Administrative Measures On Outdoor Advertising And A Plaque Set In Baotou City

Original Language Title: 包头市城市户外广告和牌匾设置管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399452.shtml

Administrative measures on outdoor advertising and a plaque set in baotou city

    (September 28, 2013 Executive meeting of the municipal people's Government, the 7th through October 15, 2013, baotou city people's Government, the 117th issue come into force December 1, 2013) Chapter I General provisions

    First in order to strengthen the management of urban outdoor advertising and a plaque set, creating a clean environment, according to the State Department the management of city appearance and environmental sanitation regulations, the baotou city appearance and environmental sanitation regulations and other laws and regulations, based on actual city, these measures are formulated.

    Article at present, Kun district, Peak District, donghe district, Jiuyuan district (hereinafter referred to as the city four areas) and rare earth development zone within the outdoor advertising and a plaque is set and the associated management activities shall abide by these measures.

Third outdoor advertisements in these measures refers to publish commercial, advertising content for the purpose of public welfare, public, private buildings (structures), buildings, vehicles and other facilities outside space or outdoor advertising venues, facilities and other settings, including the following:

(A) the use of outdoor venues, roads, bridges and light poles, tunnels, underpasses and other municipal facilities and construction (structure) setting boards, electronic display devices, light fittings, neon, mock-ups, spray painting, acts of public billboards and other ads facilities;

(B) the building (structure) 18 meters above the floor, or on the top of the façade sets the display board, neon lights, depicts a three-dimensional characters, logo advertising actions;

(C) the use of the airport, bus station, train station, train station, Metro station, bus shelters and other stations and newspaper kiosks road settings such as brand-name, telephone booths, display board, electronic display devices, spray paint and other ads facilities;

(D) use of transport, floats on the water, was launched, inflatable activities such as drawing, display of, and advertising;

(E) use of fence or wall drawing, advertising the site;

(Vi) other.

    Plaque set in these measures refers to enterprises, institutions and other organizations and individual industrial and commercial households, use of owned or leased buildings (structures) buildings and other facilities set by the registration of the company name, size, and identify the behavior.

Fourth outdoor advertising and a plaque set follow the same planning, zoning controls, layout, specification setting principle.

    Set right and the right to use the facilities of the outdoor advertising, through tenders, auctions, such as an agreement to sell the market achieved.

Fifth of municipal urban Administration Department is responsible for the city four areas and outdoor advertising and a plaque set in the context of the rare earth development zones management.

Administrative departments in charge of urban and rural planning outdoor advertising and a plaque set the planning, preparation and planning, implementation and management of the organization.

And rare earth development zone city, four District Administration Department (hereinafter referred to as urban Administration Department) in accordance with the functions and powers, be responsible for the area of plaque, temporary advertising settings management, business accepted on city management and administrative law enforcement supervision.

    Development and reform, public security, finance, construction, transportation, industrial and commercial sectors in accordance with their respective functions and powers, outdoor advertising and a plaque set of related management.

    Chapter planning

Sixth of municipal urban planning administrative departments should be formulated in conjunction with the Municipal Administration Department of the city of outdoor advertising and a plaque set special plans, submitted to the municipal people's Government for approval.

Development of outdoor advertising and a plaque set special plans shall be subject to the advice of public security, finance, construction, transportation, Commerce and other related departments, and take the form of hearings, feasibility study meeting, seminars and other experts, industry associations and the public opinion.

    Outdoor advertising and a plaque set up special plans approved by the municipal people's Government announced, without authorization, no unit or individual is allowed to adjust special circumstances really necessary adjustments, should be set according to the original planning approval procedures.

    Article seventh outdoor advertising and a plaque set up special plans should be consistent with the overall urban planning and urban appearance standards requirements, and special plans dovetail with the trade concerned.

    Article eighth of outdoor advertising and a plaque set up special plans approved after the announcement, the city urban planning administrative departments should be open on its Government website, free for public inspection.

Nineth outdoor advertising and a plaque set special plans include the following:

(A) outdoor advertising and a plaque set principles, types, and common technical standards;

(B) the total amount of outdoor advertising, zoning, an important node and feature control requirements;

(C) determine the allow or prohibit installation of outdoor advertising sections, regional and planning guidelines;

    (D) the implementation of the overall management of the planning requirements.

Article tenth of the following circumstances, may not set up outdoor advertising:

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

(B) the effects of municipal public utilities, traffic safety facilities, traffic sign used or to hinder the security of stadia and vehicles and pedestrians;

(C) the use of street trees or occupy green space, to the detriment of landscape;

(D) the State organs, cultural relics protection units, excellent modern architecture and scenic spot construction control areas;

(E) using various types of office buildings, apartment Windows settings;

    (F) the production or other residents, damage the appearance of the city the appearance or the building (structure) style.

    Chapter settings for outdoor advertising

    11th outdoor advertising and outdoor advertising articles shall comply with the plaques set special plans, prohibit outdoor advertising of any units and individuals in violation of planning. 12th in public spaces, municipal utilities and other outdoor advertising on public resources, units authorized by the Government in accordance with the outdoor advertising and a plaque sets special planning, unified construction of outdoor advertising facilities, completed, and organization of the use of outdoor advertising facilities bidding and auction.

