Nanchang, Nanchang City People's Government On The Revision Of The Decisions Of The Management Measures Of Outdoor Advertisements

Original Language Title: 南昌市人民政府关于修改《南昌市户外广告设置管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369171.shtml

Nanchang, Nanchang city people's Government on the revision of the decisions of the management measures of outdoor advertisements

    (January 6, 2012 1th meeting consideration of Nanchang city people's Government on January 31, 2012, 146th Nanchang city people's Government promulgated as of March 15, 2012) municipal decisions on the management of Nanchang city outdoors advertisement installation as follows:

    First, the addition of a, as a third: "outdoor advertising in these measures refers to commodity producers or service providers bear costs, introduced through certain media and forms of direct or indirect marketing of products or services provided by the following outdoor commercial advertising:

    (A) the use of outdoor advertising facilities publish advertisements;

    (B) the use of banners, banner advertisement published in the open air;

    (C) the use of wall's advertisements;

    (D) use cars, boats and other modes of transport publish advertisements;

    (E) the use of airships, balloons launch advertisement published;

    (Vi) publish other ads in the open air. "Outdoor advertising facilities in these measures, refers to the outdoor set specifically to advertising light boxes, neon signs, electronic display (brand) replica, electronic devices, such as Windows, advertising-material carrier.

    ”

    Second, the relevant provisions of these measures in the "appearance and environment administrations" amended to read "city management authorities"; "planning and administration" is amended as "urban planning departments."

    Three, fifth to sixth, the third paragraph is amended as: "the urban management authorities shall, according to install outdoor advertising facilities planning and urban appearance standards, preparation of technical specification of outdoor advertising facilities; one paragraph is added, as a fourth paragraph:" no units or individuals shall comply with the technical specification of outdoor advertising facilities planning and ".

    Four, 11th to 12th, first paragraph, second paragraph: "installation of outdoor advertising, setting should apply to city management authorities, and submit the following materials:

    (A) the application;

    (B) the right to use outdoor advertising location documents;

    (C) outdoor advertising location diagram and the effect diagram;

    (D) issued by qualified professional design of structure design and construction data sheet and application chart;

    (E) laws, regulations, rules and regulations of the other materials. "City Management Department within 3 working days from the receipt of approval or disapproval of a written decision, be permitted, outdoor advertisements issued license; no permission, and shall state the reasons in writing. Which, in important places, large outdoor advertising on both sides of major roads, urban management authorities shall be submitted to the municipal people's Government, then make a decision. Any unit and individual shall forge, alter, lease, lend, resell or otherwise transfer of outdoors advertisement installation license.

    ”

    Five, add one, as the 13th: "set up temporary outdoor advertising, set to city management authorities should submit the following documents:

    (A) the application;

    (B) outdoor advertising location, form, amount, extent;

    (C) laws, regulations, rules and regulations of the other materials. "City Management Department within 1 business day from the date of receipt of approval or disapproval of a written decision, be permitted, outdoor advertisements issued license; no permission, and shall state the reasons in writing.

    ”

    Six, 12th to 14th and amended as: "outdoor advertising without permission, setting should be in accordance with the approved locations, specifications, quantity, time, style, material settings shall not be changed without authorization; alteration shall be in accordance with the original license procedures change. "Outdoor advertising facilities shall be made outdoors advertisement installation license within 6 months from the date you have set.

    ”

    Seven, add one, as the 15th: "outdoor advertising facilities shall not be left vacant, advertisement not later than 15th of outdoor advertising facilities shall be based on public service advertising supplement. "In terms of outdoor advertising facilities, outdoor advertisements should be published in accordance with the relevant provisions a number or percentage of public service announcements.

    ”

    Eight, and increased a article, as 22nd article: "outdoor advertising facilities of set who should regularly or according to mutation climate on outdoor advertising facilities for security checks, guarantee outdoor advertising facilities of security and firm, set who annual should on outdoor advertising facilities for security detection, and will detection results told city city management competent sector; security checks or detection not qualified of, should timely rectification, reached security requirements. "Install outdoor advertising facilities shall be based on safety management of outdoor advertising outdoor advertising public liability insurance coverage.

