Guangzhou Outdoor Advertising And Signs Set Up Administrative Procedures (Revised)

Original Language Title: 广州市户外广告和招牌设置管理办法(修订)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399514.shtml

Guangzhou outdoor advertising and signs set up administrative procedures (revised)

    (December 30, 2013 at the 14th session of the people's Government of Guangdong Province 97 Executive Board meeting March 8, 2014, published May 1, 2014) Chapter I General provisions

    To strengthen the management of outdoor advertising and signs set in article, creating a clean, beautiful environment, in accordance with the People's Republic of China advertisement law, the State Council of the city appearance and environmental sanitation regulations and other laws and regulations of the, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city of outdoor advertising and signs set and management activities for these measures.

    Within the administrative area of the city of outdoor advertising and signs issued registration, examination, supervision and management in accordance with the People's Republic of China advertisement law and regulations of the relevant rules and regulations.

Third outdoor advertisements in these measures refers to publish commercial or advertising content for the purpose of public welfare, use of outdoor venues, building (structure) to build settings such as advertising, including:

(A) the use of outdoor venues, roads, tunnels and other public facilities, or buildings (structures), setting boards, neon signs, illuminated fonts, electronic displays, public billboards, electronic-device (including billboards, enlightenment, warning bar, bulletin boards, posters, etc), mock-ups and other facilities;

(B) bus station, bus shelters, kiosks, telephone booths and other public facilities set up boards, light boxes, Windows and other ads facilities or use the site draws the walls, advertising actions;

(C) to cloth painting, balloons, inflatable devices, such as other forms of outdoor advertising facilities.

    Sign set in these measures refers to State organs, organizations, enterprises, institutions and other organizations and individual businesses operating, Office, set to indicate that the unit name, size, logo signs, light boxes, neon signs, symbols. Fourth, administrative departments of the city administration is the outdoor advertisements and signboards set up competent authorities, responsible for the supervision and management of outdoor advertising and signs set and comprehensive coordination, organize the implementation of these measures.

District and county administrative departments of the city administration in accordance with the terms of reference of the Division is responsible for the supervision and management of outdoor advertising and signs set within the jurisdiction.

Industrial and commercial administration departments to carry out the advertising supervision and administration authorities statutory duties, is responsible for the contents of outdoor advertisements published reviews and supervision and management, and supervise and sign.

    Comprehensive urban management enforcement agencies responsible for investigating violations of these measures set up outdoor advertising and signs.

    Article fifth administrative departments of the city administration and the Administration for industry and commerce, comprehensive urban management enforcement authorities such as outdoor advertising and signs the Administrative Department shall follow the principle of resource integration, information sharing, business collaboration, network technology step by step online exercise of administrative examination and approval, regulatory and other administrative functions for outdoor advertising and signs, and electronic information retrieval system to facilitate public enquiries and supervisory approval, law enforcement.

The sixth installation of outdoor advertising and signs shall conform to the standards of urban planning and city requirements commensurate with the function of urban planning and building (structure) harmony style of buildings and the surrounding environment.

Outdoor advertising facilities shall be firm and signboards, safety, without affecting the building (structure), function of the building itself and the adjacent building (structure) of ventilation, lighting, do not obstruct traffic and fire safety. Outdoor advertising and signage facilities shall comply with energy-saving and environmental protection requirements.

    Promote outdoor advertising and signage facilities to adopt new technologies, new materials and new technologies.

    Chapter II planning and specification

Article seventh including outdoor advertising outdoor advertising planning planning and outdoor advertising arrangement plan. Outdoor advertisement planning by city Administrative Department of the city administration in collaboration with the municipal administration of urban and Rural Planning Department prepared and submitted to the municipal people's Government promulgated after approval.

