Wuhan, Wuhan Municipal People's Government On The Revision Of The Urban Management Of Trial Measures For The Power Of Relatively Concentrated Administrative Punishment Decision

Original Language Title: 武汉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试行办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384490.shtml

Wuhan, Wuhan municipal people's Government on the revision of the urban management of trial measures for the power of relatively concentrated administrative punishment decision

    (August 6, 2012, Wuhan municipal people's Government at the 23rd Executive meeting on November 26, 2012, Wuhan municipal people's Government promulgated as of January 1, 2013, No. 232) cities, Wuhan municipal people's Government for decision on the administrative power of relatively concentrated administrative punishment on trial procedures as follows:

    One, in the first increase in the People's Republic of China administrative mandatory law, Wuhan City, and the city appearance and environmental sanitation administration regulations as a basis for legislation.

    Second, the article is changed to:

    "This approach applied to the following areas:

    (A) of riverbank, jianghan, mouth, Hanyang, and Wuchang, Hongshan, qingshan district, Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone; (B) the caidian Xinzhou district, and Jiang Xia, and Dong XI Hu, and Hannan, and Huang Po, and built-up areas and urban development zone and other areas approved by the municipal people's Government.

    ”

    Third, to modify the third paragraph of article to: "City of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic area and Wuhan, the city administration of chemical industry area law enforcement agencies, commissioned by the municipal Bureau of city administration enforcement, responsible for the management of urban governance in the region of relative-centralized administrative punishment right implementation.

    ”

    Four, the fourth is revised as follows: "City, and district city management law enforcement Council (following collectively city management law enforcement sector) according to this approach of provides, concentrated exercise about city sanitation management, and city planning management, and City Green management, and municipal management, and environmental protection management, and business administration, and police traffic management aspects of administrative punishment right; city management administrative punishment right relative concentrated Hou, original about administrative law enforcement sector shall not again exercise, still exercise of, its made of administrative punishment decided are invalid.

    ”

    Five, the sixth is revised as follows:

    "The following acts in violation of city regulations, rectification, and fines:

    (A) on the main roads of the city away from the balconies and Windows of the building for stacking, hanging, hanging eyesore, fines of between 50 Yuan and 300 yuan;

    (B) urban graffiti on a road or other public place, facilities, describe, in accordance with standard fines for every 50; portrayed by graffiti or, fined a maximum of between 10000 and 5000 Yuan in serious cases, fined a maximum of 10000 Yuan and more than 30000; (C) without the city law enforcement department or not in accordance with the approved content posted, the authorisations, or outdoor advertising and publicity of outdated and dilapidated premises was not cleared in time, fines of between 50 Yuan and 500 Yuan.

    Organization posted, the authorisations without permission, fined a maximum of between 10000 and 5000 Yuan in serious cases, fined a maximum of 10000 Yuan and more than 30000;

    (D) unauthorized or not in accordance with the approved requirements and deadlines set for outdoor advertising, ordered to remove or correct, in accordance with the standard fined 2000 Yuan per square meter, but the maximum penalty does not exceed 100000; fails to remove or correct, apply to a people's Court for compulsory execution;

    (E) out of business, by 300 yuan per square meter in area above the standard fines, but fines not exceeding 20000 RMB; (Vi) other acts in violation of city regulations, in accordance with relevant regulations will be punished.

    ”

    Six, the seventh article is revised as follows:

    "Any of the following acts in violation of environmental regulations, rectification, and fines:

    (A) spit and soil, littered fruit peels and cores, paper scraps, boxes, cigarette butts, beverage cans, chewing gum, plastic bags and other debris, fine at 50 Yuan;

    (B) the dumping of sewage, throw waste such as animal carcasses, fines of between 50 Yuan and 200 Yuan;

    (C) it is not dumping waste in accordance with regulations, fines of between 50 Yuan and 500 Yuan;

    (D) units and individuals MSW dumped in non-designated places of personal fines of between 50 Yuan and 200 Yuan, the unit shall be in accordance with the standard fine of 100 yuan per cubic meter;

    (E) solid waste removal unit without authorization from dumping garbage in non-designated places, fined a maximum of between 1000 Yuan and 200 Yuan;

