Temporary Occupation Road, Nanning, Nanning Municipal People's Government On The Amendments To The Administrative Policy Decision

Original Language Title: 南宁市人民政府关于修改《南宁市临时占用道路管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384581.shtml

Temporary occupation road, Nanning, Nanning municipal people's Government on the amendments to the administrative policy decision (July 9, 2012, Nanning city, Government 13th session 19 times Executive Conference considered through September 29, 2012, Nanning city, Government makes 12th, announced since announced of day up purposes) for implement implementation People's Republic of China administrative forced method, maintenance legal unified, according to State on implement implementation straddling People's Republic of China administrative forced method of notification (country sent (2011) 25th,) spirit, by on I municipal government regulations for concentrated cleanup, City Government decided on

Management of temporary occupation road, Nanning city, to make the following modifications:

    15th article modified for: "violation this approach 12th article provides, by municipal administrative competent sector ordered its deadline corrected, and cleanup or repair; late not cleanup, and repair, by urged told still not cleanup, and repair of, its consequences has or will exists traffic security hidden of, by municipal administrative competent sector or its delegate of no interest relationship of third people on behalf of cleanup, and repair, costs by responsibility people bear, and can at 500 Yuan above 3000 Yuan following fine".

    This decision shall come into force as of the date of.

    The management of temporary occupation road, Nanning city, corresponding amendments shall be made according to this decision, republished. Appendix: administrative measures on temporary occupation road, Nanning city, 2012 (revised) (January 21, 2003, Nanning, Nanning Government released 12th of May 23, 2005 on amendments to the administrative measures for the temporary occupation of the road, Nanning city, the people's Government, the first amendment of the decision on May 23, 2008 the temporary occupation of the road, Nanning, Nanning municipal people's Government to amend management decided to approach the second revision of September 29, 2012

    Temporary occupation road, Nanning, Nanning municipal people's Government to amend decision amendments to management) first to strictly control the temporary occupation of the road, give full play to function of the road, road traffic safety, maintain the city clean, according to the regulations on the administration of urban roads and the Nanning municipal facilities management Ordinance and relevant regulations, combined with the municipality, these measures are formulated.

    Article in temporary occupation of roads within the planning area of the city, these measures shall apply.

    Third Road mentioned in these measures refers to the city streets, bridges, underground Street corridor, viaducts and tunnels for vehicles, pedestrians and public square, public car park.

    Temporary occupation of roads in these measures refers to the short period (maximum of 1, belonging to the main road and the maximum amount of not more than 3 months) road stacking materials, construction, business events, celebrations, and set parking, breakfast point of sale, kiosk, IC telephone booths and other acts affecting function.

    Fourth municipal administrative authorities responsible for implementation of this approach.

    City Department of municipal administration in accordance with the responsibilities under the municipal road management is responsible for the temporary occupation of the area.

    Public security, planning, industry and commerce, construction management, in accordance with their respective responsibilities, in collaboration with municipal administrative departments in implementing these procedures. Article fifth without authorization, no unit or individual is allowed to temporarily occupy the road. Really necessary to temporarily occupy the road, approved by the municipal administrative departments, temporary occupation permit will be issued only after use. Effect of traffic safety, the Department of municipal administration with the consent of the public security organs traffic management departments before they can apply for.

    Off-road built a temporary structure, you must ask the Administrative Department of planning permission. 

    Due to emergency repairs to water, electricity, gas, telecommunications, urban infrastructure, such as a temporary occupation road, first a temporary occupation, but shall promptly report to public security organs traffic management departments and municipal administrative authorities, and applying for the examination and approval procedures.

    Article sixth of the temporary occupation permit applications made in accordance with the following procedures:

    (A) occupied by units or individuals to submit applications for temporary occupation of the road, and fill out the application form for temporary occupation of roads; 

    (B) the examination and approval by the Administrative Department of the temporary occupation permit will be issued. Article seventh addition to telephone booths, kiosks, breakfast sales points, forbidden to occupy the main road equipment vendors engaged in business activities.

    Strict control on other roads to allow management of scope and time.

    The main road and other roads to permit display stands range determined by the municipal people's Government and to the public.

    Eighth in the context of the following roads shall not approve a temporary occupation:

    (A) effect of buses, ambulances and fire trucks in and out of the station, first-aid station, a fire station and section, (ii) hospital, within 100 meters on either side of the road in front of the school;

    (C) the crossroads, railway junctions, sharp road bends, bridges, steep slopes, tunnels, and from the above sites within 50 meters of the road; (d) within 10 metres of the fire exits and fire-fighting equipment;

    (E) the pedestrian, pedestrian underpasses and around 10 m range;

    (F) the scope of provisions of other laws, rules and regulations.

