Kunming City Outdoor Advertising Facilities Management

Original Language Title: 昆明市户外广告设施设置管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377295.shtml

Kunming city outdoor advertising facilities management

    (April 13, 2012, Kunming city people's Government, the 31st General Meeting June 5, 2012 112th Kunming city people's Government promulgated as of July 10, 2012) Chapter I General provisions

    First to strengthen the management of outdoor advertising facilities, improve appearance city appearance, shape good image of the city and promote the healthy development of the outdoor advertising industry, according to the city construction and management regulations of Yunnan province, Kunming city outdoor advertisement Management Ordinance and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second outdoor advertising facilities in these measures refers to publish business advertisements, public service announcements and use of building (structure) buildings and outdoor spaces, the space facilities, including the shop signs, shop signs, cloth, boards (bars), electronic displays, light boxes, window, neon signs, physical and other facilities.

    Article these measures apply to install outdoor advertising facilities within the administrative area of the city and its related management activities.

    The fourth set of outdoor advertising facilities should be based on urban and rural styles, patterns and regional features, road characteristics, unified planning, overall design and zoning controls, layout, ensure security, and in accordance with the outdoor advertising facilities planning and detailed planning requirements.

    Fifth use of municipal public utilities, city roads, squares and other public areas or occupying public space for installation of outdoor advertising facilities for franchising.

    Sixth city management Administrative Department is responsible for the city's outdoor advertising facilities guidance, supervision, and evaluation and specific charge of wuhua district, panlong district, Guandu district, Xishan District, and Chenggong district and development zone Kunming economic and technological development zone, Kunming Dianchi national tourist resort [hereinafter referred to as the three national development (resort) District)] within the outdoor advertising facilities planning and license validation.

    Counties (cities), three national development (holiday), yangzong scenic area, Kunming, Kunming where meadows industrial park and jiaozi mountain tourism development zone management administration (hereinafter referred to as territorial administration of urban management) is responsible for the supervision and control of outdoor advertising facilities within the region.

    Supervise other relevant administrative departments according to their respective duties.

    Chapter planning

    In the seventh article of the urban planning zone sets special planning of outdoor advertising facilities, managed by city Administrative Department in conjunction with the planning and administration of industry and Commerce and other departments, according to the master plan prepared in Kunming city, the municipal people's Government for approval.

    Counties (cities) and development (vacation) detailed planning of outdoor advertising facilities managed by the territorial city administrations according to install outdoor advertising facilities planning, prepared according to the following procedures:

    (A) the wuhua district panlong district,, and, and, and Guandu district of Xishan District, Chenggong area and three national development (vacation) detailed planning of outdoor advertising facilities shall be reported to city management, planning, examination, and by the territorial Government and the approval of the Management Committee.

    (B) other counties (cities) zone, development zone detailed planning of outdoor advertising facilities the same level people's Governments and the approval of the Management Committee, and submitted to the Municipal Department of urban management, planning.

    Approved to install outdoor advertising facilities planning and detailed planning needed adjustments, shall, in accordance with the original procedures for approval.

    Eighth article outdoor advertising facilities set special planning and detailed planning should according to "high, and high standards, and high grade" of requirements, according to urban and rural regional function, and road function, and built (frame) built real using nature and outdoor advertising facilities on city landscape of effect degree, implemented partition control, and according to different type of outdoor advertising facilities, on set density, and location, and size, and styling, and color for classification control.

    Nineth city administrative departments shall regularly organize experts to install outdoor advertising facilities planning and detailed planning of the assessment of the effects, according to the revised report of the assessment, evaluation period not exceeding 5 years.

    Chapter III facilities

    Article tenth of outdoor advertising facilities design, styling, color, quantity, volume, form, location, direction, height, materials and building (structure) and the surrounding environment beautiful.

    Promotes and encourages the use of energy saving and environmental protection of new technologies, new processes, new materials, installation of outdoor advertising facilities.