Outdoor advertisement planning should emphasize Center City in the city's image, create a city atmosphere and beautify the urban landscape, reflect the needs of outdoor public service advertisements, determine the city's outdoor advertising optimization, and strictly control the area and banned located district layout as well as classification of control charts. Outdoor advertising arrangement plan by the city and county administrative departments of the city administration under the outdoor advertising planning and urban appearance standards organization, reported to city and County Municipal People's Government for approval promulgation and implementation.

Outdoor advertising arrangement plan should be clear of outdoor advertising facilities siting, location, form, size and other specific requirements.

    Approved by city and County Municipal People's Government announced the implementation of outdoor advertising planning, should not be changed; really necessary adjustments should be in accordance with the original examination and approval procedures for approval of the city and County Municipal People's Government.

    Article eighth of outdoor advertising and signs set technical specifications by the competent departments for city management administration organizations in the development of urban and rural planning, submitted to the municipal people's Government promulgated after approval.

Nineth prepared outdoor commercial planning, development of outdoor advertising and signs set technical specifications, shall also solicit construction, environmental protection, public security, industry and commerce, quality supervision, safety, traffic, weather and other relevant departments, and take the form of hearings, feasibility study meeting, seminars and other experts, industry associations and the public opinion. Urban management should be established by the competent administrative Department of the city landscape, planning, management, graphic design, structural safety and outdoor advertising and other experts in the field of urban landscape planning experts and the public Advisory Committee and submitted to the municipal people's Government of the validation.

    Experts and the public Advisory Committee for the urban landscape planning advertising planning, outdoor advertising and signs set technical specifications provided technical advice for the preparation and the outdoor advertising arrangement plan amendment and advise on large-scale temporary outdoor advertising arrangement plan.

Tenth under any of the following circumstances shall set up outdoor advertising and signs:

(A) in State organs, schools, residences, places of scenic spots, cultural relic protection unit, Memorial building, representative of modern architecture, established by the people's Government, or landmark building within the control zone (signs);

(B) use of urban bridges and overpasses;

(C) the use of the roof of a building;

(Iv) endangers safety or use of dangerous, illegal construction of buildings;

(E) the use of traffic safety facilities, traffic signs;

(F) the effects of municipal public utilities, traffic safety facilities, traffic sign used;

(G) extend above roads or roads;

(VIII) impeding the use of barrier-free facilities;

(IX) use of street trees or seizing, damaging the Green;

(J) interfere with normal life, damage the city appearance or image of the buildings;

    (11) other circumstances as stipulated by laws, rules and regulations.

11th outdoor advertising ban identified special planning districts and strictly controlling the district set the building away from the glass must not be used in outdoor advertising and signs.

    Planning outdoor advertising determined optimal area of commercial buildings can use storefront glass installation of outdoor advertisements and signboards, but does not affect the function of the ventilation and lighting of buildings.

12th to LED (light emitting diode) of outdoor electronic display boards set the outdoor advertising and signs shall comply with the following requirements:

(A) prohibit outdoor advertising ban identified special planning districts and rein in regional settings (except for public information display panels);

(B) set at the walls of the building, which must not exceed 35 meters along the ground; podium walls in high-rise building set, shall not exceed the main "wall" (the roof perimeter low walls) along;

(C) prohibited in road and vehicle direction sets the direction of vertical perspective;

    (D) between 22:30 to 7:30 the prohibition of opening.

    13th article prohibited the use of facilities for the publication of advertisements or disguised advertising signboards.

    Chapter search and examination and approval

14th planning outdoor advertising, outdoor advertising and signs set technical specifications outdoor advertising, approval, and sign regulatory basis.

City and county administrative departments of the city administration should be public outdoor advertisement planning technical specification set, outdoor advertising and signs, outdoor advertising, as well as illegal information, and the establishment of electronic information retrieval systems, convenient set of people, interested parties, public inquiries and oversight. Before you set up in the installation of outdoor advertisements and signboards, can make enquiries with the competent administrative Department of the city administration of planning conditions and design requirements.