    Urban, landscape, water, electricity, gas, telecommunications, transportation and other urban infrastructure construction, maintenance, repair works, temporary occupation of urban roads, but not affected by the provisions of the preceding paragraph. Nineth temporary occupation of roads, approved by the competent authority shall, in accordance with price fees to pay road fees.

    By the Government or Government departments organize publicity, commemorative activities, celebrations and other public welfare temporary occupation of roads should be exempt from road fees.

    Road occupancy fee should be paid in full the financial sector.

    Tenth way ratified a temporary occupation shall observe the following time limits: (a) carrying out commercial activities, celebrations, occupancy period should not be longer than 7th; (b) set the breakfast point of sale, kiosk, IC telephone booths, parking spots, occupied period shall not exceed 1 year (which occupied the main road for the longest period of not more than 3 months);

    (C) stacking materials, occupation period shall not exceed 3 months; (d) occupied by the mining, construction, each face (pit) construction shall not exceed 3 months.

    Due to special circumstances continue to temporarily occupy the road, shall, on the expiry of 7th extension formalities apply to the approval authority, the approval authorities shall, before the expiry of the decision whether or not to grant an extension. 11th due to urban development, traffic management, municipal utilities to repair or special needs such as emergency rescue and disaster relief, approved a temporary occupation of roads, municipal administrative departments have the right to adjust the area, duration or stop use, road occupier should match.

    Adjust the area occupied, occupied by term or stop, municipal administrative departments should return the corresponding road fees.

    12th approved temporary off-road units and individuals must comply with the following provisions: (A) the makeshift shanty, stacking of materials, construction, carrying out commercial activities, celebrations should be hung at the scene of the temporary occupation permit, and the temporary occupation of publicity. The temporary occupation of public notice shall set forth the name of unit or units, location, scope and area occupied, covering road beginning and ending dates, contact information, and so on.

    Set the breakfast point of sale, kiosk, IC telephone booths, parking should be hanging at the site of the temporary occupation permit;

    (B) according to the approved time, location, size, and use;

    (C) not fixed Foundation for the construction of permanent buildings (structures);

    (D) you will not keep out street lights, traffic signals, traffic signs;

    (V) not to damage, the ride takes up all kinds of underground pipelines, cover and fire-fighting equipment shall not block fire control passageway;

    (Vi) may encroach on green and damage green facilities and grass and trees;

    (VII) shall not affect the conservation and greening of municipal engineering construction and waste, slag, waste removal work normally;

    (VIII) of stacked items, you should set up clear signs and safety protection facilities;

    (IX) construction site should use fences and warning signs in the appropriate place; construction signs should be used at night lights affecting roads, should also be according to the public security organs traffic management Department to request the installation of traffic signs;

    (10) when encountering inclement weather such as rain, dangerous places to display warning signs around the construction site, and removal of stagnant water in a timely manner;

    (11) construction material to be used in the context of approval of a tidy, no stacking of flammable, explosive and poisonous and dangerous items; the spoil, waste time clearing;

    (12) after the construction is completed, timely removal of temporary facilities, waste site, reject, as required to backfill compaction and repair roads;

    (13) compliance with the provisions of other laws and regulations.

    13th approved temporary off-road and personal, occupied after the expiration shall promptly clean up the possession of, the site, restored to city roads original state.

    14th violates these measures unauthorized occupation of roads by the municipal administrative authorities shall order the restitution within a time limit, and, if the circumstances are serious, and punishable with a penalty of 50 Yuan more than 2000; municipal facilities caused severe damage, can be fined a maximum of 2000 more than 20000.

    15th article violation this approach 12th article provides, by municipal administrative competent sector ordered its deadline corrected, and cleanup or repair; late not cleanup, and repair, by urged told still not cleanup, and repair of, its consequences has or will exists traffic security hidden of, by municipal administrative competent sector or its delegate of no interest relationship of third people on behalf of cleanup, and repair, costs by responsibility people bear, and can at 500 Yuan above 3000 Yuan following fine.

    Article 16th on the specific administrative act undertaken by the Administrative Department may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    17th parties do not perform specific administrative act within the statutory time limit, take specific administrative actions of the authorities may apply to a court for mandatory enforcement according to law.

    18th municipal administrative departments and relevant management neglects his duty, abuse of power, favoritism, and by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, criminal liability shall be investigated for their.
19th article this approach by the Municipal Office of Legislative Affairs is responsible for the interpretation.

    20th these measures shall come into force on March 1, 2003. Published on February 26, 1994 implementation of the provisional regulations on the management of non-traffic road, Nanning city, (2nd city people's Government) abrogated.