    Advertisers bid, bid made use of outdoor advertising facilities.

13th uses its own venues, facilities, buildings (structures) of outdoor advertising structures, ownership units or units hold the proposed outdoor advertising design diagrams and renderings to the Municipal Administration Department for the city outdoors advertisement installation agreement granting procedures. For outdoor advertising and compliant Board sets special planning, city management administrative law enforcement departments and sets signed the assignment of the right of baotou city outdoors advertisement installation agreement, set up in accordance with the agreement a one-time payment of the selling price.

Does not meet the set plan, to return, and to state the reason in writing.

    Outdoor advertising standards of the agreement to sell the right to set the price by City law enforcement departments for management of municipal finance, prices, monitoring and other relevant departments, with proceeds paid in full financial.

Article 14th through bid invitation, auction and assignment of the agreement to sell rights to use of outdoor advertising facilities and outdoor advertisements, a period not to exceed 5 years.

    Use of outdoor advertising facilities and settings right, without consent of the municipal administration sector, it may not transfer.

15th of outdoor advertising facilities in accordance with a specific plan of construction, specifications, forms, and in accordance with the construction standards and the safety standards.

Outdoor advertising facilities are designed by the design unit with the relevant design qualification, building construction, steel structure engineering professional qualification, by design and construction standard requirements.

    After completion of the outdoor advertising facilities, outdoor advertisements set-up in organization design, construction, supervision, testing and other institutions in accordance with the relevant national standards, technical specifications for engineering quality acceptance, acceptance before they can put to use.

    Article 16th unless these measures provide for bidding, auction and assignment of the agreement made in the form of outdoor advertising facilities use, outdoor advertising is set right (except for temporary advertising), no unit or individual is allowed to set outdoor advertising.

    17th the use of outdoor advertising facilities obtained through bidding, auction income and transfer income from ads is set right by agreement, funds used in public spaces, municipal utilities on outdoor commercial and public service advertising facility construction, management, operation, and maintenance of outdoor advertising set construction, management of information systems outdoor advertising management inspection, enforcement and other cities.

    18th through bidding, auction, an agreement to sell transfer rights to tenure and outdoors advertisement installation of outdoor advertising facilities, municipal administration Department will sign contracts and agreements within the seven working days inform the Administrative Department for industry and commerce. 19th in accordance with this regulation through bidding, auction, an agreement to sell access to outdoor advertising is set right, the right to use the facilities, to be registered with the industrial and commercial administrative departments to apply for outdoor advertising.

    Outdoor advertising registration deadline approved by the Administrative Department for industry and commerce shall be in the contract, the term of the agreement.

20th major cultural, tourist, sporting, charity or trade fairs, trade shows and other temporary outdoor advertising needs, the applicant shall, in accordance with the baotou city appearance and environment sanitation management provisions of the Ordinance apply to the urban Administration Department in advance and provide temporary outdoor advertising arrangement plan and color renderings, approval can be set.

    Temporary outdoor advertisements in General, the term provided for in the preceding paragraph not later than 3rd, and can extend as needed in case of big events, but not longer than 10th in 1st after the expiration you will have to dismantle, and restitution.

21st of municipal urban Administration Department in the City entrance, important roads, set up long-term public service advertising facilities such as airports, train stations, public service advertising facility may not publish commercial ads.

    Outdoor advertisement facilities idle for more than the 30th, shall issue public service announcements.

    22nd due to urban planning, public infrastructure and other public interest demands removal of outdoor advertising facilities, the construction unit shall be subject to compensation.

    Fourth chapter board settings

23rd District Administration Department in accordance with outdoor advertising sets special planning and plaque, plaque set in the preparation of the area detailed planning, urban secondary trunk road, plaque set in key areas, key areas of location, dimensions, materials, styles, colors, and other content, implementation after approval by the city administration of departments.
Administrative law enforcement departments should be prepared by the city administration plaque set in the detailed planning by Government websites and other forms of publicity and to set conditions for facilitating the inspection.

    Article 24th set plaque enterprises or individual shall have the following materials to the city administration departments for the record:

(A) the Organization code certificate or business license;

(B) the Tablet design drawings and effect drawings, location map;

(C) upon ethnic Affairs Department, name of the Mongolian translation of the plaque sample;

    (D) set the plaque site proves.

25th District Administration Department in accordance with the People's Republic of China cities face standards and record plaque of plaques set in the detailed planning on locations, sizes, materials, styles, colors, and content for confirmation.

    To meet the requirements, be filed within the 3 working days; does not meet the requirements put forward rectification opinions in writing together with the reasons, the corrective action to meet the requirements of, be filed.

Article 26th plaque shall record the location, dimensions, materials, styles, colors and other settings, and may not be changed.

    Plaque should show only the name, the name and logo, content shall not contain any commercial advertising, and business license, certificate of trademark registration or approved name and logo are in agreement.

