General decree of the city of Chemnitz

On the basis of Sections 3 para. 2 and 44 para. 1 no. 1 of the Federal Nature Conservation Act of 29 July 2009 (Federal Law Gazette I p. 2542), which was last amended by Article 48 of the Act of 23 October 2024 (Federal Law Gazette 2024 I no. 323) (BNatSchG), and Sections 46 para. 1 no. 3, 47 para. 1 of the Saxon Nature Conservation Act of 6 June 2013 (SächsGVBl. p. 451), which was last amended by the Act of 22 July 2024 (SächsGVBl. p. 672) (hereinafter: SächsNatSchG), the City of Chemnitz, as the lower nature conservation authority, issues the following

General decree

§ 1 Scope of application

The scope of this general order covers the entire urban area of the independent city of Chemnitz.

§ 2 Prohibition of the night-time operation of robotic lawnmowers

(1) In order to protect hedgehogs and other small vertebrates, the operation of robotic lawnmowers is prohibited within the scope of the general ruling from half an hour before sunset to half an hour after sunrise on the following day (information on the exact time of sunrise or sunset in Chemnitz can be found, for example, at www. wetterdienst.de/Deutschlandwetter/ Chemnitz_Sachsen).

(2) Robot mowers (also: lawn mowing robots; lawn robots) within the meaning of this general ruling are all service robots that can mow a specified lawn area automatically and not remotely.

§ Section 3 Exceptions and exemptions

(1) The prohibition in Section 2 (1) of this general ruling does not apply to the operation of robotic lawnmowers in enclosed spaces or on green roofs (lawns on roofs).

(2) An exemption from the prohibition in Section 2 (1) of this general ruling shall be granted by the Lower Nature Conservation Authority of the City of Chemnitz upon application if it is proven that in the specific individual case there is no danger to the life and limb of hedgehogs and other small vertebrates from the use of a robotic mower.

(3) An exemption from the prohibition in Section 2 (1) of this general ruling may be granted by the Lower Nature Conservation Authority of the City of Chemnitz upon application in accordance with Section 67 (2), (3) BNatSchG if the implementation of the regulations would lead to an unreasonable burden in the individual case.

§ 4 Immediate enforcement

The immediate enforcement of § 2 para. 1 of this general ruling is hereby ordered.

§ 5 Entry into force

This general ruling shall enter into force on the day following its publication.

Reasons

I. Facts of the case

A decline in the population of the European hedgehog (Erinaceus europaeus) has been observed in various European countries in recent decades.

The Red List of Mammals updated in 2020 (1) paints a similar picture for Germany. Hedgehogs, which used to be found in large numbers everywhere, are now reported to be in significant decline. Long-term counts of roadkill in Bavaria show that the number of hedgehogs found dead has fallen by around 80 per cent in the last 40 years or so (2), which cannot be attributed to effective protection measures but rather to a general decline in the population. (3)

There are many reasons for the population decline. One of the most serious reasons is the lack of insects as the hedgehog's main food source as a result of pesticide use, light pollution and habitat loss. Another cause is the lack of suitable habitats in the open countryside. There is often a lack of hedges and bushes where the animals can sleep during the day, build their nests for hibernation and raise their young. As a result, hedgehogs often move to urban substitute habitats, e.g. green spaces and parks, cemeteries or gardens. Cities and municipalities therefore have a special responsibility to protect hedgehogs in these alternative habitats.

However, robotic lawnmowers are increasingly being used in gardens, which represent a major source of danger for numerous small vertebrates, especially hedgehogs. Scientific studies show that almost all robot mower models do not recognise small animals without first touching them. The Leibnitz Institute for Zoo and Wildlife Research tested a total of 37 models on dead hedgehogs in two studies: in all cases, the mowers only turned off after physical contact. (4) In most cases, the injuries are serious and often fatal. (5) Injured animals are usually exposed to a very long and considerable period of suffering. Stiftung Warentest comes to a similar conclusion in its robotic mower tests (04/2022 and 04/2024). (6)

As robotic lawnmowers are autonomous and also very quiet, they are often operated at night. Their use at dusk and at night is particularly problematic, as hedgehogs are crepuscular and nocturnal. To make matters worse, hedgehogs are not flight animals and instead curl up in danger and rely on the protection of their spines.