    (Vi) professional units did not carry out cleaning cleaning responsibilities of sanitation, clean maintains cleanliness does not meet the requirements, according to responsibility or contract process;

    (VII) refuse transfer stations are not in accordance with the provisions of the time open to the society or the cleanliness of the inside and outside, between 3000 and 1000 Yuan fine;

    (H) scientific research, medical treatment, livestock slaughter, biological products, and other units will produce hazardous waste mixed with household waste or litter, fined a maximum of between 2000 Yuan and 500 Yuan;

    (IX) in the roads or public places of burning leaves, rubbish, fines of between 50 Yuan and 200 Yuan;

    (10) in the roads or public places of dissemination, burned, Styx and other funeral supplies, fine at 50 Yuan;

    (11), alterations and improvements to muck was not in accordance with the provisions of the House clear, fines of between 50 Yuan and 200 Yuan; (12) other acts in violation of environmental regulations, in accordance with relevant regulations will be punished.

    ”

    Seven, to modify the article to:

    "Any of the following acts in violation of construction site management regulations, rectification, and fines:

    (A) the streets washed stone, stacked materials outside the construction site, fined a maximum of between 2000 Yuan and 500 Yuan;

    (B) transportation, liquid cargo in bulk or spam leakage or wheel mud roads, in accordance with the contaminated area of the standard fine of 100 yuan per square meter; (C) the unauthorized construction waste, slag and other waste piled up or dumping in non-designated places, the unit shall be fined a maximum of between 50000 and 5000 Yuan, individual fines of between 50 Yuan and 200 Yuan.

    ”

    Eight, to modify the article to: "In urban roads, squares and other public places, washing vehicles, rectification, and fined a maximum of between 2000 Yuan and 500 Yuan.

    ”

    Article nine, the tenth is revised as follows: "Without operational qualification, cleaning cleaning, correction and fined a maximum of between 10000 and 5000 Yuan in serious cases, fined a maximum of 10000 Yuan and more than 30000. Unauthorized construction waste transportation, the unit shall be fined a maximum of 5000 Yuan and more than 30000, for personal penalty of between 1000 Yuan.

    ”

    Ten, the 12th article is revised as follows:

    "Any of the following acts in violation of sanitation facilities construction and management regulations, rectification, and fines:

    (A) failing to have sanitation facilities under construction, ordered to fill the building, if the circumstances are serious, environment sanitation facilities construction fined not more than 1 time;

    (B) dismantles sanitation facilities, or not in accordance with the approved demolition the demolition programme, shall be ordered to pay damages, and fined a maximum of between 10000 and 2000 Yuan in serious cases, may be fined a maximum of 10000 Yuan more than 20000; (C) the arbitrary closure, destruction of sanitation facilities, shall be ordered to pay damages, and fined a maximum of between 10000 and 2000 Yuan in serious cases, may be fined a maximum of 10000 Yuan more than 20000.

    ”

    Plenary, the 14th article is revised as follows:

    "Urban greening and its facilities following damage shall be ordered to stop infringement and fines of between 50 Yuan and 300 yuan; the unit shall be fined a maximum of between 2000 Yuan and 500 Yuan, and directly responsible to the head of personnel and others responsible for between 500 Yuan and 200 Yuan fines; losses, ordered to be liable for:

    (A) the civil strife took cover in green space and litter;

   (B) damaged flower beds and hedges;

   (C) stacking items in the lawns and flower beds;

    (D) characterization of climbing trees, picking flowers;

    (E) damage to stone railing, station, water pipes and other amenity;

    (F) set in the urban green space Billboard (bar); (VII) other acts that damage to urban greening and its facilities.

    ”

    Under article 12, the 15th is revised as follows: "Cut down or damage trees without authorization, shall be ordered to pay damages, and fined a maximum of 3 times more than 5 times the amount of compensation.

    ”

    Under article 13, the 16th is revised as follows: "The unauthorized occupation of urban green space, ordered to return, restitution, and from the date of occupation, in accordance with the standard fine of 100 yuan per square meter per day; fails to return, torn down according to law.

