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Cities, Wuhan Municipal People's Government On The Revision Of The Management Measures For The Power Of Relatively Concentrated Administrative Punishment Decision (Amended In 2013)

Original Language Title: 市人民政府关于修改《武汉市城市管理相对集中行政处罚权办法》的决定(附2013年修正本)

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Decision of the Government of the commune to modify the relatively centralized administrative sanctions regime for urban management in the city of Vilhan (as amended in 2013)

(Summit No. 70th ordinary meeting of the Government of the Republic of Vavuhan, 2 December 2013, considered the adoption of Order No. 247 of 16 December 2013 of the Order of the People's Government of Vavhan, which was launched on 16 January 2014)

The Government of the city has decided to amend the right to administrative penalties relative to urban management in Vilhan as follows:

Amending Article 17 as follows:

“Infractions within the public green area of the Urban Management Law Enforcement Service, which requires an order to compensate for losses, shall be informed of the compensation criteria set by the parking sector within 5 days, the penalties and compensation decisions taken by the urban administration law enforcement authorities and the transfer of compensation to the forest sector within one month of implementation.”

Delete article 18.

Add a paragraph to article 28 as article 27,

“Accelerating oil in the room, causing contamination of the living environment of the near-resident population, and in accordance with the provisions of the Indian People's Atmospheric Pollution Control Act, the period of time has been converted to a fine of up to $50 million; in serious circumstances, the refusal to rectify the condition of a fine of up to 00 million dollars.

Removals and hidings are carried out for the burning of suffs, such as large-scale loads, resulting in contamination of the residential environment of the near-residents, which can be converted to fines of up to 100 million dollars; in the event of severe refusal, with a fine of up to 100,000 dollars.

Additional article as article 28,

“without the approval of the environmental protection sector, construction works at night have resulted in environmental noise pollution construction operations, which can be converted to fines of up to 300,000 dollars; refusal to change or other serious circumstances; and fines of up to $300,000.

Add a article as article 29, namely,

“The border noise of new operating cultural recreation sites should be in line with national standards for environmental noise emissions.

In operating cultural recreation sites, their operators should take effective measures to make their border noise less than the national standard of environmental noise emissions.

In violation of paragraph 2 of this article, causing environmental noise contamination, the order is correct, which can be fined by more than 5,000 dollars, and the refusal to correct or otherwise have serious circumstances, with a fine of up to $300,000.

Add a article as article 31, namely,

“The use of air conditioners in business operations, refrigeration of equipment, facilities that may cause environmental noise contamination, and their operators should take measures to make their border noise less than the country's prescribed environmental noise emission standards. In violation of the provisions, an environmental noise is subject to a fine of up to 5,000 yen, which may be fined by more than 5,000 yen; refusal to change or other serious circumstances; and a fine of up to 300,000 dollars.

Add a article as article 31, namely,

“The environmental protection sector in the region should provide technical support for noise pollution when the urban administration law enforcement authorities in the context of the noise contamination offences covered by articles 28 to 31 of this approach.”

In addition, language changes and sequencing were made to the relevant provisions of the original text. The Vilhan city management is relatively concentrated in administrative penalties, as amended by this decision.

Annex: Digestion of administrative penalties for urban management in Vilhan City (Amendments of 2013)

Chapter I General

Article I, in order to strengthen urban management, is relatively focused on administrative penalties, in accordance with the National People's Republic of China's Administrative Punishment Act, the National People's Republic of China Administrative Forced Labour Code, the Regulations on the Incorporation of Sanitation in the city of Vilhan, and the letter of the Office of the State of the Rule of Law on the conduct of comparatively centralized administrative sanctions pilots in the city of Vhan, North Lakes province (State law letter 2001? 137) and in the spirit of the current city, to develop this approach.

Article 2

(i) New technology development areas in the Lake Giang, Hani, Xian, Vuk, Hill, Blue Mountains and Vin-East Lake, the Vilhan Economic Technology Development Zone, the ecological tourism landscape in the city of Eastern Lake and the Vhan Chemical Industrial Zone;

(ii) Janti, summer, East and Lake, Han South, Jebel, New Africa, the establishment of regional and urban development areas and other regions approved by the Government of the city.

Article 3. The urban administration enforcement sector is responsible for the organization, coordination, monitoring and inspection of administrative penalties that are relatively concentrated in urban management across the city.

Regional urban management law enforcement agencies are responsible for the implementation of urban management in the Territory's specific focus on administrative penalties.

