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The aim of the paper is to highlight one of the activities of the municipalities in its operation, namely the position of municipality (public law corporation) as a public guardian in carrying out this activity, with reference to potentials pitfalls associated with providing this public service. Public service is a service that is carried out in the public interest for the benefits of entities. The public service is provided, or ordered and also paid by the organizational unit of the state or municipality, region i.e. territorial self-governing unit. On the basis of the analysis of selected statistical data, available literature of the legislation of this issue, the competences of the municipalities in fulfilling the tasks of the public guardian are pointed out. The induction method will be used to draw generalizing conclusions, creating opinions for solving the tasks assigned to the municipalities for the activities of the public guardian.