According to an analysis of the data from three animal rescue and care centres, at least 47 hedgehogs with cuts were injured by gardening tools in the city of Chemnitz in 2024, of which at least 24 hedgehogs with cuts died. There was a significant increase in hedgehog care cases in the city of Chemnitz from 2022 to 2023 and again in 2024. In the area covered by the three animal rescue and care centres in south-west Saxony, there is also evidence of a doubling of care cases with cuts in 2024 compared to the previous year. (7)

A significantly higher number of unreported cases is assumed, as injured hedgehogs usually hide and are therefore not found or the carcasses are eaten by other animals.

II Legal assessment

The City of Chemnitz, as the lower nature conservation authority, is responsible for issuing the general ruling in accordance with Sections 46 (1) No. 3, 47 (1) SächsNatSchG in conjunction with Sections 3 (1), 44 (1) BNatSchG.

The general ruling has its legal basis in Sections 3 para. 2 and 44 para. 1 no. 1 BNatSchG:

1. according to § 44 para. 1 no. 1 BNatSchG, it is prohibited to stalk, capture, injure or kill wild animals of specially protected species or to remove, damage or destroy their developmental forms from the wild.

2 Pursuant to Section 3 (2) BNatSchG, the authorities responsible for nature conservation and landscape management shall monitor compliance with the provisions of this Act and the regulations issued on the basis of this Act and, at their discretion, take the measures necessary in individual cases to ensure compliance, unless otherwise specified.

The European hedgehog (Erinaceus europaeus) is a specially protected species pursuant to Section 7 para. 2 no. 13 c) BNatSchG in conjunction with Annex 1 of the Federal Species Protection Ordinance and is therefore covered by the scope of application of Section 44 para. 1 no. 1 BNatSchG. Other small vertebrates i. Other small vertebrates within the meaning of the general ruling are, for example, all amphibians, which are specially protected in accordance with Section 7 para. 2 no. 13 b) aa) BNatSchG in conjunction with Annex 1 of the Federal Species Protection Ordinance and are therefore also covered by the scope of application of Section 44 para. 1 no. 1 BNatSchG.

§ Section 44 para. 1 no. 1 BNatSchG prohibits, among other things, any attack on the physical integrity that results in the injury or killing of a protected animal. The prohibition of access under Section 44 para. 1 no. 1 BNatSchG is aimed at protecting individuals and as such is not amenable to population-related relativisation (see NuR BVerwG NVwZ 2008, Beil. Heft 8, p. 54 para. 563; NVwZ 2010, 44 para. 58; OVG Magdeburg NuR 2016, 497 (499); OVG Saarlouis NuR 2017, 718 (719); OVG Münster NuR 2019, 425 (426); OVG Lüneburg Urt. v. 25 October 2018 - 12 LB 118/16, juris para. 211; OVG Greifswald NuR 2019, 265 (267)).

The privilege under Section 44 para. 5 sentence 2 no. 1 BNatSchG only benefits intervention projects and projects within the meaning of Section 18 para. 2 sentence 1 BNatSchG (see Gellermann in: Landmann/Rohmer, Umweltrecht, status: 105th ed. September 2024, Section 44 para. 9; Heugel in: Lütkes/ Ewer, BNatSchG, 2nd edition 2018, Section 44 para. 52; Gläß in: BeckOK Umweltrecht, Giesberts/Reinhardt, 73rd edition as of 1 January 2025, Section 44 para. 69), which is why the significance approach from Section 44 para. 5 sentence 2 no. 1 BNatSchG cannot be transferred to other actions - in this case the operation of robotic lawnmowers.

The main activity times of hedgehogs are mainly at dusk and at night. During these times, hedgehogs mainly search for food. In addition to green spaces and parks, they also forage in gardens.