The new technology development area of the Lake Vilhan Orientale Lake, the Vilhan Economic Technology Development Zone, the city's ecotourism landscape and urban management law enforcement agencies in the Vilhan Chemical Industrial Zone, are entrusted by the urban administration enforcement sector and are responsible for the specific implementation of the urban management in the region's relative concentration of administrative sanctions.

Article IV. The municipal, regional urban management law enforcement authorities (hereinafter referred to as the urban administration law enforcement sector) are concentrated under this approach, in accordance with the provisions of this approach, in the management of sanitation, urban planning, urban green management, municipal administration, environmental protection management, business administration, public safety management, and administrative penalties for transport management, and in the case of administrative penalties for urban management, the administration of urban administration cannot be exercised without further execution, and the administrative sanctions decisions taken are null and void.

Article 5 The urban management law enforcement authorities should establish a system of regular communication between law enforcement officials, the introduction of administrative law enforcement responsibilities and the evaluation of the vetting system and the effective enhancement of administrative law enforcement.

Chapter II

Article 6.

(i) Synergy and windows for the main roads in the cities, saving, rushing, saving blocks of the city, with a fine of up to $300,000;

(ii) In urban roads or in other public places, facilities are written and hit by fines according to the standard of $50; in the case of paints, sketes, at a fine of up to 5,000 dollars; in the event of severe fines of over $300,000;

(iii) Without approval by the urban administration law enforcement authorities or without posting, hiding of the approved content, or out-of-house advertisements and publicity, which have not been completed in a timely manner, a fine of up to $50 million. (b) A fine of up to 3,000 dollars for self-organizational posts and flags of propaganda;

(iv) Unauthorized or not established in accordance with the requirements and deadlines for approval, the time limit for demolition or conversion may be fined in accordance with the standards of 2,000 square meters, but the fine shall not exceed 100 million dollars; and the application for enforcement by the People's Court of Justice is not removed or corrected;

(v) The operation of the shop is fined in accordance with the criteria that exceed 300 square meters of the area, but the fine shall not exceed €20000;

(vi) Other violations of the regulations governing the administration of the city, which are punishable under the relevant provisions.

Article 7.

(i) Accumulate a fine of 50 kidnapped with chewing nuclear, paper, boxes, cigarette, beating tanks, oral sugar, plastic kits;

(ii) Inclination of sewerage and inclination of waste such as animal body, with a fine of more than $50 million;

(iii) No fine of up to $50 million, in accordance with the provisions for the dumping of manure;

(iv) The dumping of living garbage in non-designated places is subject to a fine of up to €200,000 for personal service and a fine for the unit in accordance with the standard of €100 per cubic metre;

(v) The garbage of living garbage has been pushed into non-designated places, with a fine of more than 1000 dollars;

(vi) The failure of the municipal health-care professional unit to perform clean-up responsibilities and the clean-up is incompatible with the requirements and is addressed in accordance with the signed letter of responsibility or the contractual agreement;

(vii) The garbage trans-shipment station is not open to society or has an adverse environment within and outside the prescribed time, with a fine of over 3,000 dollars;

(viii) units such as scientific research, medical, livestock slaughter, biological products will result in the blend of toxic hazardous wastes into the garbage of living or incest, with a fine of 500,000 dollars;

(ix) burning of trees and garbage in roads or in public places, with a fine of more than $50 million;

(x) A fine of 50 kidnapped for funeral supplies such as roads or public places, burning of paper books, and incests;

(xi) The residues generated by the alteration, refurbishment of homes have not been cleared in accordance with the provision of a fine of up to $50 million;

(xii) Other violations of the provisions of sanitation management are punishable in accordance with the relevant provisions.

Article 8.

(i) In the street, the washing of construction materials outside the construction site, with a fine of more than 500,000 dollars;

(ii) Transport of dispersal, movable or garbage or garbage paths, with a fine of 100 square meters per contaminated area, in accordance with the criteria of 100 square meters;

(iii) Releasing or dumping of wastes such as garbage, slander, or dumping in non-designated places, with a fine of €50 million for units and a fine of up to $50 million for individuals.

Article 9 washaving vehicles in public places, such as urban roads, square brackets, with the time limit being changed and a fine of up to $50 million.

Article 10 does not acquire the quality of the operation, engage in a cleaning order, rectify and imposes a fine of up to 5,000 yen; in serious circumstances, a fine of up to 300,000 dollars. Without permission to engage in the construction of garbage, a fine of more than 5,000 units is fined to 1000 individuals.

Article 11, “The three-phase” responsibility unit has not been able to carry out its duties, has changed the time limit and fined up to $50 million.