    Administrative departments of the city administration should provide query service. The 15th set and release shall apply to the competent administrative Department of the city administration of outdoor advertisements of certification for outdoor advertisements, and apply to industrial and commercial administration departments of the outdoor advertising registration certificate.

Without the certificate of outdoor advertisements, no unit or individual is allowed to set outdoor advertising, not be issued by the Administrative Department for industry and Commerce of the outdoor advertising registration certificate. Use the site walls, uncompleted sets of public service ads are exempted from certification for outdoor advertisements, it should be strictly in accordance with the technical specifications set. Use of commercial advertising site walls shall apply for the certificate of outdoor advertisements.

    Commercial outdoor advertising by uncompleted, assignment of the right to use its position should be open, and should apply for the certificate of outdoor advertisements.

16th section should be in strict accordance with the sign set specification set.

Sign content is larger than the unit name, size, logo, with commercial content, or set up this unit is not operating, Office of, as outdoor advertising, setting should apply for the certificate of outdoor advertisements.

    Sign changing facilities to the facilities, shall apply for the certificate of outdoors advertisement installation, unauthorised tampering or changes in advance.

Section 17th for installation of outdoor advertising, to city and county administrative departments of the city administration should submit the following documents:

(A) the application form for outdoor advertisements;

(B) the business license or other documents to prove qualification valid;

(C) the panoramic computer designs of outdoor advertising facilities;

(Iv) installation of outdoor advertising facilities, building (structures), proof of ownership or the right of facilities;

(E) evidence of sufficient and suitable safety measures of outdoor advertising facilities;

    (Vi) other material provided by the laws, rules and regulations.

18th city and county administrative departments of the city administration of outdoor advertisements should be to review the application materials submitted by the applicant. Application materials are not aligned or not in compliance with the statutory form, the administrative departments of the city administration should immediately or within 5 working days once inform all applicants need to correct material. Correction is not made within 10 working days of the applicant is deemed withdrawn.

Outdoor advertising is still required, you should reapply. Application materials are complete and issued by the competent administrative Department of the city administration should accept the notice, from the date of receipt 15 working days to make a decision on whether to approve it.

    To meet the set requirements, issuing the certificate of outdoor advertisements, and approval information is logged in outdoor advertising in electronic information retrieval systems, be publicized; do not meet the set requirements, shall not be approved, and to state the reason in writing.

    19th, the outdoor advertising settings settings for certificate approval period should not be longer than 3 years from the date of approval, electronic display (screen) kind of outdoor advertising may be appropriately extended, but shall not exceed 6 years. 20th article set across district and for held fair, and lights section, municipal government organization of large activities needed set temporary outdoor advertising facilities, applicants should ahead of 10 a days to city city management administrative competent sector proposed application; the district, and county administrative within for held culture, and tourism, and sports, and public, and Festival celebration activities or commodity fair, and fairs, need set temporary outdoor advertising facilities of, applicants should ahead of 10 a days to where district, and County of city management administrative competent sector proposed application

And the following materials:

(A) the application form for temporary outdoor advertising arrangement;

(B) the business license or other documents to prove qualification valid;

(C) temporary outdoor advertising forms, written description of the scope and duration;

    (D) other material prescribed by laws, rules and regulations.

21st urban management Administrative Department shall, after receipt of the application for a temporary outdoor advertisements set-up in 5 working days to make a decision on whether to approve, to meet the set requirements, issuing outdoors advertisement installation certificate (interim), and approval information is logged in outdoor advertising in electronic information retrieval systems, be publicized; do not meet the set requirements, shall not be approved, and to state the reason in writing.

    The outdoor advertising arrangement permits (temporary) set a deadline from the date of approval of the ratification of the most should not be longer than 3 months.

22nd management issued by the Administrative Department of the city outdoors advertisement installation permit or the outdoor advertising arrangement permits (temporary) after, shall, within 7 working days a copy of administrative departments for industry and commerce.

