CHAPTER II : Powers of the Metropolitan Council and its President

Articles in this section · 5

Article L3642-2

French General Code of Local AuthoritiesIn force

Updated 7 Nov 2023

I. - 1. Without prejudice to Article L. 2212-2 of this Code and notwithstanding article L. 1311-2 and to the second paragraph of l'article L. 1331-1 du code de la santé publique, the President of the Metropolitan Council exercises the powers enabling him to regulate in matters of sanitation.

As an exception to Article L. 1331-10 of the same code, the President of the Lyon Metropolitan Council shall stop or withdraw authorisations for the discharge of non-domestic effluent.

Infringements of the sanitation regulations may be investigated and recorded by agents of the disinfection services and the health and hygiene services of the Lyon Metropolitan Council who have been authorised and sworn in under the conditions laid down by decree in the Conseil d'Etat.

The President of Metropolitan Lyon is competent to request payment, after formal notice, of sums owed by owners under articles L. 1331-2, L. 1331-3 and L. 1331-6 to L. 1331-9 of the public health code.

2. Without prejudice to Article L. 2212-2 and by way of derogation from Article L. 2224-16 of this code, the president of the metropolitan council exercises the powers enabling him/her to regulate the collection of household waste. Infringements of the household waste collection regulations may be investigated and recorded by agents of the Lyon metropolitan authority's disinfection services and health and hygiene services who have been authorised and sworn in under the conditions laid down by decree in the Conseil d'Etat.

3. Notwithstanding Article 9 of Law no. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers, the President of the Metropolitan Council exercises powers relating to the parking of Travellers' mobile residences.

4. The President of the Metropolitan Council exercises the powers mentioned in Article L. 211-11 of the Internal Security Code to ensure the security of cultural and sporting events organised in the establishments of the metropolitan area.

5. Without prejudice to Article L. 2212-2 of this Code, the President of the Metropolitan Council shall exercise the prerogatives relating to the traffic police defined in articles L. 2213-1, L. 2213-1-1, L. 2213-2 L. 2213-3, L. 2213-4, L. 2213-5 and L. 2213-6-1 on all roads within built-up areas, subject to the powers devolved to the representative of the State in the department on trunk roads. Outside built-up areas, the president of the council of the metropolis also exercises traffic policing on roads in the public road domain of the communes and the metropolis, subject to the powers devolved to the representative of the State in the metropolis on trunk roads.

The mayors of the communes located within the territory of the metropolitan area exercise the prerogatives relating to the parking police defined in articles L. 2213-2, L. 2213-3, L. 2213-3-1 and L. 2213-6 on all roads within built-up areas and on roads in the public road domain of communes and the metropolitan area outside built-up areas.

The mayors of the communes located within the territory of the metropolis will forward their draft parking regulations to the president of the metropolitan council for an opinion. This opinion is deemed to have been issued in the absence of a response from the President of the Metropolitan Council within fifteen clear days of receipt of the request for an opinion.

6. The president of the metropolitan council is responsible for policing the roads in the public road domain of the Lyon metropolitan authority.

7. Without prejudice to Article L. 2212-2 and by way of derogation from Article L. 2213-33, the president of the metropolitan council issues taxi operators with parking permits on the public highway. The parking permit may be limited to one or more communes within the territory of the metropolitan area.

8. Without prejudice to Article L. 2212-2 and by way of derogation from Article L. 2213-32, the President of the Metropolitan Council shall exercise the powers enabling him to regulate external fire defence.

9. Without prejudice to article L. 2212-2, the president of the metropolitan council exercises the powers mentioned in article L. 184-1 and in 1° to 3° of article L. 511-2 of the construction and housing code.

II. - When the President of the Metropolitan Council issues a police order in the areas provided for in I of the present article, he or she sends it to the mayors of the municipalities concerned for information as soon as possible.

III. - Municipal police officers recruited pursuant to II and III of article L. 3642-3 or article L. 511-2 of the Code de la sécurité intérieure, municipal police officers made available to the Metropole de Lyon by the municipalities located within its territory and officers of the Metropole de Lyon authorised and sworn in under conditions laid down by decree in the Conseil d'Etat may ensure, under the authority of the President of the Metropole Council, the execution of decisions taken by virtue of I of this article.

IV. - The representative of the State in the département may, in the event that this has not been provided for by the president of the metropolitan council, and after formal notice from the latter has remained without result, exercise the powers of the president of the metropolitan council provided for in I and 9 of I.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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