    11th regional outdoor advertising and prohibition of the following facilities:

    (A) State agencies, schools, cultural relics protection units built (structure) and its planning control areas and core scenic area;

    (B) the safety of high-voltage overhead power lines within the scope of protection;

    (C) take up urban green space, block the green landscape;

    (D) the use of urban road lighting such as street lighting poles;

    (E) the use of traffic signs, traffic lights, traffic barrier, elevated roads, roads, tunnels and other traffic safety facilities and ancillary facilities and barrier;

    (Vi) using the LU brand, huating, passenger platform, and other public facilities, municipal infrastructure and transportation instructions outdoor advertising facilities;

    (VII) use of residential units and wall, fence;

    (VIII) the use of illegal building (structures) and not reserved advertising space, renovation of buildings (structures);

    (IX) obstructing the sidewalk, blind, fire protection and other public facilities, public interest, eyesores the city or the lives of others;

    (J) in outdoor advertising, urban planning area within the column;

    (11) under construction (structure) top installation of outdoor advertising facilities;

    (12) in the print ads posted on the window, or debris piled up in the window;

    (13) across a road installation of outdoor advertising facilities;

    (14) the laws and regulations as well as outdoor advertising facilities planning, detailed planning under other circumstances.

    12th is prohibited in public places, buildings (structures) hair on buildings, public facilities, stickers, graffiti, hanging to sell goods and services and other information.

    13th in the road along the installation of outdoor advertising facilities shall be without prejudice to safe horizon, influence passage shall not block the street lamps, traffic signs, traffic lights.

    Apart from the public information, and may not separate commercial outdoor advertising facilities on the road.

    14th urban main window area, the portal node commercial facilities and public open space should be provided free advertising, public service advertising for not less than 60 days a year.

    15th under construction (structure) installation of outdoor advertising facilities on property should be embedded or attached to the building (structure) the facades of the buildings, and shall not be any of the following circumstances:

    (A) destruction of building (structure) is physical appearance and facade, main features, contours and skyline;

    (B) impede the building (structure) fire safety, lighting, ventilation and other functions;

    (C) qualified over urban planning building (structure) height;

    (D) public information and building (structures) names, using the residential installation of outdoor advertising facilities;

    (E) the building (structure) of balcony glazing, pasting, painting, hanging outdoor advertising facilities;

    (F) without the consent of the building (structure) property owners agreed to installation of outdoor advertising facilities;

    (G) laws and regulations as well as outdoor advertising facilities planning, detailed planning under other circumstances.

    16th enterprises, individual businesses and other organizations in their legitimate business, Office or building (structures) set up shop on store cards.

    Shop enrollment shops contain name, font size, and the legal registration of marks shall be made consistent and comply with the following requirements:

    (A) the building (structure) to build name identification should be set under construction (structure) facade;

    (B) the construction, reconstruction of building (structure) of buildings, should not be set to the top logo, can be set on the outer façade of inlaid logo, but it should be reserved in the planning permission;

    (C) Street shops shops shops should be set under construction (structure) above the cornice or doorway below, shall not exceed 2 m distance between the up and down narrow necked and not exposed steel frame structures;

    (D) the same building (structure) of street shops shops shops up and down narrow necked and flush out should be kept, used material should be consistent;

    (E) store enrollment shops setting material should be built (structures) coordinate style and the surrounding cityscape, high energy consumption, low quality materials shall not be used;

    (F) the shop store brand may not be multiple, overlapping sets; multiple units share one building (structures), construction (structure) control over uniformly within the red line the entrance signs;

    (G) shall not contain operates brand names and other contents. The 17th public outdoor advertising facilities shall be in accordance with the "overall consideration, setting unified planning, unified, unified management" principle, prepared by the competent departments of the municipal public detail planning of outdoor advertising facilities and reported to the municipality for approval.

    Not included in the detailed planning of outdoor advertising facilities of public welfare, should not be set.

    Any change of public service advertising facility use, and commercial advertising.

    18th urban management administration and the relevant competent authorities shall, in accordance with "well, fine, fine" requirements of supervision and management, and constantly improve and perfect the management system, the progressive realization of intelligent management of outdoor advertising facilities and information.

    19th city administrative departments shall establish the outdoor advertising business credit file, outdoor advertising will be illegal as bad records, into the outdoor advertising business credit file and to the public on a regular basis.

    The fourth chapter license management 20th installation of outdoor advertising facilities, shall apply to the territorial management permits to the Administrative Department of the city and obtain a licence to install outdoor advertising facilities.

    Install outdoor advertising facilities licensed for a period of 3 years, special circumstances may be appropriately extended, but shall not exceed a maximum of 5 years.

