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Show This prescriptive law is ancient in origin. The police have always been directed by the administrators of public- legal bodies. In today's Confederation, to administer local police is a function of the political community and community council. The construction police are a branch of the local police. It has been 1ayed down in the individual constitutions of the cantons, that it is the responsibility of the community agencies to deal with public safety and order. Their specific duties are regulated by community law, if one exists. To illustrate, the following is repeated here: Canton Zurich, the Law of June 6, 1926, concerning community affairs, paragraph 74: " In addition to duties specified by other laws, the community authorities must especially regulate local police power. They must enforce laws against public disturbances and uphold order. They are responsible for the safety of the citizens and their property against every kind of danger and damage, and must take all necessary precautions to see that duties of the local police are properly executed in all administrative areas." Canton Berne, the Law of December 9, 1917, concerning community affairs, Art. 2, states: " The community must regulate the local police ( security force, right of domicile, street and building police, field police, fire police, industrial police, resident regulations, health authorities, fire department, rural and forest guard, care for the injured persons and for strangers that are helpless and sick, etc.)." A decree from January 27, 1920, concerning the local police, paragraph 1: " The local police are an executive branch of the public administration within the limits of the community and responsible for upholding order and guaranteeing safety against disturbances and dangers brought about by living beings or events." -- " Also, when specific regulations do not exist for certain cases or when instructions given by the appropriate authorities are not available in time, the local police authorities must decide on appropriate measures themselves," ( paragraph 5)• Canton St. Gall, Organization Law from December 29, 1947, Art. 52- 54: " It is the responsibility of the community council to guarantee safety for citizens and property against any kind of damage or danger, and to uphold order and prevent public disturbance. The community council, acting as the local building police authorities, should prevent or eliminate any hazard associated with buildings, since such hazards might be dangerous to public safety and order." As we see it, not only has the local police the right, but also the duty to interfere in careless and negligent building, especially if it is dangerous to the residents and if it is not in the public interest. Voigt cites two examples: the Glarner administrative adviser ordered the evacuation of endangered homes, when it became evident that part of the " Kilch-enstock" would slide. The police prohibit skating on the only partially frozen Zurich Lake, since the skater not only jeopardizes his own life, but also the lives of possible rescuers and therefore disturbs the public order. 16 |