Article 12 has the following violations of environmental sanitation construction and management provisions, the time limit is being changed and fined:

(i) Without the establishment of environmental sanitation facilities in accordance with the provisions, the duration of the period of time is to be filled with serious circumstances, which can be fined up to one times the cost of environmental sanitation;

(ii) The unauthorized removal of environmental sanitation facilities or the removal of demolitions in accordance with the approved evictions programme, the compensation of losses and the fine of up to 100,000 dollars in the year 2000; and, in exceptional circumstances, the fine of up to $100,000;

(iii) Conclusive closure, damage to environmental sanitation, compensation for losses and fines of more than 100,000 dollars in 2000; in exceptional circumstances, a fine of up to $100,000 could be paid below $0.

Article 13 imposes a fine on buildings or facilities that are not in compliance with urban profiling standards and environmental sanitation standards, for the period of time being renovated or dismantled, and are subject to a fine in accordance with the statutory procedures.

Chapter III

Article 14.

(i) Accumulating and disruptive waste in green areas;

(ii) Damages and green sets;

(iii) Releasing material in the law and in the forum;

(iv) Flighting trees and excerpts;

(v) Greenization facilities such as damage columns, slogans and water pipelines;

(vi) Establishment of advertisements (columnes) in urban green areas;

(vii) Other damage to urban greenization and its facilities.

Article 15. Removal and destruction of trees by causing compensation for losses and compensation for more than three times the amount of damages.

Deforestation, spontaneous relocation of Guang trees or damage or death due to poor conservation are punishable under the relevant regulations, regulations.

Article 16, which has taken over the Green Lands of the Urban, has been forced to responsibly, restore the status quo and, since its occupation, impose a fine on the basis of the standard of 100 square meters per day; and has been removed by law.

Article 17 Violations in public green areas where the urban administration law enforcement authorities are located shall be responsible for compensating for losses, shall inform the forest sector to submit compensation criteria within 5 days, impose penalties and compensation decisions by the urban administration law enforcement authorities and, within one month of completion, transfer the compensation to the forest sector.

Chapter IV Urban road management

Article 18 states that the period of time has been changed in violation of urban road occupation, exhumation management provisions, with a fine of up to US$ 20000, causing loss and liability:

(i) The unauthorized occupation or excavation of urban roads;

(ii) The absence of approval, area, duration or excavation of urban roads;

(iii) With the expiry of the urban road or the exhumation of urban road works, no time has been required to repair or clean the ground in accordance with the provisions.

Article 19 has the following damage, intrusion of urban roads, the period of time being corrected and the fine of US$ 20000; the loss caused the liability:

(i) The construction of buildings and constructions on the road to cities;

(ii) Over four kilograms/top cm (0.4 gpa) of stress on the bridge, and more than 10 months of high-pressed electricity lines and other flammable explosive routes;

(iii) The lack of timely filling or rehabilitation of the damage to the various gates on the urban road;

(iv) Not established on the road construction site in urban areas, marked markings and security-stop facilities;

(v) The construction of facilities, such as trajectory and trajectory, along with urban roads, has not been subject to approval procedures;

(vi) Renovate the line under the urban road without formalizing the approval process in accordance with the provisions;

(vii) Other damage and appropriation of urban roads.

Article 20 of the non-modile vehicle was stopped in human tunnels (including bridges), a man-day bridge, the street tunnels were not stopped under the provisions, and a fine of $20 was warned.

The motor vehicle was not stopped in accordance with the provisions of the law, regulations and regulations.

Chapter V

Article 21, construction units or individuals shall be subject to inspection and supervision in the relevant sector by means of a demonstration of the construction engineering planning licence (or a licence notice) approval authority, approval No., approval of the content.

Article 2 examines buildings, constructions or other facilities that have not been granted a licence for construction of engineering planning or that are not constructed in accordance with the provisions of the construction engineering planning licence, by the urban administration law enforcement authorities in accordance with the provisions of the People's Republic of China Rural and Rural Planning Act and the relevant laws, regulations and regulations.

Chapter VI Business management

Article 23 prohibits unwarranted traders who operate outside the premises (other than the store) in accordance with article 370 of the Act No. 370 of the Act No. 370 of the Department of State, forfeiture proceeds of the offence and fines of €0.

Environmental protection management

Article 24 uses a high-speaker in business operations or other means of issuing a high noise to the customer for immediate change and a fine of 1000.

Article 25 causes smoking contamination in areas of population concentration, such as smoking and drying, and is responsible for the cessation of the offence; in the case of serious circumstances, it can be fined by €200.

Article 26 burns altogether, oil crusts, rubber, plastics, leathers in areas where the population is concentrated, and imposes a fine of up to $3000.