Obtained the certificate or outdoor advertising outdoor advertising setting permits (temporary) the applicant shall, before publication, the outdoor advertising arrangement permit holders or the outdoor advertising arrangement permits (temporary) and other relevant materials to the industrial and commercial administrative departments to apply the outdoor advertising registration certificate.

Approved release of the outdoor advertising registration period should be in the outdoor advertising arrangement permits or the outdoor advertising arrangement permits (temporary) approval within the time limit set.

    Issued by the administration of industry and Commerce after the outdoor advertising registration certificates, shall, within 7 working days a copy of administrative departments of the city administration.

23rd no unit and individual shall forge, alter, lease, lend, sell or in any other form of illegal transfer of the outdoor advertising arrangement permits and the outdoor advertising arrangement permits (temporary).

    Setting name changed by law, shall be approved the name change within 30th of outdoors advertisement installation certificate original examination and approval organ for change procedures. 24th public buildings (structures) of outdoor advertising, public facilities, public spaces, through bidding, auction and listing outdoor advertising or other unfair competition made use.

City management Administrative Department shall, in conjunction with the financial administration, involved in bus stations, shelters, and shall, together with the traffic Administrative Department, develop specific implementation plan and implementation.

Outdoor advertising location assignment of the right to income of non-tax revenue for the Government, arranged by the Government and used mainly used for urban infrastructure, urban management, social advertising, and so on.

State-owned enterprises, State-owned enterprises or institutions all the building (structure) of outdoor advertising structures with reference to execution in the first paragraph of this article.

    Outdoor advertising arrangement of people with serious violations of these measures, since the competent administrative Department of the city administration publicity within 1 year from the date of the offence according to law shall not participate in the city's outdoor advertising locations use public transfer of activities.

    The fourth chapter setting up and maintaining

25th outdoor advertising articles shall comply with the following requirements:

(A) strictly in accordance with the approved site, specific location, form, specifications, quantity, production materials, lighting configurations, map, panoramic computer design requirements set shall not be changed without authorization; alteration, shall, in accordance with the procedure sets the procedure;

(B) the design shall comply with the national building (structures) load, lightning, wind, seismic, fire and electrical safety requirements, in line with the set norms; use of electronic display device, we should control its brightness to avoid light pollution to the surrounding environment;

(C) the technical specifications and construction should strictly enforce the relevant safety standards, construction and infrastructure firm;

(D) the facility indicated on the file number of the outdoor advertisements set-up card approval identification marking;

(E) within 60 days from the date of approval settings (outdoor LED electronic displays within 90 days from the date of approval settings) set up; fails to set up, its outdoor advertisements set-up card cease;

    (F) the set after the page empty (does not include published notices) shall not exceed 20th.

Sets article 26th signs in addition to complying with article 25th of this approach (b), (c) the provisions, shall comply with the following requirements:

(A) the content is limited to the name of the entity, the name and the logo shall not contain product or service information;

(B) the location is limited to Office or place of business of the entity;

(C) multiple units sharing a place or a building with multiple units, should start with the place or building owners or managers a comprehensive planning, design, production

    (D) the volume size, specification and is attached to the buildings in appropriate proportions, and sign height, form, shape, size, color and harmony. 27th, outdoor advertising and signs settings are outdoor advertising and signs, facilities maintenance, management of people, outdoor advertising and signs would be regularly safety testing and inspection facilities, outdoor advertising and signage facilities found unsafe, should take preventive measures in time, immediate repairs or demolition. Unusual weather such as typhoons, rainstorms, appropriate safety precautions should be taken.

Which, set expires 2 years of, set people should in annual June 1 Qian, according to outdoor advertising and signs set specification for security detection, for has steel tablets of outdoor advertising facilities, set people should to outdoor advertising set card approval organ provides has structure security qualification of detection institutions issued of outdoor advertising facilities structure security detection report; by detection not qualified of, set people should immediately renovation or demolition. Outdoor advertising and signage facilities to design life, sets should be updated.

