Baotou City Interim Measures For Motor Vehicle Parking Lot Management

Original Language Title: 包头市城市机动车停车场管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399550.shtml

Baotou city interim measures for motor vehicle parking lot management

    (September 2, 2013 city 6th 16th Executive meeting on September 16, 2013, baotou city people's Government published in November 2013, 1 head of promulgation) Chapter I General provisions

    First to strengthen the city's motor vehicle parking lot management, maintenance of motor vehicle parking operators and users of the legitimate rights and interests guarantee road safety, according to the People's Republic of China on road traffic safety law, the baotou municipal facilities management Ordinance and the city administration of baotou city Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second, motor vehicle parking in the area of urban planning, the planning, construction, establishment, management and related management activities, application of this approach; public transport, road freight and passenger private car park planning, construction, use and management of other relevant provisions shall be applicable.

Third motor vehicles parking in these measures refers to vehicles parked in outdoor or indoor places, including public parks, roads, parking and private parking.

Public car parking is outside the scope of urban roads, private building or other buildings with construction, idle construction and the use of idle land, temporarily set, provides vehicle parking services for public places.

Road parking means in the context of urban roads by the public security traffic Administration Department shall delimit, for parking motor vehicles area.

    Private car parks are mainly for the unit, motor vehicle parking services in the residential area venues (including diversified into providing parking services for motor vehicle parking lot).

    Article fourth of motor vehicle parking planning, Setup, operation, management, follow the scientific principles of layout and management according to law, convenient to the masses, ensure a safe, orderly and smooth traffic.

Fifth of municipal public security traffic Administrative Department of the city motor vehicle parking authority, responsible for motor vehicle parking lot management, coordination and implementation of the measures.

Municipal urban and rural construction departments are responsible for public parking construction and management of tenders, auctions and other work.

Municipal Administration Department is responsible for the day-to-day supervision and management of motor vehicle parking business activities.

    Development and reform, financial, land and resources, planning, industry and Commerce departments in accordance with the Division of duties, motor vehicle parking lot management related work.

    Planning and construction of chapter

Sixth of municipal planning department in accordance with the overall urban planning and parking demand, together with the municipal public security traffic management departments and the municipal urban and rural construction departments, municipal administration of departmental motor vehicle parking planning, submitted to the municipal people's Government for approval.

    Preparation of motor vehicle parking planning, should be adapted to meet the resource saving and parking demand control requirements.

    Seventh of municipal urban and rural construction in conjunction with the municipal public security and traffic administration, urban management, administrative law enforcement under special planning and preparation of the annual construction plans of the public car park for parking of motor vehicles, reported to the municipal people's Government for approval organization.

Eighth to encourage units and individuals to invest in public car park, and provides the planning, construction, operation and other aspects of policy support.

    Government reserve land and other idle idle land, buildings, and land managers, users, or building owner after the agreement with the consent of the municipal public security and traffic Administration Department, can organize sets of temporary public car park.

Nineth article city road planning red outside and buildings rims Zhijian of open site, can set for public parking of, by city police traffic management sector to city urban and rural construction sector proposed views; not set land right of State-owned space, City urban and rural construction sector can according to motor vehicle parking special planning construction public parking; buildings owners has land right or part land right of, City urban and rural construction sector can and owners consultations common construction public parking.

    Planning of urban road outside the red line between the outer edge of the buildings and open space, need to delimit parking area, by the building owner or the municipal urban and rural construction departments to the municipal public security traffic Administration Department; meets the statutory requirements, and uniformly applied by the public security traffic Administrative Department. Tenth new construction, renovation or expansion projects, commercial districts, tourist areas, residential areas, in accordance with State and city construction standards with construction vehicles with parking.

Does not meet the parking planning and construction standards for construction projects, the planning departments shall not be issued to the construction project planning permit.

    Supporting the construction of car parks should be synchronized with the main part of the project design, construction of synchronous, synchronous delivery. 11th parking allocation standard of construction project by the Municipal Planning Department together with the municipal public security traffic management departments, and submitted to the municipal people's Government for approval.