As robotic lawnmowers operate autonomously and are very quiet, they are often used at night. In the event of physical contact with the robotic lawnmower, the hedgehog does not flee, but instead plays dead and curls up for supposed protection.

The majority of robotic lawnmower models currently available on the market do not (yet) recognise hedgehogs as an obstacle and are therefore unable to avoid hedgehogs with sufficient safety distance. If a robotic lawnmower encounters a hedgehog, the sharp knives and rotating blades of the robotic lawnmower typically mutilate or seriously injure the hedgehog, often resulting in its death. (8) The night-time operation of robotic lawnmowers and the operation of robotic lawnmowers at dusk and dawn therefore represent a major source of danger to the life and limb of hedgehogs. The prohibition in Section 2 (1) of this general ruling significantly reduces the likelihood of hedgehogs and other small vertebrates being injured or killed by robotic mowers and thus the realisation of the prohibition in Section 44 (1) No. 1 BNatSchG.

According to current knowledge, technically more sophisticated models of robotic mowers that recognise the animals and stop operation autonomously or avoid the animals at a sufficient safety distance are not available on the market, or only to a very limited extent (9). It is possible to apply for an exemption for such models in accordance with Section 3 (2) of this general ruling.

The ban on operating robotic lawnmowers for half an hour before sunset until half an hour after sunrise on the following day, i.e. during twilight and at night, is required in accordance with Sections 3 (2) and 44 (1) No. 1 BNatSchG in order to ensure compliance with the ban on access under Section 44 (1) No. 1 BNatSchG. The general clause from Section 3 para. 2 BNatSchG can - as here - be used in particular to prevent unlawful behaviour (Heß/Wulff in: Landmann/Rohmer, Umweltrecht Werkstand: 105th EL September 2024, Section 3 para. 18, w. w. N.).

The general order prohibiting the night-time operation of robotic lawnmowers in the period from half an hour before sunset to half an hour after sunrise on the following day pursues a legitimate purpose. Hedgehogs as mainly crepuscular/nocturnal animals and other small vertebrates are to be protected from the risk of being killed or injured by the operation of robotic lawnmowers during twilight or night time, and the risk of the prohibition in Section 44 para. 1 no. 1 BNatSchG being realised due to the operation of robotic lawnmowers is to be reduced or excluded for the hedgehog's main period of activity.

Even if this is not the decisive factor when explaining the legitimate purpose of the general ruling, the legitimacy of the request is underpinned once again by the fact that, according to the Red List of Mammals updated in 2020 (7), hedgehog populations are generally in significant decline. The need for action is also evident from information from hedgehog care centres, according to which at least 47 hedgehogs were injured by the use of garden machinery such as robotic lawnmowers and brushcutters in 2024 alone and at least 24 hedgehogs died as a result. Due to the frequent difficulty in finding injured or killed hedgehogs, a significantly higher number of unreported cases can be assumed.

The general order banning the night-time operation of robotic lawnmowers from half an hour before sunset until half an hour after sunrise the following day is a suitable means of realising the aforementioned purpose. The ban on the operation of robotic lawnmowers during the hedgehog's main activity period (twilight and night time) is suitable for significantly reducing or - in relation to the hedgehog's main activity period - completely eliminating the risk of even serious or fatal injuries to hedgehogs and other small vertebrates caused by robotic lawnmowers.

The general order prohibiting the night-time operation of robotic lawnmowers in the period from half an hour before sunset to half an hour after sunrise on the following day is still necessary, as no milder measures are apparent that could achieve a comparable success with comparable safety and effort. Issuing individual bans, for example, only in the event that violations of Section 44 para. 1 no. 1 BNatSchG are actually detected, would be less certain, as they only take effect if a violation of Section 44 para. 1 no. 1 BNatSchG has already been detected. In addition, effective enforcement of Section 44 para. 1 no. 1 BNatSchG would entail a significantly higher monitoring effort that could not be realised in reality. This is all the more true as injured hedgehogs usually hide and dead hedgehogs are often eaten by other animals and therefore regularly cannot be found.