Outdoor advertising and signage facilities during the period of construction, repair, update, or remove, security measures should be taken and visible warning signs at the scene.

    City, district and county administrative departments of the city administration should strengthen safety supervision and inspection of outdoor advertising, outdoor advertising and signage facilities found unsafe, shall order the set of people within a renovated or demolished. 28th set outdoor advertising and signs people daily maintenance management should be strengthened to ensure tidy and in good condition, beautiful outdoor advertising and signs.

Outdoor advertising and signs appeared picture defaced, and serious faded, and font incomplete, effect city city looks case of, should timely maintenance, and update; configuration night lighting facilities of, should keep lighting facilities function intact; set neon, and electronic displayed device, and lightbox, facilities of, should keep picture displayed full; appeared broken bright, and damaged of, should timely maintenance, and replaced, and in repair Qian stop using.

    City management integrated law enforcement organ should strengthening on outdoor advertising and signs facilities of inspections regulatory, found outdoor advertising and signs appeared picture defaced, and displayed not full, and serious faded, and font incomplete, effect city city looks case of, should ordered set people timely maintenance, and update; neon, and electronic displayed device, and lightbox, appeared broken bright, and damaged of, ordered set people in repair Qian stop using.

Article 29th approve installation of outdoor advertising facilities, apart from the Administrative Department of the city administration in a manner prescribed by law changes, no other units or individuals may occupy or removed, covered or damaged.

In approving the use of outdoor advertising facilities within the period due to urban planning, construction and management of public interest reasons, such as absolutely necessary to dismantle and administrative departments of the city administration should dismantle 15th prior written notice setting people and direct economic losses due to demolition, it shall be compensated.

    Remove extended installation of outdoor advertising facilities shall not be compensated. Article 30th outdoors advertisement installation settings for the certificate expires, the need to continue setting, setting shall in the 30th to the original examination and approval organ for the time extension, the approval authority shall make a decision on whether to approve the extension before the expiry; fails to make a decision, considered to approve the extension.

Not to set or apply for an extension after the expiration was not approved, set shall from the date of expiry of the outdoor advertisements in the 7th to remove.

    Temporary outdoor advertising shall not apply for an extension, set shall, from the date of expiry of the period set in the 2nd removal.

    31st signs set one relocation, modification, closure of business, dissolution or cancelled shall move, change, business, dissolution or before the removal of the original set of signs.

    The fifth chapter legal liability

32nd article violation this approach 13th article provides, using signs facilities released advertising or disguised released advertising of, violation this approach 15th article first paragraph, and 16th article second paragraph, and third paragraph provides, without approved unauthorized set outdoor advertising of, by city management integrated law enforcement organ ordered its stop violations, deadline cleanup, and demolition or take other remedy measures; late not cleanup, and demolition or take other remedy measures of, be forced cleanup or demolition. Set or sets missing could not be determined, comprehensive urban management enforcement agencies can be set through the announcements urging people to correct violations.

    Fails to correct the violation, the comprehensive urban management enforcement organs shall be torn down.

    Article 33rd disobey article 15th and 16th article, not according to the set standard set wall, uncompleted public service ads or signs, shall be ordered by the comprehensive urban management enforcement within a time limit, clean or dismantle; fails to mend, cleanup or demolition, forcing cleanup or demolition, and liable to a fine of less than 10,000 yuan and 20,000 yuan.

    34th violates the first paragraph of this article 23rd, forge, alter, lease, lend, resell or in any other form of illegal transfers of the outdoor advertisements set-up in card, consists of comprehensive urban management enforcement more than 10,000 yuan authorities imposed a fine of less than 20,000 yuan fine, and reported to the competent administrative Department of the city administration for cancellation of the certificate of outdoor advertisements.