    Applications for installing outdoor advertising facilities shall submit the following materials:

    (A) the application;

    (B) business licenses, business licenses or ad units advertising qualification certificate;

    (C) the site use right certificates;

    (D) the design, inspection, quality inspection certificate issued by outdoor advertising facilities design and construction plan of the unit (cover stamp), technical information (except shop signs, window ad) and rendering;

    (E) may affect transportation, greening, public facilities such as electricity and fire safety of outdoor advertising facilities shall be submitted to the relevant departments of the audit opinion;

    (F) the construction, reconstruction building (structures) when required installation of outdoor advertising facilities, should also be submitted to approval by the planning authority's construction programme and the written opinion of the municipal Administrative Department of the city administration in existing buildings (structures) on the buildings installation of outdoor advertising facilities shall be written comments submitted to the Planning Department.

    (VII) enrollment shops in historic buildings set on store cards, written comments shall be submitted to the Planning Department.

    (VIII) use of municipal public utilities, city roads, squares and other public areas or occupying public space to install outdoor advertising facilities shall submit the franchise agreement.

    (I) laws, regulations, rules and regulations to be submitted by other materials.

    The 21st article in wuhua district, panlong district, Guandu district, Xishan District, Chenggong area and three national development (resort) District within the outdoor advertising facilities licensed under the following procedure:

    (A) territorial administration of urban management after receiving the application materials, should review the application materials are complete, does not meet, is inadmissible, and explain the reasons to meet should be accepted;

    (B) the territorial urban management administration assigned more staff to conduct on-site verification, verification in accordance with the application materials are on site, no permission, and justification; on-site verifications in accordance with written materials, preliminary review comments, reported by the municipal administration of urban management approval, issued by the territorial administration of urban management license.

    22nd construction, reconstruction building (structures) when required installation of outdoor advertising facilities shall be built (or structures) synchronize synchronization planning, design, construction, inspection and related formalities in accordance with the following procedure:

    (A) in the bid to host the planning approval procedures, planning, Management informed the employer in the construction design of outdoor advertising facilities should be included in the programme, design of outdoor advertising facilities shall be in accordance with the outdoor advertising facilities management legislation, regulations and special planning for design; (B) Planning Administration in approving construction programme, shall consult the administrative departments of the city.

    Approval by the planning and management of buildings (structures) in the planning and design of buildings facades should be reserved for outdoor advertising space, indicating the location, form and size of outdoor advertising facilities;

    (C) outdoor advertising facilities people come up with planning management approval of the construction programme, in accordance with the provisions of the present article 20th, apply for outdoor advertising facilities permit.

    23rd use of municipal facilities for installation of outdoor advertising facilities, in addition to sign the project contract, should also be in accordance with this regulation, apply for outdoor advertising facilities permit.

    24th main window area in this city, portal, node, an important traffic nodes, mainly landscape installing outdoor advertising facilities within the control area, territorial administrations in the city administration before it will permit the organizational planning and building (structures) argument and review of the aesthetics and other related experts, provide review comments, and publicity, the public notice period of not less than 7th. 25th outdoor advertising facilities shall be completed within 60 days after the license settings.

    Special circumstances require the extension, reported to the territories after the Administration agreed with the city administration, could be extended, but shall not exceed 90 days; fails to set up, it should be renewed according to the provisions of the approval procedures.

    26th install outdoor advertising facilities shall, before the full license period of outdoor advertising facilities within 60 days in accordance with the provisions of this approach, set an application again, after approval, shall continue installation of outdoor advertising facilities.

    27th due to hold large-scale cultural, tourist, sporting, charity or trade fairs, trade shows, such as the need of setting up temporary outdoor advertising facilities, setting a deadline not later than 10th, and shall set a deadline after the full removal of 1st.

    Set up temporary outdoor advertising facilities shall be made to the home counties (cities) and development (resort) district city management applications to the Administrative Department, and submit the following materials:

    (A) the application;

    (B) the approval document of the competent authority;

    (C) the form, scope and effect of the temporary outdoor advertising arrangement;

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

    28th territorial administration in the City Administration received a temporary outdoor advertisements within 5 business days of filing, in accordance with the provisions of the present article 20th, certification for administrative licensing procedures. 29th article wuhua district, panlong district, Guandu district, Xishan District, Chenggong area and three national development (vacation) store in the district enrollment shops set up by city Administrative Department is responsible for licensing and management. Signboard shop after setting administrative license shall be made to the municipal Administrative Department of the city administration for the record.