Furthermore, the issuing of the general order is appropriate and the intended purpose is not disproportionate to the intensity of the intervention. This general ruling pursues the goal of effectively protecting hedgehogs and other small vertebrates from sometimes serious to fatal injuries caused by robotic lawnmowers, i.e. preventing or at least significantly reducing the risk of the prohibition in Section 44 para. 1 no. 1 BNatSchG being realised. With Section 69 para. 2 no. 1, 7 BNatSchG and the possibility of sanctions for (even negligent) violations with fines of up to fifty thousand euros stipulated therein, the federal legislator expressed the high public interest in enforcing compliance with this prohibition. In contrast, Section 2 (1) of this general ruling only prohibits the use of robotic lawnmowers during the night or twilight hours, leaving their use completely unaffected. There are many hours left to put robotic lawnmowers into operation or use them effectively between sunrise and sunset. In addition, this general ruling provides for general exceptions (Section 3 (1)) and the possibility of applying for an exception (Section 3 (2)) or exemption (Section 3 (3)) from the prohibition in Section 2 (1) of this general ruling.

III Reasons for immediate enforcement

Immediate enforcement is ordered in the public interest pursuant to Section 80 (2) sentence 1 no. 4 of the German Code of Administrative Court Procedure (VwGO). By ordering immediate enforcement, the suspensive effect of any appeals is cancelled. In principle, an appeal against this general ruling would have suspensive effect. In practice, this means that the requirements and prohibitions of the general ruling would not have to be observed for the duration of the legal proceedings. The operation of robot mowers during the night and at dusk could therefore continue and there would still be a considerable risk of injury or death from the use of robot mowers to the detriment of hedgehogs and other small vertebrates.

The cancellation of the suspensive effect is justified by an overriding public interest in the immediate enforcement of the general ruling. It outweighs the interest of individuals in the unhindered continued use of robotic lawnmowers during twilight and at night after weighing up all legal and factual aspects. In particular, the interest of the operators of robotic mowers in unrestricted use and the interest in effectively preventing the realisation of the partially even punishable prohibition under Section 44 para. 1 no. 1 BNatSchG through the use of robotic mowers were taken into account.

The operation of robotic mowers during twilight and night-time hours poses a considerable risk in the form of an increased risk of injury and death for hedgehogs and other small vertebrates. This is also supported by data from animal rescue and care centres. The fact that robotic mowers can continue to be used outside the prohibited period must also be taken into account. There are no apparent overriding reasons that would justify continuing to tolerate the operation of robotic mowers at dusk and at night and the associated avoidable risk of injury and death for hedgehogs and other small vertebrates until a court ruling (which often takes several years) has been issued. The interest of the general public in the immediate enforcement of the order therefore outweighs any interest in postponement on the part of those affected.

Pursuant to Section 1 of the Administrative Procedure Act for the Free State of Saxony in conjunction with Section 28 (2) No. 4 of the Administrative Procedure Act (VwVfG), a hearing may be dispensed with if it is not required in the circumstances of the individual case, in particular if the authority wishes to issue a general ruling. This was utilised in the present case, as the group of people affected by the general ruling is not foreseeable.

Notes

Violations of Section 44 para. 1 no. 1 BNatSchG constitute administrative offences that can be punished with a fine of five to fifty thousand euros (Section 69 para. 2 no. 1, 7 BNatSchG).

If committed intentionally and if strictly protected species are affected, violations are prosecuted as a criminal offence (prison sentence of up to five years or a fine) (Sections 69 para. 2 no. 1, 71 para. 1 BNatSchG).

Immediate enforceability was ordered for § 2 of the general ruling in accordance with § 80 para. 2 sentence 1 no. 4 VwGO. The objection therefore has no suspensive effect. This means that you must comply with the orders, even if you have lodged an appeal against the general ruling. To restore the suspensive effect, please refer to the provisions of Section 80 (4) and (5) VwGO.