    ”

Article 14, the 23rd is revised as follows: "Without the construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering construction of buildings, structures or any other facilities, by the urban management enforcement in accordance with the People's Republic of China town and country planning Act and related provisions of the laws, regulations and rules in the investigation.

    ”

    Section XV, the 24th is revised as follows: "OTC (outside) illegal operation of unlicensed traders, in accordance with the unlicensed investigation against policy (order No. 370 of the State Council) of the ban, confiscate the illegal income, and may be fined a maximum of 20000 Yuan.

    ”

    16, delete article 26th.

    37th article 17, be modified to: "The citizens, legal persons and other organizations on urban management refuses to accept the decision on administrative penalty from law enforcement departments, people's Court may apply for administrative reconsideration or bring an administrative action.

    ”

    18, 38th revised as follows: "Refuse or obstruct the urban management enforcement personnel performing official business according to law, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized; a suspected crime, transferred to the judicial organs according to law.

    ”

    19, delete article 41st. In addition, the individual words in the relevant provisions of the original text has been modified, serial number articles adjusted accordingly.

    The administrative power of relatively concentrated administrative punishment on trial in Wuhan City procedures revised according to this decision, to be announced.

    Report: power of relatively concentrated administrative punishment measures for the administration of the city of Wuhan City 2012 (revised) (August 20, 2002, 137th order announced on November 6, 2012, people's Government of the city, Wuhan municipal people's Government to amend the management power of relatively concentrated administrative punishment decision of the pilot scheme Amendment)
Chapter I General provisions

    First article for strengthening city management, do city management relative concentrated administrative punishment right work, according to People's Republic of China administrative punishment method, and People's Republic of China administrative forced method, and Wuhan City sanitation management Ordinance and about legal, and regulations and State Legal Office on in Hubei Province Wuhan carried out relative concentrated administrative punishment right pilot work of reply (law letter (2001) 137th,) spirit, combined this city actual, developed this approach.

    Second this approach applies to the following areas:

    (A) of riverbank, jianghan, mouth, Hanyang, and Wuchang, Hongshan, qingshan district, Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, Wuhan East Lake ecological tourism scenic spot, and the city zone;

    (B) the caidian Xinzhou district, and Jiang Xia, and Dong XI Hu, and Hannan, and Huang Po, and built-up areas and urban development zone and other areas approved by the municipal people's Government.

    Article City urban administrative enforcement Bureau is responsible for the city's urban management power of relatively concentrated administrative punishment organization, coordination, supervision and inspection work.

    City Provisional Regional urban management enforcement Bureau is responsible for the implementation of management power of relatively concentrated administrative punishment.

    City of Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic area and Wuhan, the city administration of chemical industry area law enforcement agencies, commissioned by the municipal Bureau of city administration enforcement, responsible for the management of urban governance in the region of relative-centralized administrative punishment right implementation.

    Fourth article city, and district city management law enforcement Council (following collectively city management law enforcement sector) according to this approach of provides, concentrated exercise about city sanitation management, and city planning management, and City Green management, and municipal management, and environmental protection management, and business administration, and police traffic management aspects of administrative punishment right; city management administrative punishment right relative concentrated Hou, original about administrative law enforcement sector shall not again exercise, still exercise of, its made of administrative punishment decided are invalid.

    Article fifth urban management law enforcement agencies shall establish a system of regular exchange rotation of law enforcement personnel, administrative law enforcement responsibility system and evaluation system, to improve the administrative level of law enforcement.

    Chapter II administration of city appearance and environmental sanitation

    Sixth under any of the following acts in violation of city regulations, rectification, and fines:

    (A) on the main roads of the city away from the balconies and Windows of the building for stacking, hanging, hanging eyesore, fines of between 50 Yuan and 300 yuan;

    (B) urban graffiti on a road or other public place, facilities, describe, in accordance with standard fines for every 50; portrayed by graffiti or, fined a maximum of between 10000 and 5000 Yuan in serious cases, fined a maximum of 10000 Yuan and more than 30000; (C) without the city law enforcement department or not in accordance with the approved content posted, the authorisations, or outdoor advertising and publicity of outdated and dilapidated premises was not cleared in time, fines of between 50 Yuan and 500 Yuan.