27th prohibits or places set up a plaque in the following places:

(A) the party and government organizations, military agencies, schools, cultural relic protection unit of the building (structure) buildings at the top;

(B) sloping roofs or with special architectural style of buildings (structures) buildings at the top;

(C) the 18 meters above the building (structure) on top;

(Iv) buildings or settings may endanger the safety of buildings;

(E) out of the units owned or leased outside sites;

    (Vi) residents of ventilation, lighting.

    The fifth chapter maintenance and management

28th, outdoor advertising and a plaque settings is outdoor advertising and plaque-persons responsible for facility maintenance and management, outdoor advertising and a plaque on a regular basis should be safety testing and inspection facilities, there are safety risks should take timely measures to exclude.

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

    Article 29th of outdoor advertising facilities and plaque pictures defaced, serious effects such as fade, incomplete font appearance city appearance, set shall timely maintenance and update configuration of lighting facilities, lighting facilities should be maintained in good condition; set of neon lights, electronic display devices, light box and other facilities are broken, damaged, should be timely maintenance and replacement.

    30th article city city management administrative law enforcement sector should gradually established city unified of outdoor advertising set archives information management system, perfect outdoor advertising set planning, and construction and security management, and advertising set information management, and advertising points bit resources management, and violations advertising set law enforcement management, data repository, achieved outdoor advertising archives of digital, and scientific management, and and business, related sector achieved information shared, and accept social supervision.

    31st of municipal urban Administration Department for outdoor advertising and a plaque business units to set up outdoor advertising operators and plaque credit file will set the entry in the credit file.

    32nd city administration departments shall, in accordance with the provisions of the administration of regulation in baotou city step up inspections for failure to perform the corresponding procedure, unauthorized installation of outdoor advertising and a plaque found in a timely manner and according to law.

    33rd city in administrative law enforcement inspection found that outdoor advertising facilities are unsafe or law enforcement, ordered to install outdoor advertising people to take effective measures to exclude hidden within. 34th city administrative law enforcement departments shall establish reporting, complaints management system, on matters that fall within its sphere of responsibility, from the date of receiving the report or complaint within 5th verification, processing, feedback on matters not falling within the scope of its responsibilities, and transferred to the relevant departments in a timely manner.

    Receive reports or complaints of departments and their staff, for whistle-blowers, complainants should be kept confidential.

    The sixth chapter legal liability

    35th article violates this article 11th, 16th, 20th, 26th, outdoor advertising does not perform the appropriate procedure prescribed in article and a plaque from urban Administration Department in accordance with the baotou city appearance and environmental sanitation regulations for punishment.

36th disobey article 21st in public service advertising facility release commercial advertising, rectification by the City Administration Department; it fails, ordered dismantled by the city administration sector with more than 10000 20000 RMB fine.

    Outdoor advertisement facilities idled more than 30th unpublished public service ads, a rectification; fails to mend, of 3000 Yuan fine.

    37th article violates these measures provided for in article 28th of outdoor advertising and a plaque for security breaches, set within the deadline, take action to clear security risks, rectification by the city administration departments; fails, ordered dismantled by the city administration sector with more than 3000 5000 Yuan fine.

    Article 38th disobey article 29th of outdoor advertising facilities and plaque pictures defaced, severe discoloration, fonts damaged or broken light damage, which affect appearance city appearance by municipal administration Department in accordance with the baotou city appearance and environmental sanitation regulations for punishment.

    39th article of the rules shall be ordered to dismantle, set late is not removed, administrative law enforcement departments torn by the city administration, dismantling costs borne by the responsible person.

    40th party refuses to accept the decision on administrative penalty, may apply for administrative reconsideration or bring an administrative action if no application for reconsideration or sue, nor performs the decision on punishment, the Department made the decision on administrative penalty apply to a people's Court for compulsory execution.

    41st refuse, obstruct the city administration administrative law enforcement departments in performing their duties according to law, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalty case constitutes a crime, the judicial organ shall investigate its criminal responsibility.

    42nd city administration staff abuse, malpractice, negligence, by their work units or the competent authority shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    43rd article shiguai district, Baiyunkuang District, tuyou, Damao Banner, outdoor advertising and a plaque, Guyang County settings management, in accordance with the measures implemented.

44th Street, community settings, such as the Bulletin Board by the city administration in the area of administrative law enforcement integrated management.

    Shops along the street door sets a one-color LED display, light Tablet settings management. 45th article of the way before the access to public places, public utilities and other public resources built and in outdoor advertising and outdoor advertising Board sets special planning facilities, approval limit is reached, commissioned by the Government authorized the redemption of units of its outdoor advertising facilities, through the method of public bidding and auction to sell the use of outdoor advertising facilities.

Does not meet the set planned demolition in accordance with law.

    The approach before the use of its own sites or facilities, building (structure) built and in outdoor advertising and Board sets special planning of outdoor advertising facilities approval limit is reached, set in accordance with article 13th of this approach the transfer formalities, does not meet the set planned demolition in accordance with law. 46th these measures shall come into force on December 1, 2013. December 2000 published by the Municipal Government of interim measures for the administration of baotou city outdoors advertisement installation repealed simultaneously.