Information on legal remedies

An objection to this general ruling may be lodged within one month of its notification. The objection must be submitted in writing, in electronic form in accordance with Section 3a (2) of the Administrative Procedure Act, in written form in accordance with Section 3a (3) of the Administrative Procedure Act and Section 9a (5) of the Online Access Act or for recording at the City of Chemnitz, Markt 1, 09111 Chemnitz or at any other office or citizen service centre of the City of Chemnitz.

If the objection is lodged in writing in accordance with Section 3a (3) of the Administrative Procedure Act, the following options are available:

1. using the online application "Submit an objection" available on the website of Amt 24 (www.amt24.sachsen. de) and identification via eID

2. in the case of legal representation, by filing via the special public authority mailbox (beBPo) "Stadt Chemnitz".

Chemnitz, 12 June 2025

Carina Kühnel

Head of the Environmental Office

List of sources:

1 Meinig, H.; Boye, P.; Dähne, M.; Hutterer, R. & Lang, J. (2020): Red List and overall species list of mammals (Mammalia) of Germany. - Nature Conservation and Biodiversity 170 (2): 73 p., https:// www.rote-liste-zentrum.de/files/NaBiV_170_2_Rote_Liste_Saeugetiere.pdf

2 Reichholf, J.H. (2015): Sharp decline in the abundance of roadkill hedgehogs Erinaceus europaeus in south-east Bavaria and its causes. - Announcements of the Braunau Zoological Society 11: 309-314, www.zobodat.at/pdf/Braunau_11_2015_0309-0314.pdf

3 Meinig, H.; Boye, P.; Dähne, M.; Hutterer, R. & Lang, J. (2020): Red List and Complete Species List of Mammals (Mammalia) of Germany. - Nature Conservation and Biodiversity 170 (2): 73 p., https:// www.rote-liste-zentrum.de/files/NaBiV_170_2_Rote_Liste_Saeugetiere.pdf

4 Rasmussen, S.L.; Schrøder, A.E.; Mathiesen, R.; Nielsen, J.L.; Pertoldi, C.; Macdonald, D.W. Wildlife Conservation at a Garden Level: The Effect of Robotic Lawn Mowers on European Hedgehogs (Erinaceus europaeus). Animals 2021, 11, 1191. doi.org/10.3390/ and Rasmussen, S.L.; Schroder, B.T.; Berger, A.; Sollmann, R.; Macdonald, D.W.; Pertoldi, C.; Alstrup, A.K.O. Testing the Impact of Robotic Lawn Mowers on European Hedgehogs (Erinaceus europaeus) and Designing a Safety Test. Animals 2024, 14, 122. doi.org/10.3390/ani14010122

5 Berger, A. Occurrence and Characteristics of Cut Injuries in Hedgehogs in Germany: A Collection of Individual Cases. Animals 2024, 14, 57p. doi.org/10.3390/ani14010057

6 www.test.de/Maehroboter-im-Test-4698387-0/

7 Data analyses by "Tierrettung Chemnitz e. V.", "Stachelnasen Zwickauer Land e. V.", "Stachel und Co. Erzgebirge e. V.", unpublished

8 Berger, A. Occurrence and Characteristics of Cut Injuries in Hedgehogs in Germany: A Collection of Individual Cases. Animals 2024, 14, 57p. doi.org/10.3390/ani14010057

9 Rasmussen, S.L.; Schrøder, A.E.; Mathiesen, R.; Nielsen, J.L.; Pertoldi, C.; Macdonald, D.W. Wildlife Conservation at a Garden Level: The Effect of Robotic Lawn Mowers on European Hedgehogs (Erinaceus europaeus). Animals 2021, 11, 1191. doi.org/10.3390/ and Rasmussen, S.L.; Schroder, B.T.; Berger, A.; Sollmann, R.; Macdonald, D.W.; Pertoldi, C.; Alstrup, A.K.O. Testing the Impact of Robotic Lawn Mowers on European Hedgehogs (Erinaceus europaeus) and Designing a Safety Test. Animals 2024, 14, 122. doi.org/10.3390/ani14010122.