    Organization posted, the authorisations without permission, fined a maximum of between 10000 and 5000 Yuan in serious cases, fined a maximum of 10000 Yuan and more than 30000;

    (D) unauthorized or not in accordance with the approved requirements and deadlines set for outdoor advertising, ordered to remove or correct, in accordance with the standard fined 2000 Yuan per square meter, but the maximum penalty does not exceed 100000; fails to remove or correct, apply to a people's Court for compulsory execution;

    (E) out of business, by 300 yuan per square meter in area above the standard fines, but fines not exceeding 20000 RMB;

    (Vi) other acts in violation of city regulations, in accordance with relevant regulations will be punished.

    Seventh under any of the following acts in violation of environmental regulations, rectification, and fines:

    (A) spit and soil, littered fruit peels and cores, paper scraps, boxes, cigarette butts, beverage cans, chewing gum, plastic bags and other debris, fine at 50 Yuan;

    (B) the dumping of sewage, throw waste such as animal carcasses, fines of between 50 Yuan and 200 Yuan;

    (C) it is not dumping waste in accordance with regulations, fines of between 50 Yuan and 500 Yuan;

    (D) units and individuals MSW dumped in non-designated places of personal fines of between 50 Yuan and 200 Yuan, the unit shall be in accordance with the standard fine of 100 yuan per cubic meter;

    (E) solid waste removal unit without authorization from dumping garbage in non-designated places, fined a maximum of between 1000 Yuan and 200 Yuan;

    (Vi) professional units did not carry out cleaning cleaning responsibilities of sanitation, clean maintains cleanliness does not meet the requirements, according to responsibility or contract process;

    (VII) refuse transfer stations are not in accordance with the provisions of the time open to the society or the cleanliness of the inside and outside, between 3000 and 1000 Yuan fine;

    (H) scientific research, medical treatment, livestock slaughter, biological products, and other units will produce hazardous waste mixed with household waste or litter, fined a maximum of between 2000 Yuan and 500 Yuan;

    (IX) in the roads or public places of burning leaves, rubbish, fines of between 50 Yuan and 200 Yuan;

   (10) in the roads or public places of dissemination, burned, Styx and other funeral supplies, fine at 50 Yuan;

    (11), alterations and improvements to muck was not in accordance with the provisions of the House clear, fines of between 50 Yuan and 200 Yuan;

    (12) other acts in violation of environmental regulations, in accordance with relevant regulations will be punished.

    Eighth under any of the following acts in violation of construction site management regulations, rectification, and fines:

    (A) the streets washed stone, stacked materials outside the construction site, fined a maximum of between 2000 Yuan and 500 Yuan;

    (B) transportation, liquid cargo in bulk or spam leakage or wheel mud roads, in accordance with the contaminated area of the standard fine of 100 yuan per square meter;

    (C) the unauthorized construction waste, slag and other waste piled up or dumping in non-designated places, the unit shall be fined a maximum of between 50000 and 5000 Yuan, individual fines of between 50 Yuan and 200 Yuan.

    Nineth in urban roads, squares and other public places, washing vehicles, rectification, and fined a maximum of between 2000 Yuan and 500 Yuan. Tenth have not acquired the trading qualification, cleaning cleaning, correction and fined a maximum of between 10000 and 5000 Yuan in serious cases, fined a maximum of 10000 Yuan and more than 30000.

    Unauthorized construction waste transportation, the unit shall be fined a maximum of 5000 Yuan and more than 30000, for personal penalty of between 1000 Yuan.

    11th "menqiansanbao" units do not perform their duties, rectification, and fines of between 50 Yuan and 500 Yuan.

    12th under any of the following acts in violation of sanitation facilities construction and management regulations, rectification, and fines:

    (A) failing to have sanitation facilities under construction, ordered to fill the building, if the circumstances are serious, environment sanitation facilities construction fined not more than 1 time;

    (B) dismantles sanitation facilities, or not in accordance with the approved demolition the demolition programme, shall be ordered to pay damages, and fined a maximum of between 10000 and 2000 Yuan in serious cases, may be fined a maximum of 10000 Yuan more than 20000;

    (C) the arbitrary closure, destruction of sanitation facilities, shall be ordered to pay damages, and fined a maximum of between 10000 and 2000 Yuan in serious cases, may be fined a maximum of 10000 Yuan more than 20000. 

