Penalties of up to 30 thousand francs for unrest (cross-border guide)

Context

In brief

• Motion by UDC Mendrisio and Federal Democratic Union at City Hall
• Penalties of up to 30 thousand francs for those who cause disorder
• Reimbursement of police, fire brigade and rescue services costs

Key Facts

• What: Proposed reimbursement of expenses for unauthorized use of public property
• Where: Mendrisio (Ticino)
• Who: Lucio Lorenzon (first signatory) + 6 co-signatories of UDC and Federal Democratic Union
• When: Motion presented in these days
• Standard amount: 10,000 francs per person
• Maximum amount: CHF 30,000 in serious cases
• New rule: Article 15 bis of the municipal regulation

Lucio Lorenzon and six other co-signatories of the UDC Mendrisio and the Federal Democratic Union have presented a motion to the City Hall that introduces a simple principle: whoever breaks, pays. The proposal aims to transfer the costs of public disorder from the whole community to those who concretely cause them.

The motion is entitled "Stop passing on the costs to the community: those who cause disorder or demonstrate illegally assume the costs of police interventions" and calls for the introduction of "an obligation to reimburse disturbers in the event of unauthorized use of administrative assets or authorization holders who do not comply with the conditions set by the authority".

The signatories propose to add a new article 15 bis to the municipal regulation. Who will have to pay? Two categories of responsible: people who use public property without authorization or who knowingly violate the rules, and authorization holders who do not comply with the conditions imposed by the administration.

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Operational details

The proposal is based on a change of perspective: it is not the general taxpayers who cover the costs deriving from abusive demonstrations or damage during events, but those who are concretely responsible for them. This mechanism of direct liability introduces a differentiation between three concrete situations.

First scenario: An unauthorized motorcade occupies a street for hours. The police intervene, perhaps even the fire brigade for safety reasons. Estimated total costs: patrols for 5-6 hours, possible administrative report. Under the new rule, the organizer or participants would receive a notification of reimbursement of up to 10,000 francs. If the damage to public property is more serious (writing, fire, injuries), the figure would jump to 30,000.

Second scenario: An event is authorised, but the authorisation holder does not comply with the set conditions (exceeds the agreed time, changes route, welcomes more people than expected). The administration documents the additional costs and sends the reimbursement notice. Here, the responsibility is escalating: it is up to the holder, not to the individual participants.

How administrative calculation works

The municipal administration will document all expenses: number of patrols and hours of service of the local police, firefighter interventions, use of rescue vehicles and resources, loss of public services (office closure, interruption of functions). The documentation is the basis of the reimbursement notification. The amount remains in the range of 10,000-30,000 francs per person, regardless of the number of people involved.

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Key points

If the Municipality of Mendrisio approves the motion, the new article 15 bis will come into force according to the ordinary administrative procedure. From that moment, the reimbursement procedure becomes part of the operational management of public disorders.

Anyone who organizes an event must acquire municipal authorization in advance. If the conditions are respected (time, route, maximum number of participants), no refund. If it violates them or if the event is completely abusive, the procedure is triggered.

The administrative procedure and the right of appeal

The municipal administration calculates the costs incurred and sends a formal notice of reimbursement. The person concerned receives documentation of the services provided (police hours, specific interventions, loss of services). The amount proposed is not arbitrary but based on predefined administrative fees.

An important right arises here: the notice of reimbursement is an administrative measure, not a criminal sanction. The recipient can challenge it with the municipal conciliation authority within the time limits provided for by the ordinance. If the reimbursement is deemed unfair in terms of amount or attribution of liability, the ordinary administrative appeal is always available.

Before approval, the motion will be discussed in the Mendrisio City Council. If it passes, the regulation will come into force and begin to be applied to new episodes of unrest. A public notice will inform citizens and event organizers about the new rule. For those who frequent Mendrisio or reside in Ticino, it is useful to stay informed about the decisions of your municipality regarding rights and duties during events.

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