    Specific measures formulated by the territorial administrations according to the measures for the administration of the city separately.

    Other counties (cities) and districts and development of outdoor advertising facilities licensing program administered by the territorial city administration according to the regulations, separately, and their implementation.

    Territorial administrative Department of the city administration of the licensing regulations, shall apply to city management administration departments.

    The fifth chapter safety production management

    Article 30th installation of outdoor advertising facilities shall be to achieve standardization, standardization, process, in line with national, provincial and municipal safety and technical standards and specifications, ensuring the security and strong outdoor advertising facilities.

    The city's outdoor advertising facilities safety and technical standards by the municipal administrative departments of the city administration of work safety supervision administration, quality and technology supervision departments according to the relevant laws and regulations. Article 31st except shop signs, window advertisements, design of outdoor advertising facilities shall be by design intelligence units in accordance with the relevant specifications and technical standards for design; by a qualified construction units for construction.

    After the construction is completed, should be carried out by a qualified testing quality inspection, inspection reports issued by, and acceptance by the territorial city administrative departments before they can put to use.

    The 32nd set of outdoor advertising facilities or operator is responsible for maintenance, management of outdoor advertising facilities (hereinafter referred to as the management responsibility), outdoor ads facilities should be maintained safe, in good condition, clean, beautiful, normal use, and signed security and territorial administration of urban management responsibility.

    Article 33rd responsible outdoor advertising facilities shall be monthly once more security checks and maintenance.

    Article 34th season, flood, snow, lightning, and other special times and circumstances, management responsibility security precautions people should take effective measures to strengthen safety management work to prevent the occurrence of accidents.

    35th to install outdoor advertising facilities for more than two years, management responsibility shall entrust a qualified test units according to the relevant technical standards for outdoor ads facilities and bases part of safety testing and safety inspection reports to the territorial administration of urban management.

    Article 36th reached the design life of outdoor advertising facilities shall be by removal of outdoor advertising facilities people. 37th on the security risks of outdoor advertising facilities management responsibilities should promptly eliminate security risks. When troubleshooting security risks during the effective safety and security measures should be taken to prevent the occurrence of accidents.

    Not rectify security incidents, resulting in personal injury or loss of property, management responsibility shall bear the corresponding legal responsibility.

    38th city administrative departments should strengthen supervision and inspection of safety of outdoor advertising facilities found that outdoor advertising facilities are unsafe, shall instruct the management responsibility to immediately exclude hidden or removed.

    The sixth chapter legal liability

    39th article violates this article 11th, 13th, 14th, 15th, 16th, in subparagraph (a), (b), 17th, 20th, the first paragraph of article, 23rd, 27th, urban management administration rectification; it fails to, impose a fine of 10,000 yuan to 30,000 yuan, and dismantling facilities.

    40th in violation of the provisions of article 12th, city Administrative Department in charge shall command clears, confiscation of goods and related tools, the actor and a fine of less than 300 yuan more than 1000 Yuan; for producers, managers at more than 10,000 yuan to 30,000 yuan fine, and may take measures to restrict the communication services.

    41st article violates this article 16th paragraph (c), (d) and (e), (f), (g) provisions of the administrative authority shall order rectification of urban management, overdue correction, legally removed, and a fine of 1000 to 2000 Yuan.

    42nd article violates this article 31st, 32nd, 33rd, 34th and 35th article, urban administration arm 5000 to 10,000 yuan fine.

    Article 43rd on the removal of outdoor advertising facilities according to law, management responsibilities shall, within the time limit prescribed by the Administrative Department of the city administration to remove; fails to dismantle, administrations can be legally dismantled the city administration, according to entrust professional enterprises to demolish, demolition costs borne by the management responsibilities.

    44th relevant administrative departments and their staff to install outdoor advertising facilities management of dereliction of duty, abuse of authority or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 45th these measures come into force on July 10, 2012. On March 1, 2006 Kunming Kunming city people's Government promulgated the provisions on administration of outdoor advertisements in city planning area (Kunming municipal people's Government, 61st) repealed simultaneously.