    13th do not meet city appearance standards and sanitation standards in buildings or facilities, ordered to reform or dismantle; overdue renovation or demolition, torn in accordance with legal procedures, and in accordance with the standard of 100 Yuan to 300 yuan per square meter fines.

    Chapter III urban green management

    14th under any of the following acts of damage to urban greening and its facilities, ordered to stop the infringement and fines of between 50 Yuan and 300 yuan; the unit shall be fined a maximum of between 2000 Yuan and 500 Yuan, and directly responsible to the head of personnel and others responsible for between 500 Yuan and 200 Yuan fines; losses, ordered to be liable for:

    (A) the civil strife took cover in green space and litter;

    (B) damaged flower beds and hedges;

    (C) stacking items in the lawns and flower beds;

    (D) characterization of climbing trees, picking flowers;

    (E) damage to stone railing, station, water pipes and other amenity;

    (F) set in the urban green space Billboard (bar);

    (VII) other acts that damage to urban greening and its facilities.

    15th cut down or damage trees without authorization, shall be ordered to pay damages, and fined a maximum of 3 times more than 5 times the amount of compensation.

    Cut, unauthorized migration of ancient trees or due to improper maintenance resulting in injury or death of ancient and famous trees, in accordance with the relevant provisions of the rules and regulations for punishment.

    Occupying 16th section of urban green space, ordered to return, restitution, and from the date of occupation, in accordance with the standard fine of 100 yuan per square meter per day; fails to return, torn down according to law.

    17th urban management law enforcement agencies investigate and deal with illegal cases, need to be ordered to pay damages, shall notify the garden sector compensation in the 5th standard, penalties and compensation by the city administration enforcement decisions, and is completed within 1 month of compensation and related information transfer and garden sector.

    18th violations set out in this chapter shall be on the sides of city roads and, by the city administration law enforcement investigation; in the City Park, the green square and flat, from the garden Department investigated and dealt with.

    The fourth chapter of urban road management

    19th under any of the following acts in violation of provisions on administration of urban road to occupy or dig the, rectification, and fined a maximum of 20000; losses, ordered to be liable for:

    (A) occupying or digging of urban roads;

    (B) is not in accordance with the approved location, size, term occupy or dig the roads of the city;

    (C) the occupation of urban road expires or explore the city's roads after the project is completed, failed to follow the requirements to repair or clean up.

    20th under any of the following damages, encroachment of urban roads, rectification, and fined a maximum of 20000; losses, ordered to be liable for:
(A) unauthorized construction of buildings and structures in the urban road;

    (B) erection of pressure at the bridge at 4 kg/cm (0.4 MPa) gas pipelines, more than 10,000 volts above the high voltage power line and other inflammable and explosive pipelines;

    (C) no inspection of pipeline based on City Road, box cover, or urban street furniture of defect compensation or repair;

    (D) have not been set in urban road construction site clearly marked safety fences and facilities;

    (E) attached to urban road construction pipeline, pole lines and other facilities, is not in accordance with the provisions of approved procedures;

    (Vi) emergency repairs of pipelines under laying of roads in the city, and failing to go through approval procedures;

    (VII) other damages, encroachment of urban roads.

    Article 21st non-motor vehicle on the sidewalk (including the bridge sidewalks), pedestrian bridge, crossing the street tunnel was not parked in accordance with regulations, warning or 20 Yuan fine.

    Motor vehicle not parked according to regulations, by the public security traffic Administrative Department in accordance with the relevant laws and regulations investigation.

    The fifth chapter of urban and rural planning management

    22nd construction units or individuals should be at construction sites hoisting construction project planning permit of construction engineering public, indicating the construction project planning permit (or license notice), approval authorities, approval, approve, accept inspections and monitoring of the relevant departments.

    Article 23rd without construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering construction of buildings, structures or any other facilities, by the urban management enforcement in accordance with the People's Republic of China town and country planning Act and related provisions of the laws, regulations and rules in the investigation.