Article 27 engages in cements in restaurants, polluts the residential environment of the nearest population, which, in accordance with the provisions of the Indian People's Republic of China's Act on Atmospheric Pollution Control, can be converted to a period of up to $50 million; in serious circumstances, rejects the correctness and imposes a fine of up to 00 million dollars.

Removals and hidings are carried out for the burning of suffs, such as large-scale loads, resulting in contamination of the residential environment of the near-residents, which can be converted to fines of up to 100 million dollars; in the event of severe refusal, with a fine of up to $100,000.

Article 28, without the approval of the environmental protection sector, resulted in environmental noise pollution construction operations at night, which could be converted to fines of up to 300,000 dollars, and refused to correct or otherwise have serious circumstances, with a fine of over $300,000.

Article 29 imposes on new places of operation of cultural recreation should be in compliance with the State-mandated environmental noise standards.

In operating cultural recreation sites, their operators should take effective measures to make their border noise less than the national standard of environmental noise emissions.

In violation of paragraph 2 of this article, an environmental noise is subject to correction, which can be accompanied by a fine of more than 5,000 dollars; a refusal to correct or otherwise have serious circumstances; and a fine of up to $300,000.

Article 33 uses equipment, facilities that may cause environmental noise contamination in business operations, such as refrigeration, etc., and their operators should take measures to make their border noise less than the environmental noise standards set by States. In violation of the provisions, an environmental noise is subject to a fine of up to 5,000 yen, which may be fined by more than 5,000 yen; refusal to change or other serious circumstances; and a fine of up to €50 million.

In cases where the urban management law sector in the region is concerned with the noise contamination offences covered by articles 28 to 31 of this approach, the environmental protection sector should provide technical support for noise pollution.

Other provisions of Chapter VIII

Article 32 found violations by the urban administration law enforcement authorities and should be responsible for their immediate alteration or relocation of deadlines; the denial of an offence may deduct, by law, the tools and goods used in the commission of an offence.

Article XIII must be registered by urban management law enforcement officials with respect to the rescinded property, the list of which shall be signed by the parties; the licensor shall be kept in good custody and, in a timely manner, the competent organ concerned shall be treated in accordance with the law; and the damages shall be compensated by law.

Article XXX does not impose administrative penalties for the same violation by the parties.

Article XV of the law enforcement authorities in urban management investigates violations and requires technical recognition and shall be communicated to the relevant statutory accreditation bodies, which shall be synonymous with the relevant administration and statutory accreditation bodies.

Article XVI governs the execution of official duties by urban law enforcement officials, which should be called for by law enforcement symbols, the presentation of law enforcement documents and the strict application of administrative sanctions in accordance with the procedures set out in the National People's Republic of China Administrative Punishment Act. Of these, cases where administrative penalties are applicable in the general process should be determined within 15 working days of the date of the discovery of the offence; the merits and the complexity of the case, with the approval of the main heads of the urban administration law enforcement authorities, which may extend an appropriate period of time, up to 30 working days.

Article 37 provides that the urban administration law enforcement authorities should impose a system that separates the imposition of fines. In addition to the fines that may be collected by law, the departments that make administrative sanctions decisions and their law enforcement officials shall not collect their own fines. In the case of a fine collected at the time, the urban administration law enforcement authorities should pay their treasury in a timely and full manner without interfering, consular and private subordination.

Article 338 of the urban administration enforcement authorities has the right to remedy administrative penalties that are in conflict with or inappropriate in the urban administration.

The municipal urban administration law enforcement authorities have jurisdiction over district urban management law enforcement authorities and, if necessary, can be directly checked.

Article 39 Decisions of administrative penalties imposed by citizens, legal persons and other organizations against the urban administration law enforcement authorities may be applied by law for administrative review or administrative proceedings before the People's Court.

Article 40 rejects and impedes the enforcement of public services by urban administration officers, which is sanctioned by public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and is suspected of committing crimes to be brought to justice by law. Article 40 establishes a telephone to report to the urban administration authorities and to make it public.

Citizens, legal persons and other organizations have the right to report to urban administration law enforcement authorities or their superior authorities on violations committed by urban law enforcement officials in law enforcement.

Article 42 states that the urban administration of law enforcement and law enforcement officials shall carry out their duties in accordance with the law. Violations of law enforcement are held in accordance with the provisions of the Regulations on Law Enforcement Responsibility in the city of Vilhan, where management functions should not be performed in a timely manner, or abuse of authority, negligence, in favour of private fraud in the enforcement process.

Chapter IX

Article 43

Article 44 provides for administrative penalties, laws, regulations, amendments or new provisions, in accordance with the provisions of this approach.

Article 42