    35th in violation of paragraph II of this article 23rd, setting fails to go through the procedures of alteration according to law, consists of comprehensive urban management enforcement fined not more than 5000 Yuan and 10,000 yuan authorities imposed a fine and ordered its deadline to the competent administrative Department of the city administration to handle change.

    36th article violation this approach 25th article subsection (a) items provides, outdoor advertising not according to approved of locations, and specific location, and form, and specifications, and number, and making material, and lighting configuration, and structure figure, and Panorama computer design figure, requirements set of, by city management integrated law enforcement organ ordered deadline corrected, and cleanup or demolition; late not corrected, and cleanup or demolition of, be forced cleanup or demolition, and can sentenced 10,000 yuan above 20,000 yuan following of fine.

    37th article violates this article approaches the 25th paragraph (d) provides that marked the installation of outdoor advertising facilities outdoors advertisement installation certificate number, consists of comprehensive urban management enforcement agencies a rectification, and punishable by more than 3000 to 5000 Yuan fine.

    Article 38th disobey article 27th, outdoor advertising and signage facilities are unsafe or steel structure which houses the structural safety of outdoor advertising facilities certified by a qualified testing agency detected as failed, ordered a renovation or demolition, set people fails to renovated or demolished, consists of comprehensive urban management enforcement authorities imposed a fine of more than 20,000 yuan to 50,000 yuan fine.

    39th article violation this approach 25th article subsection (six) items provides, outdoor advertising appeared layout vacant, violation this approach 27th article provides, outdoor advertising and signs appeared picture defaced, serious faded, font incomplete, neon, and electronic displayed device, and lightbox broken bright, and damaged, effect city city looks case of, by city management integrated law enforcement organ in accordance with Guangzhou City sanitation management provides 58th article subsection (six) items provides for punishment.

    40th article violation this approach 30 article provides, outdoor advertising set term expires Hou not on time demolition of; violation this approach 31st article provides, signs set people relocation, and change, and closed, and dissolved or was cancellation not on time demolition original set signs of, by city management integrated law enforcement organ ordered deadline demolition, late not demolition of, be forced demolition, and can sentenced 10,000 yuan above 20,000 yuan following of fine.

    41st outdoor advertisement facilities or sign collapses, falls cause bodily or property damage, setting shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

42nd city administrative authorities and of comprehensive urban management enforcement agencies have one of the following situations, in charge and other personnel directly responsible for, or a supervisory authority, in accordance with administrative privileges by appointment and removal shall be ordered to correct, in serious cases, penalties constitutes a crime, the judicial organs shall investigate the criminal liability:

(A) the application does not meet the statutory requirements to be approved or have exceeded the statutory authority of the approval decision;

(B) to comply with the statutory conditions apply for no approval or not approval decisions within the statutory time limit;

(C) in vetting and approving the acceptance, examination, decision process, without giving the applicant or interested party fulfilling their statutory duty of disclosure;

(D) failing to give reasons for their inadmissibility, deferred a decision whether or not to approve;

(E) failing to perform their supervisory duties;

(F) the solicitation or acceptance of other people's property, or seeking other interests;

    (G) neglect of duty or engages in.

    The sixth chapter supplementary articles

43rd line with the use of tethered Aerostat, unmanned free balloons, airships and other outdoor advertising, the applicant shall, in accordance with the balloon management practices and the general aviation regulations to the Meteorological Department, the air traffic control sector to apply for licensing procedures. Underground in urban rail transit facilities, the station waiting room, waiting room, set within the airport terminal of the port of advertising, advertising and the use of body, hull, applicants apply directly to the administrative departments for industry and Commerce handled of the outdoor advertising registration certificate.

    Among them, the advertising body, the applicant shall, in accordance with the road traffic safety law implementation regulations apply to traffic Police Department color change; advertising by hull, applicant shall apply for the maritime sector of ship inspection bodies for examination. The 44th article of the rules take effect on May 1, 2014.