CITTA’ DI CASTELLO – interrogazione del consigliere comunale, Andrea Lignani Marchesani (Castello Civica)Ricorsi su disturbi alla quiete pubblica e recenti sentenze: interrogazione del consigliere comunale, Andrea Lignani Marchesani (Castello Civica). “Premesso che la recente sentenza della Corte di Cassazione n.14209 dello scorso 23 maggio riguardo le responsabilità del Comune di Brescia per le immissioni di rumore nell’abitazione di privati prodotte dagli avventori di alcuni esercizi commerciali oltre l’orario di chiusura per presunti danni alla salute rischia, potendo fare giurisprudenza
di avere un effetto a catena e provocare danni a tutte le casse comunali; che casi contro la cosiddetta movida selvaggia si sono verificati anche a Città di Castello nel recente passato; che comunque detta sentenza può determinare possibili non auspicabili esborsi per le casse comunali e un potenziale contenzioso futuro considerato che in tutta Italia si stanno già mobilitando comitati ad hoc anche con possibili class action; che ANCI e UPI hanno già lanciato grida d’allarme per i rischi per le casse comunali; che il regolamento di Polizia, Sicurezza urbana e DASPO urbano in via di approvazione potrebbe dover essere riverificato nella sua stesura alla luce di detta sentenza”. Per queste motivazioni, Lignani Marchesani interroga la giunta, sull’esistenza e sul numero di contenziosi già in essere tra il Comune e privati cittadini riguardo la problematica sopra esposta; sull’esistenza e sul numero di segnalazioni in tal senso che potrebbero essere fonti di contenzioso; sul monitoraggio riguardo potenziali situazioni sensibili su questo conteso; sulla necessità di prevenzione riguardo il crearsi di potenziali criticità; sulla necessità di riverificare il sopracitato regolamento comunale alla luce di detta sentenza , in particolar modo all’articolo 34, sia nell’immediato con la descrizione di cogenti azioni dissuasive da parte del Corpo di Polizia municipale sia in prospettiva considerata l’urgenza di intervenire presso gli organi preposti, ANCI e Istituzioni regionali e nazionali, per un omogeneo provvedimento legislativo che abbini poteri a responsabilità e sulla necessità di un celere ampliamento dell’organico del Corpo di Polizia Municipale considerata la necessità di una costante presenza notturna finalizzata al rispetto degli orari di chiusura , di abbassamento e/o azzeramento dei decibel e di dispersione di capannelli di persone residuali esterni al locale”.
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