    Parking allocation standard of construction projects should be based on urban traffic development and urban parking demand timely adjustments. 12th construction of motor vehicle parking shall comply with national, State and city design code.

    There are public car parks should be based on the conditions of the city roads and building of barrier-free design standard (JGJ50-2001) set private motor vehicles parking spaces for persons with disabilities.

    13th construction units for motor vehicle parking organization acceptance, it shall notify the municipal public security and traffic management departments to participate in, acceptance may be put into use.

    14th of municipal public security traffic Administrative Department of the city traffic and parking demands, not under the influence of pedestrian and vehicle traffic, after agreement with the consent of the municipal urban and rural construction department may delimit parking area within the scope of urban roads; no other units or individuals shall delimit road parking.

    15th of municipal public security traffic management authorities and the City Planning Department, the municipal urban and rural construction sector assessments once a year on the road in the city parking situation, according to the city development, adjust the road parking.

16th without approval, no units or individuals are allowed to convert motor vehicle parking for his use or stop using the planning determines the number of parking spaces shall not be increased or decreased shall not change the public car park provide parking for the public the nature of the service.

    A change of function, shall be accounted for in accordance with the parking allocation standard of construction project parking lot construction indicators, and in accordance with the new accounting indicator construction vehicle parking.

    Chapter III public car park management 17th article in whole or in part the use of State-owned assets to invest in the public car park, management of required fees by the municipal urban and rural construction sector of public resources through the trading platform to take tenders, auctions and open competition means to determine the right.

Tender, proceeds from the sale in addition to non-State shareholder agreed to hand over all the parts on all financial, for use in construction and day-to-day supervision and management of the public car park.

Municipal urban and rural construction departments in accordance with the relevant provisions of this way organize the implementation of right to operate motor vehicle parking tender, auction, shall solicit the views of municipal public security and traffic management departments.

Use of State-owned assets to invest in the public car park, non-State-owned investors priority access rights under the same conditions.

    All non-public car park for the construction of State-owned assets investment management, should be submitted to the municipal public security traffic management departments, and industrial and commercial registration, certificate of charges and other legal procedures before operating.

Article 18th obtained through bidding and auction public car park management, managers should sign operating agreements with the municipal urban and rural construction departments, clear term of operation, service standards and other related matters, and the industrial and commercial registration, certificate of charges and other legal procedures before operating. By bidding, auction public car park management in General, the term is not made more than 3 years.

    After the expiry of the term of operation, in accordance with the provisions of these measures to redefine rights.

    19th article City urban and rural construction sector should will by tender, and auction implemented charges management of public parking operators about situation, in determine right Hou 5 a days within informed City police traffic management sector and city city management administrative law enforcement sector; City police traffic management sector should will by record implemented charges management of public parking operators about situation, in record Hou 5 a days within informed city city management administrative law enforcement sector; city city management administrative law enforcement sector on public parking business situation for daily supervision management.

20th public parking charges standards set by price administration departments should be performed using charge bills produced by the Inland Revenue Department.

    Public car park charges should be differences between different regions, different time and in accordance with the above the edge in the Center City, bustling shopping district is higher than other sections of the principles formulated by the price Administration Department in accordance with the relevant provisions.

21st article by tender, and auction made right of public parking operators exit business of, should according to business agreement of agreed and city urban and rural construction sector lifted business agreement, by City urban and rural construction sector according to this approach of provides again determine right; by record implemented charges management of motor vehicle parking operators exit business of, should by city police traffic management sector lifted record rear can stop on social public provides parking service.

    Municipal Department of urban construction and municipal public security and traffic Administration Department shall lift operating agreement or terminate within 5 working days after the filing, motor vehicle car park operators to inform the city administration departments and related departments.

