The town of Kitzingen hereby issues, pursuant to Article 7(2)(3) of the Local Tax Act (LStVG) in conjunction with Sections 23 and 24(1), first sentence, of the Fire Prevention Ordinance (WB), as set out in the consolidated version published in the Bavarian Collection of Laws (BayRS 215-2-1-1), as last amended by the Regulation of 10 December 2012 (GVBl. p. 735) and in accordance with Article 38(3) of the State Penal and Regulatory Act (LStVG), in the consolidated version published in the Bavarian Collection of Laws (BayRS 2011-2-1), as last amended by Section 2 of the Act of 9 December 2024 (GVBl. p. 570), the following general order
1. The lighting and maintenance of open fires is prohibited outside built-up areas (§ 34 BauGB).
The ban applies in particular to wood- or charcoal-fired barbecues, campfires and other open fires on private land and at municipal and other public barbecue areas.
2. When barbecuing on private land within built-up areas (§ 34 BauGB), care must be taken to ensure that the charcoal is properly extinguished when using an open fire or a wood and/or charcoal barbecue.
Without prejudice to any other statutory provisions, the following safety measures, in particular, must be observed:
(a) Care must be taken to ensure that no vegetation in the vicinity of the barbecue can catch fire.
b) The barbecue must be placed on a solid (non-flammable) surface.
(c) Sparks must be avoided.
(d) Open fires must not be used outdoors in strong winds; the fire must be extinguished immediately
(e) Open fires must be kept under constant supervision. Fires and embers must be completely extinguished before leaving the fire pit.
f) Suitable fire-extinguishing equipment (e.g. a connected water hose, filled buckets of water or fire extinguishers) must be provided in sufficient quantities in the vicinity of the barbecue or fire pit.
3. The immediate enforcement of paragraphs 1 and 2 is hereby ordered.
4. In the event of a breach of the provisions set out in paragraphs 1 or 2, enforcement measures shall be taken in accordance with the Bavarian Administrative Service and Enforcement Act (VwZVG).
5. Breaches of the provisions set out in paragraphs 1 and 2 shall also be treated as administrative offences under the Administrative Offences Act and may be punishable by fines of up to EUR 2,500.00.
6. This general order shall come into force on the date of its publication. It shall cease to have effect at the end of 31 July 2026.
Reasons
Due to the ongoing heatwave, the forecast of continued dry conditions and the resulting very low soil moisture levels across the entire city, there is a persistent high to very high risk of fire. The rainfall over the past few weeks has not been sufficient to raise soil moisture to a level that adequately saturates the litter and humus layers of the soil.
The grassland fire index, which measures the fire risk in open, unshaded terrain covered with dead wild grass or green undergrowth, is currently at level 4
(high risk of fire). Given the continuing hot and dry weather, there is a high risk of fire in the Kitzingen region, particularly in forests, hedgerows, dry grasslands, etc.
The forest fire risk index, which describes the meteorological potential for a forest to be at risk of fire, is currently at level 4 (i.e. high fire risk).
As far as can be predicted at this stage, no heavy rainfall is expected in the Kitzingen region until the end of July 2026.
The fire safety authority responsible for the Kitzingen area also recommends that a ban be imposed on open fires outside built-up areas, including at otherwise authorised barbecue areas and fire pits.
The government of Lower Franconia has ordered surveillance flights to enable the early detection of forest fires.
Pursuant to Section 24(1) of the Water Act (WB), the town of Kitzingen has substantive jurisdiction to issue this general order. Territorial jurisdiction is derived from Article 3(1)(1) of the Bavarian Administrative Procedure Act (BayVwVfG).
Certainly. Under Section 24(1), first sentence, of the Fire Safety Regulations (WB) adopted pursuant to Article 38(3) of the State Fire Safety Act (LStVG), local authorities may, in individual cases, issue further orders necessary to prevent risks to life, health, property or possessions arising from fire.
The extremely high temperatures of around 40 degrees Celsius and the drought, which has now persisted for weeks, have led to a high risk of fire. No significant rainfall is expected for the foreseeable future. Due to the extreme drought, particularly in recent months, and against the backdrop of global warming, another dry and hot summer is to be expected. Last but not least, dry grass is present everywhere, both outside and within the built-up areas of the town of Kitzingen, including in private gardens, which, should a fire break out, would help it to spread.
These hazards must be counteracted. Whilst a fire that is properly contained – in particular a gas barbecue – poses only hazards that can be controlled by complying with the WB regulations (see notes), an uncontained fire on the ground, in particular, presents an incalculable risk. Even when using wood or charcoal barbecues, it cannot be ruled out that charcoal may fall or that sparks may fly. The fire may spread uncontrollably to adjacent areas and become impossible to control. Last but not least, flying sparks from larger fires pose an unmanageable danger to the surrounding area. The town of Kitzingen is exercising its discretion in this matter by deeming the risks of potentially widespread fires and the resulting potential harm to life, life and property significantly higher than the disadvantages to individuals arising from the ban on lighting open fires or charcoal barbecues until the end of July 2026.
The measures set out in paragraph 1 are necessary outside built-up areas in order to prevent the extremely high risk of grass and forest fires in those areas from materialising as a result of flying sparks. They are also appropriate for fulfilling the purpose of the WB. They are proportionate, as they do not place an undue burden on persons who intend, for whatever reason, to use a fire pit. In particular, barbecuing with gas and electric barbecues remains permitted.
Even within built-up areas, flying sparks pose a problem, particularly when barbecuing with wood- or charcoal-fired barbecues. The utmost care is required here to prevent further fire service call-outs, including to private properties within the built-up area. Accordingly, the provisions set out in paragraph 2 are appropriate, necessary and proportionate.
The order for immediate enforcement has its legal basis in Section 80(2), first sentence, point 4 of the Code of Administrative Procedure (VwGO). It is in the public interest. If immediate enforcement were not ordered, there would be a risk that, in the period between the issuance of the general order and its becoming final, the health and lives of persons or property would once again be endangered. This cannot be accepted by the general public; the interest of individual persons who wish to light an unattended fire in the suspensive effect of an action against this decision (Section 80(1) VwGO) must therefore take a back seat.
The imposition of coercive measures under the Administrative Service and Enforcement Act (VwZVG) is based on Article 29 of the VwZVG and, following the warning issued under point 4, is immediately enforceable (Article 21a VwZVG).