de Wallonie and the Association de la Ville et des Communes de la Région de Bruxelles-Capitale may request a general authorization to access the data of the Directorate for the Registration of Vehicles, for their members, to the Sectoral Committee for the Federal Authority.
CHAPTER 5
Immediate payment of the administrative fine
Art. 34. This chapter is applicable to the facts referred to in Articles 2 and 3, 3°, committed by a natural person who has no domicile or fixed residence in Belgium.
Art. 35. Only members of the operational framework of the federal and local police may make use of the immediate payment under this chapter.
Art. 36. § 1^er. The administrative fine can only be immediately perceived with the offender's agreement.
§ 2. The offender is informed of all of his rights by the persons referred to in section 35 at the time of the immediate payment request.
Art. 37. Offences that can only be subject to an administrative penalty can give rise to the immediate payment of a maximum of 25 euros per offence and a maximum of 100 euros when more than four offences have been found to the offender.
Art. 38. The offences referred to in Article 3, 3°, may give rise to the immediate payment of an amount determined by the King, by order deliberately in Council of Ministers.
Art. 39. Immediate payment is excluded:
1° if the offender is under 18 years of age or is declared in a protracted or incapable minority state;
2° if one of the offences found on the same occasion cannot be the subject of this procedure.
Art. 40. Payment of the administrative fine is made by credit or credit card or by bank transfer or cash.
The additional terms and conditions for the immediate payment of the administrative fine are determined by the King.
Art. 41. The record of an immediate payment of the administrative fine shall be transmitted to the sanctioning official and to the King's Prosecutor in the event of offences referred to in section 3, 3°, within fifteen days.
Art. 42. § 1^er. The immediate payment extinguishes the possibility of making an administrative fine to the offender for the purpose.
§ 2. The immediate payment, however, does not prevent the King's prosecutor from applying articles 216bis or 216ter of the Code of Criminal Investigation or from carrying out criminal proceedings. In the event of the application of sections 216bis or 216ter of the Code of Criminal Investigation, the amount immediately charged shall be charged to the amount determined by the Public Prosecutor's Office and the amount of any surplus shall be refunded.
In the event of a conviction of the person concerned, the amount immediately charged shall be charged against the costs of justice due to the State and the fine imposed, and the amount of any surplus shall be refunded.
In case of acquittal, the amount immediately collected is returned.
In the event of a conditional sentence, the amount immediately charged shall be returned after deduction of court fees.
In the event of a working sentence, the amount immediately charged shall be charged against the costs of justice due to the State and the possible surplus shall be refunded.
In the event of a simple conviction, the amount immediately charged shall be charged against the costs of justice due to the State and the possible surplus shall be refunded.
CHAPTER 6. - Prescription of administrative fines
Art. 43. Administrative fines are prescribed by five years from the date on which they are to be paid.
This period may be interrupted either as provided for in articles 2244 et seq. of the Civil Code or by a waiver of the prescription acquired. In the event of an interruption of the prescription, a new prescription that could be interrupted in the same manner is acquired five years after the last switching act of the previous prescription if there is no proceeding in court.
CHAPTER 7 Register of Municipal Administrative Sanctions
Art. 44. § 1^er. Each commune holds a single file of the natural or legal persons who have been subject to an administrative penalty or an alternative measure referred to in Article 4, § 2, on the basis of the general police regulation. The municipality is responsible for processing this file.
This file aims to ensure the management of administrative sanctions and alternative measures referred to in Article 4, § 2.
Several municipalities can decide to hold together a single register of municipal administrative sanctions, based on their general police regulations. In this case, they must determine, after consultation, the controller.
§ 2. This file contains the following personal data and information:
1st name, first name, date of birth, and residence of persons subject to communal administrative sanctions or alternative measures referred to in Article 4, § 2. If it is a minor, the names, names, date of birth, and the residence of the parents, guardians or persons who have custody;
2° the nature of the acts committed;
3° the nature of the sanction, and the day it was inflicted;
4° where applicable, the information transmitted by the competent King's Prosecutor in connection with the offences referred to in Article 3;
5° sanctions that are no longer subject to appeal.
Data referred to in paragraph 1^erare retained for five years, from the day on which the penalty was imposed or the alternative measure was proposed. After this period, they are either destroyed or anonymized.
§ 3. The sanctioning official has access to personal data and information referred to in § 2.
The King shall, by order deliberately in the Council of Ministers, after the advice of the Commission on the Protection of Privacy, establish other special conditions relating to the processing of personal data in the register of municipal administrative sanctions.
CHAPTER 8. - Suspension, withdrawal and closure
Art. 45. The suspension, withdrawal and closure referred to in Article 4, § 1^er, 2° to 4°, are imposed by the Collège des bourgmestre and échevins or the communal college.