22nd public car park operators shall comply with the following provisions:

(A) in accordance with the tender, auction or filing approved by location, area of business activity;

(B) charge personnel should wear a uniform identification, certificates, civil service;

(C) the car park entrances and prominently set produced by the public security traffic Administrative Department of motor vehicle parking signs and managing identity;

(D) public management systems, standards, supervision and related certificates;

(E) motor vehicle parking stop cars parking of motor vehicles;

(F) keep the area in good condition, clean environment, traffic signs, marking a clear and precise;

    (VII) maintenance on site parking and driving order, ensuring smooth access.

23rd common car park operators shall not be any of the following acts:

(A) alter, transfer or alter, transfer the relevant certificates, vouchers;

(B) without justification refuse to provide parking services;

(C) motor vehicle parking for storing or allowing others to articles not related to storage and parking, allowing parked vehicles occupying parking spaces or others engaged in business activities;
(D) other behaviors prohibited by laws, rules and regulations.

    24th motor vehicle driver in the vehicle when parking, and obey the Guide, stop into place, in accordance with the fees to pay parking fees; vehicles carrying flammable, explosive, toxic and other dangerous substances.

    25th public car park operators do not issue tax provides uniform Bill, parking has the right to refuse to pay.

    26th management obligations not covered public car park operators or not standardized, resulting in vehicle damage or loss and shall assume corresponding liability; parking parking facilities due to fault or damage, shall bear corresponding responsibility.

    27th of municipal public security traffic Administrative Department in conjunction with the construction of the municipal urban and rural construction departments in the city public parking information system, collection of integrated motor vehicle parking information, promote the parking induction, such as billable systems information management and intelligent means motor vehicle parking, and announced to the community motor vehicle parking locations, the number of parking spaces and fees information.

    28th of municipal public security traffic management, urban management, in conjunction with the administrative law enforcement departments, the municipal urban and rural construction departments to develop specification for motor vehicle parking lot management, establish and improve the system of supervision and inspection.

    The fourth chapter road parking management

29th road to delimit municipal public security and traffic management parking, road parking should be formulated in accordance with the following requirements delimit scheme:

(A) ensure orderly flow, all types of vehicles and pedestrians on road traffic safety;

(B) in accordance with regional road parking total control and total amount control of urban road parking requirements;

(C) regional parking supply and demand conditions, adapt to traffic conditions and road capacity;

    (D) shall not be blind and affect the adjacent units and the normal production and operation and life of the residents.

30th the following areas or roads not delimit road parking:

(A) laws and regulations prohibiting temporary parking place;

(B) road network covers 1.5 meters, within a range of around 30 metres of a fire hydrant;

(C) the fire channel, barrier-free access;

(D) regional or other inappropriate to delimit sections.

    From the public car parks within 50 metres of the entrance road parking in principle not to delimit.

31st delimit road parking in any of the following circumstances, municipal public security traffic Administrative Department shall, in conjunction with the municipal urban and rural construction sector adjust or remove road parking:

(A) changes in traffic conditions, parking has affected pedestrians and vehicles using roads to normal traffic;

(B) roads surrounding car parks have been able to meet the needs of parking;

(C) urban infrastructure or other public facilities construction and maintenance needs;

(D) other circumstances that needs to be adjusted or removed.

    Except as provided in the preceding paragraph, any other organization or individual is allowed to remove road parking and may not set up obstacles to the road parking.

32nd road parking fee management, of their right to determine and other management matters in accordance with the relevant provisions of chapter III of this approach in public car park management implementation, but the operating period should not be longer than 1 year.

    Determine the toll road right to the parking tender or auction all turned to the financial, for use in public car park of the building, parking and roads related to the urban road and facilities maintenance, as well as the day-to-day supervision and management of the road parking.

    33rd road parking charges shall be higher than that in the same region, other motor vehicle parking fees at the same time, specific criteria formulated by the price Administration Department in accordance with the relevant provisions.

    34th on road parking stop, parking motor vehicles for motor vehicle drivers shall mark; fee management, according to the actual occupation of parking parking fees for parking.

35th parked high and wide, long vehicles using the road parking.

Parking a motor vehicle shall not be prolonged occupation of road parking for free.

    Any unit or individual, no road parking lot sales, repairs, washing vehicles or piling up objects hampered road traffic activities.

