Mojacar council has put forwards a new suggested bylaw that extends and amplifies its previous and controversial bylaw on noise and public nuisance.
A plenary meeting is scheduled for this Thursday 26 November at 10am to approve it or not. The meeting is open to the public so anyone who wishes to attend would be very welcome.
Some interesting things I spotted from a first reading:
- Anyone using a public space for a meeting, demonstration, march, whatever must leave a bail in cash with the council, as well as having the obligatory public liability insurance (Art 8.1). This is an unusual move – the council basically says that if it deems it necessary (with no criteria on what makes it necessary) you can’t have your march without consigning cash (the amount also is not specified) at the council. The article specifically states that the bail will be at the discretion of the council. The organiser is also obliged to clean up afterwards.
- People must be “properly dressed” (art 10) when in public.
- All nudism is banned (unless authorised) (art 11.1)
- It’s forbidden to appear in swimwear off the beach. (art 11.2)
- You can’t wear anything racist, sexist, against any religion, or anything that could cause offence to a third party (with the exception of Carnival, ah hem!). (Art 11.3)
- Strangely enough, the final article in this list says that it is “specially prohibited” to carry out any banned conduct from this list that offends a senior, a youth or a handicapped person (art 11.5). IE, if you wear swimwear in public and annoy an senior (persona mayor), the fine is more severe. You can be fined between 100 and 300 euros for infringing the articles; or between 300 and 1000 euros if breaking them in front of a lot of people, or in front of kids, or in a protected monument.
- Ballgames, skating “and the like” is banned in public areas outside of authorised zones (art 13.2) Equipment may be seized by the police.
- You can’t wash clothes in any public water source (beach showers, public fountains, etc) with the sole exception of the “Mojacar fuente” (art 14.d)
- A/C units can’t pour water into street or into storm drains (art 14.e) so get it plumbed up!
- No fires, bonfires or barbecues anywhere outside of authorised spaces (art 14.g) (note this is public areas, not on private land)
- No games, sports or activities that involve rapid movement whereever it may endanger or annoy a third person. (art 15.4). Equipment may be seized by the police.
- Commercial businesses may not exhibit any wares outside of their premises without a license (art 15.8). Nor may they install any sort of temporary publicity without a license (ie, no billboards).
- No selling without a license, and it’s illegal to buy from anyone selling without a license (so no more looky looky men, and you can be fined for buying from them). Fines up to 500 euros, and the police can seize the goods.
- No offering personal services (tarot cards, massages, tatoos, hair dressing, etc) in public without a license, same as above.
- No betting or games of chance (art 24). Fines of up to 300 euros per person offering the bet.
- No beggars (art 25). And the council has promised to wipe them out.
- No prostitutes (art 29) and no kerb crawling. And no dogging.
- No horse riding (along with a lot of other things) in gardens, sea front, river banks or green zones. The horse could be impounded (art 36)
- If a kid breaks any of these rules, it’s the parents who cop the fine. (art 52)
- If you are fined, you get a 30% discount for prompt payment (nice to know)
So there you are. The full proposal is 27 pages of Spanish legalese. It’s got a longer preamble than most Real Decretos…. Email me if you want a copy, and thanks to Jessica Simpson from Somos Mojacar for sending it to me.
Jessica mentions that
With regard to the new by-law we have observed that this by-law will be very restrictive relating to the use of public spaces by citizens and local businesses and appears to ban certain activities and sports which we would regard as normal behaviour and does not cause disturbance to residents.
Restrictions included in the by-law will also restrict certain touristic activities and therefore we believe the restrictions are detrimental to the town´s tourism industry.
Our policy is not to implement laws which will detract from tourism but to create alternative forms of attractions to open up Mojacar´s tourism to a more diverse sector of the industry which will benefit both visitors and residents alike, whilst respecting and enhancing our naturally rich environment.