They can only be imposed after the offender has received a prior warning. This warning includes an extract from the transgressed regulation or order.
The municipal council determines how these sanctions are notified to the offender.
PART III. - Amendments and abrogations
CHAPTER 1^er. - Amendments
Section 1^re. - Amendments to the New Municipal Law
Art. 46. Article 119bis of the New communal law, inserted by the law of 13 May 1999 and last amended by the law of 1^er June 2011, is replaced by the following:
"Art. 119bis. The municipal council may establish communal administrative penalties and sanctions in accordance with the Act of 24 June 2013 on municipal administrative sanctions. "
Art. 47. In the same law, an article 134sexies is inserted as follows:
"Art. 134sexies. § 1^er. In the event of a disturbance to public order caused by individual or collective behaviours, or in the event of repeated breaches of the by-laws and ordinances of the communal council committed in the same place or on the occasion of similar events, and involving a disturbance of public order or incivility, decide on a temporary prohibition of place of one month, renewable twice, in respect of the person or persons responsible for such behaviour.
§ 2. By "temporary prohibition of location" means the prohibition of entering a specific area or perimeters of designated places accessible to the public, located within a commune, without ever being able to cover the entire territory. Any place in the municipality that is not only accessible to the manager of the place, to the manager of the place, to the person working therein or to those who are invited to it on an individual basis, with the exception of the domicile, place of work or school or training of the offender.
§ 3. The decision referred to in § 1^er must meet the following conditions:
1st to be motivated on the basis of nuisances related to public order;
2° be confirmed by the College of Bourgmestres and Echevins or the Community College at its next meeting, after hearing the author or the authors of these behaviours or their counsel and after having had the opportunity on this occasion to assert his means of defence in writing or orally, unless after having been invited by registered letter, he did not present himself and did not present any valid reasons for absence or impediment.
§ 4. The decision may be taken, either after a written warning notified by the mayor informing the author or the authors of these behaviours because a new offence in a place or during identical events may result in a place ban or, for the purpose of maintaining order, without warning.
§ 5. In the event of non-compliance with the temporary prohibition of place, the perpetrator or the perpetrators of such behaviour shall be liable to an administrative fine as provided for in the Act of 24 June 2013 on municipal administrative sanctions. "
Art. 48. In Article 135, § 2, paragraph 2, 7°, of the same law, inserted by the law of May 13, 1999, the words "public disturbance" are replaced by the word "incivility".
Section 2. - Amendment of the Judicial Code
Art. 49. In article 601ter of the Judicial Code, inserted by the law of 13 May 1999, the 1st and 2nd are replaced by the following:
"1° of appeal against the decision to impose the penalty referred to in Article 4, § 1^er1°, of the Act of 24 June 2013 on municipal administrative sanctions, by the sanctioning official designated for this purpose by the municipality;
2° of the appeal against the decision not to impose the penalty referred to in Article 4, § 1^er, 1°, of the Act of 24 June 2013 on municipal administrative sanctions, by the sanctioning official designated for this purpose by the municipality. "
CHAPTER 2. - Abrogatory provision
Art. 50. Section 119ter of the New communal law, inserted by the law of 17 June 2004, is repealed.
PART IV. - Transitional and final provisions
Art. 51. The current procedures at the time of the coming into force of this Act remain governed by the legal and regulatory provisions that were in force at the time of the introduction of the procedure.
This Act applies only to offences committed after its entry into force.
Art. 52. The Minister of the Interior shall report every two years to Parliament on the application of this Act. This report contains at least an overview of the number of administrative fines referred to in Article 4, § 1^er, 1°, which have been inflicted, divided according to the categories of offences, as well as procedural difficulties to which the application of this Act has given rise.
Art. 53. This Act comes into force on the first day of the sixth month following that of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 June 2013.
ALBERT
By the King:
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Public Enterprises, Development Cooperation in charge of the Great Cities,
J.-P. LABILLE
The Secretary of State for Environment, Energy and Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives documents: 53-2712 -2012/2013:
Number 1: Bill.
N^bones 2-5: Amendments.
Number 6: Report.
No. 7: Text adopted by the commission.
No. 8: Text adopted by the commission.
No. 9: Amendments.
No. 10: Text adopted in plenary and transmitted to the Senate.
No. 11: Erratum.
Full report: 30 May 2013.
Senate documents: 5-2129 -2012/2013:
No. 1: Project not referred to by the Senate.
See also:
House of Representatives documents: 53-2848 -2012/2013:
No. 1: text adopted in plenary and transmitted to the Senate.
Full report: 30 May 2013.