    Fifth chapter private car park management

    Article 36th planned for parking motor vehicles use the parking lot, you should first meet the needs of the units, the owners of residential parking, are not allowed for other purposes or changing the nature of.

37th to encourage private car park open to the public and when parking, providing free or pay for public parking.

Private car park offers parking services and should improve our facilities, submitted to the municipal public security traffic management departments, industrial and commercial registration, certificate of charges according to law and other legal procedures before they can carry out operations fees in accordance with the standards established by the Department in charge of price.

    Residential areas use parking public parking service, subject to the settlement agreement of the general meeting of owners or the owners ' Committee filing procedures. Article 38th municipal public security and traffic management departments shall provide parking services private parking operators within 5 working days after the filing of the situation, urban management, informed the administrative law-enforcement departments, municipal administration departments to carry out day-to-day supervision and management.

    Specific management matters in accordance with the relevant provisions of chapter III of this approach in public car park management implementation.

    39th parked vehicles carrying flammable and hazardous chemical private car park, not at the same time provide other parking services.

    The sixth chapter legal liability

    40th article violates these measures set forth in article Nineth, 14th, delimit road parking without authorization by the public security traffic Administration Department shall order the removal of illegal facilities is designated the road parking, fined 500 yuan each parking space standards.

    41st article violates this article tenth, 16th, 36th article in the first paragraph, is not in accordance with the construction standards with construction vehicles with parking, without altering the use of motor vehicle parking or to stop by the Planning Department in the investigation.

    42nd article violates this article 17th, 18th in the fourth paragraph of article, 32nd, 37th in the first paragraph of article, without registration, or without open bidding, auctions to determine rights, activities of the unauthorized use of motor vehicles operating in the car park, managed by the city law enforcement department be ordered to desist from the illegal act, penalty of between 1000 and 10000 Yuan.

    43rd violates the first paragraph of the article 21st, after filing charges and operation of vehicle parking lots without the disarmament record without authorization and stop providing parking on the public service, managed by the city law enforcement department rectification; late refuses, penalty of between 1000 and 10000 Yuan.

    44th article provides charges service of motor vehicle parking of operators violation this approach 22nd article, and 23rd article provides of, by city management law enforcement sector ordered corrected, at 1000 Yuan following fine; refused to corrected, or violation 22nd article first items, and 23rd article first items provides plot serious of, city city management law enforcement sector can while recommends City urban and rural construction sector lifted business agreement or recommends City police traffic management sector revoked business record.

    45th in violation of paragraph II of this article 31st, unauthorized removal of road parking or set up obstacles to the road parking, by the public security traffic Administrative Department ordered corrective action and penalty of between 1000 Yuan.

    46th article violation this approach 35th article provides, in road parking berth Park super high, and super wide, and super long vehicles or engaged in sales, and repair, and wash vehicles or stacked items, hamper road traffic order activities of, by police traffic management sector ordered corrected, at 1000 Yuan above, and 5000 Yuan following fine; refused to corrected, its consequences has or will against traffic security of, by police traffic management sector according to People's Republic of China administrative forced method about generation perform of provides implementation.

    47th article violates this involves other departments administrative privileges, by the relevant authorities according to law.

48th departments with responsibility for motor vehicle parking lot management in violation of these regulations or fails to perform the duties as provided herein, by the people's Government of the people's Governments at the corresponding level or by the relevant Department in charge shall command a correction, criticized, and has the lead responsibility of administrative liability of those.

    Staff with responsibility for motor vehicle parking lot management neglect, abuse, deception, by units or the discipline inspection and supervision departments hold administrative responsibility constitutes a crime shall be investigated for criminal liability.

    The seventh chapter by-laws

    49th according to the rules of public parking lots, roads, parking management organization of bidding, auction, and the specific scope, procedures, conditions, developed separately by the municipal people's Government.

    50th article of the urban planning area of motor vehicle parking lot management beyond reference to these measures. 51st these measures come into force November 1, 2013.