“Our sidewalks are littered with dog droppings and weeds. The town hall does nothing. Is it up to the agglomeration of municipalities to take care of this? »asks Jeanne, in Finistère. It's a good question, and more generally: grass, moss, droppings, dead leaves… Who is in charge of cleaning the sidewalks? Jane, West France answers you.
Weeds and moss
The law requires municipalities to maintain municipal roads. “ Maintenance expenses for municipal roads are part of the obligatory expenses borne by municipalities.we read in article L141-8 of the Highway Code. And sidewalks are one of them.
Membership confirmed by the Ministry of the Interior, in a response published in the Official Journal of the Senate, May 19, 2016. “The authority in matters of roads is exercised over the entire right-of-way of the road, consisting not only of the roadway but also of its outbuildings. The latter include the accessory elements necessary or essential for the support or protection of the said road, among which sidewalks are included. »
In this situation, it would therefore seem logical that the municipality takes responsibility for maintaining the sidewalks in front of homes. And yet, this is not always the case. The town hall has the power to force residents to do so. Do not hesitate to contact your town hall to find out the decision taken locally on this subject.
dog droppings
All dog owners are required to pick up dog waste in public spaces (sidewalks, green spaces, public games, etc.). And this, as a hygienic measure. Especially since each municipality is free to set the fine it wishes by municipal decree.
The contravention can then increase and exceed the amount of the second class fine set at €35 by article 531-2 of the Penal Code. You still have to be caught in the act by the municipal police. Examples: in Brive-la-Gaillarde (Corrèze), the fine rises to €200 and up to €450 in Cannes (Alpes-Maritimes). In Bergerac (Dordogne), the fine even goes up to €750. It is therefore better to be vigilant and respect the public domain.
Dead leaves
In public spaces, the collection of dead leaves is the responsibility of the town hall which, through its police power, “is intended to ensure good order, safety, security and public health”explains the law.
However, the Municipal Code adds that it is possible for the mayor to put in place a municipal decree, asking residents, tenants or owners of an individual house (in general, it is the person who occupies the premises, regardless whether she is a tenant or not) to ensure the maintenance of the portion of sidewalk, therefore of the public road, located in front of their door. If it is a building, this obligation is imposed on the co-ownership association. Please note, it is not obligatory for the town hall to maintain a rural road, unless it has already carried out work to improve it.
If a pedestrian slips and is injured due to the presence of dead leaves on the public road, he may decide to take action against the person in charge of maintaining the place, either the town hall or the local resident in charge of the road. case of municipal decree.