    The sixth chapter in business administration

    Article 24th OTC (outside) illegal operation of unlicensed traders, in accordance with the unlicensed investigation against policy (order No. 370 of the State Council) of the ban, confiscate the illegal income, and may be fined a maximum of 20000 Yuan.

    Seventh chapter of environmental protection management

    25th business activities using loudspeakers or other loud-noise method to attract more customers, shall be ordered to correct immediately and fined a maximum of 1000 Yuan.

    Article 26th in a concentrated area open burning straw, litter, smoke pollution, be ordered to desist from the illegal act in serious cases, may be fined a maximum of 200 Yuan.

    27th in densely inhabited areas burning asphalt, linoleum, rubber, plastics, leather, ordered to desist from the illegal act and fined a maximum of between 3000 and 300 yuan.

    28th in barbecue, food stalls, street food and beverage operations, resulting in exhaust pollution of the living environment of the residents in the vicinity, correction and fined a maximum of between 1000 Yuan and 100 Yuan in serious cases, refuses, fined a maximum of between 10000 and 2000 Yuan.

    Other provisions of the eighth chapter

    Article 29th urban management law enforcement agencies discover violations, shall be ordered to immediately correct or rectify; refusing to desist from the illegal act and may withhold its illegal activities according to law the use of tools and articles.

    Article 30th urban management law enforcement personnel to withhold goods must be registered, included with the list, signed by the parties after checking; to withhold goods shall keep, and report to the person in charge, dealt with according to law; the illegal withholding of property losses, compensation shall be.

    Article 31st of the same violations by the parties, shall not be given more than 2 penalties administrative penalties.

    Article 32nd urban management law enforcement agencies investigate and deal with violations, require identification, should send the relevant statutory institution identification, identification of relevant administrative departments and statutory bodies should cooperate. 33rd City law enforcement officer in the execution of their duties, shall wear enforcement logo, produce their documents strictly in accordance with the People's Republic of China impose administrative penalty procedure under the law on administrative punishment.

    Among them, the general procedures of administrative punishment cases should be found within 15 working days from the date of the offence the decision on administrative penalty; case is significant and complicated, approved by the city administration law enforcement Chief, may extend the term, but shall not exceed 30 working days. 34th city departments should carry out law enforcement penalty decisions and fines separation system.

    In addition to collect fines on the spot, departments and law-enforcement officials make a decision of administrative penalty shall not be on its own to collect fines.

    On the spot fines collected by, law enforcement should be turned over to the State Treasury in full and timely, the city administration, may withhold or take, distribute.

    35th of municipal urban management enforcement Bureau for urban management enforcement, illegal or improper administrative punishment decision is entitled to redress.

    City urban administrative enforcement Bureau for urban management enforcement jurisdiction over a case, if necessary, can be investigated directly.

    Article 36th citizens, legal persons and other organizations on urban management refuses to accept the decision on administrative penalty from law enforcement departments, people's Court may apply for administrative reconsideration or bring an administrative action.

    37th refuses or obstructs the urban management enforcement personnel performing official business according to law, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security shall be penalized; a suspected crime, transferred to the judicial organs according to law.

    Article 38th urban management law enforcement authorities set up telephone hotlines, and announced to the public.

    Citizens, legal persons and other organizations on violations in the urban management enforcement in law enforcement has the right to report city sector or the competent law enforcement authorities, the city administration or the competent authorities shall comply with the requirements of law enforcement agencies to investigate in a timely manner. 39th urban management law enforcement and law enforcement officials should perform their duties according to law.

    Should carry out his managerial responsibilities and not comply in a timely manner, or in abuse of power, dereliction of duty or engages in law enforcement, in accordance with the provisions of the law enforcement regulations in Wuhan pursue law enforcement responsibilities.

    Nineth chapter by-laws

    40th article of the approach by the Legal Affairs Office of Wuhan municipal people's Government is responsible for the interpretation.

    41st administrative penalties provided for herein, types and ranges are based on the laws, regulations and rules amended or new regulations, from its provisions. 42nd these measures come into force on January 1, 2013.