Armed with black work gloves, a large screwdriver, two flashlights and a container of screws, a man set out in Utrecht on May 28, 2020. He said he wanted to do odd jobs for friends, but the judge did not agree. The Council of State ruled in favor of the municipality this week: the municipality was allowed to prohibit the man from carrying burglary tools within the municipality of Utrecht.
The man who is the subject of the lawsuit was out and about in Utrecht on May 28, 2020 when he was stopped by the police. At the time he had black work gloves, a large screwdriver, two flashlights and a plastic container with screws. However, the APV of the municipality of Utrecht states that it is prohibited to carry burglary tools in a public place.
Because the municipality believes that the attributes the man had with him fall under burglary tools, it has imposed a penalty on him. Every time he is caught with burglary tools, he must pay a fine of 2,500 euros. The man objected to this, but the municipality maintains its position. Therefore, it was up to the judge to decide the matter.
Tinkering with mopeds
The man believes that the tools he had with him do not fall under burglary tools. He likes to tinker with mopeds at friends’ houses and would like to use his own tools, is his position. He finds it ‘irrelevant’ that he was riding a stolen moped at the time of his arrest. He said he did not know that the moped was stolen and was not prosecuted for stealing. The time of his arrest – 8.15 pm – would also indicate that he had no intention of breaking into.
The man told the court that the penalty order now makes it impossible for him to pursue his hobby outside the home. He also finds it ‘unreasonable’ that the ban in the APV is not limited to nighttime hours.
No special circumstances
The court was no longer interested in the man’s story. The judge believes that the mayor rightly concluded that the work gloves, screwdriver, flashlights and screws can be referred to as burglary tools. The fact that the man was riding a stolen moped also plays a role.
The Council of State rules that there are no special circumstances that require a decision not to enforce. “That’s the burden [appellant] makes it impossible to visit friends with his own tools Utrecht doing odd jobs is not enough. If [appellant] with friends Utrecht If he wants to do odd jobs, he can use his friends’ tools.”
The mayor has imposed a penalty to make it more difficult to commit burglary, theft or erasure of traces. According to the Council of State, the mayor may give greater weight to the general interest than the personal interest of the man.
Tags: Order subject penalty transporting burglary tools man argues work friends