    ”

    Article nine, 20th to 24th, two, as the fourth item, the Fifth:

    "(D) the vacancy of outdoor advertising facilities, not to advertise more than 15th supplementary public service ads, a rectification; fails, fined a maximum of between 3000 and 1000 Yuan; (E) in accordance with the provisions of outdoor advertisements lighting time switch, a rectification; fails, fined a maximum of between 1000 Yuan and 200 Yuan.

    ”

    Ten, 22nd to 26th and amended as: "the city management department or other relevant departments who violate these rules, any of the following acts, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) an applicant who does not meet the requirements to grant permission or beyond the statutory authority of the license;

    (B) the eligible applicant is not licensed or not licensed within the statutory deadline;

    (C) found the violations do not promptly investigated; (d) ask for and accept other people's property, or seeking other interests; (E) other acts that do not perform their duties in accordance with this regulation.

    ”

    In addition, the part of the text has been modified, the clause order was adjusted accordingly.

    This decision shall take effect on March 15, 2012.

    The Nanchang city outdoors advertisement installation management measures under this decision be revised and republished.

    Attachment: Nanchang city outdoors advertisement installation management (revised 2012) (March 28, 2006, municipal people's Government, the 112th release, as of May 1, 2006; on January 31, 2012 municipal people's Government, the 146th modification)

    First in order to strengthen the management of outdoor advertisements, and beautification of the environment, in accordance with the People's Republic of China advertisement law, the regulations on outdoor advertisement management in Jiangxi province, Nanchang city appearance and environmental sanitation regulations and other laws and regulations of, combined with the city's actual, these measures are formulated.

    Second city planning set up, supervision and management of the local outdoor advertising, these measures shall apply.

    Outdoor advertising registration, content review, supervision and management in accordance with the People's Republic of China advertisement law and regulations of the relevant rules and regulations.

    Third outdoor advertising in these measures refers to commodity producers or service providers bear costs, introduced through certain media and forms of direct or indirect marketing of products or services provided by the following outdoor commercial advertising:

    (A) the use of outdoor advertising facilities publish advertisements;

    (B) the use of banners, banner advertisement published in the open air;

    (C) the use of wall's advertisements;

    (D) use cars, boats and other modes of transport publish advertisements;

    (E) the use of airships, balloons launch advertisement published;

    (Vi) publish other ads in the open air.

    Outdoor advertising facilities in these measures, refers to the outdoor set specifically to advertising light boxes, neon signs, electronic display (brand) replica, electronic devices, such as Windows, advertising-material carrier.

    Fourth of municipal city management authorities responsible for the appearance of the city outdoors advertisement installation supervision management and general coordination; urban management authorities in accordance with administrative privileges is responsible for the supervision and administration of outdoor advertisements within the jurisdiction of the cityscape.

    Urban and rural planning authorities are responsible for outdoor advertising arrangement plan administration.

    Industrial and commercial authorities according to their respective duties, is responsible for the supervision and administration of outdoor advertisements management.

    Fifth installation of outdoor advertisement should follow a unified planning, rational distribution, handsome in appearance, solid security principles.

    Sixth of municipal urban management Department shall, in conjunction with the urban and rural planning, trade and industry, landscaping, housing, environmental protection, public security, transportation and other relevant departments of the city outdoors advertisement installation plan, submitted to the municipal people's Government promulgated after approval.

    Install outdoor advertising facilities planning should include outdoor advertising facilities conditions, location, type, scale, size, duration and other major content.             

    City Management Department according to install outdoor advertising facilities planning and urban appearance standards, preparation of technical specification of outdoor advertising facilities.

    Any unit and individual outdoor advertising facilities shall comply with the plans and specifications.

    Seventh of municipal city management authorities in the development of outdoor advertising facilities planning and technical specifications, should solicit opinions extensively.

    Article eighth set of outdoor advertising, outdoor advertising facilities shall comply with the plans and specifications.

    Any of the following circumstances, it may not set up outdoor advertising:

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

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

    (C) production or damage to life, appearance city appearance;

    (D) the State organs, cultural relics protection units and places of scenic spots of construction control areas;

    (E) the municipal area of the outdoor advertising ban. Nineth installation of outdoor advertising facilities of or use of facilities can be obtained through public bidding, auction, agreements or any other means. Installation of outdoor advertising facilities in public venues, access to public facilities should be obtained through bidding, auction or other forms of open competition.

    Public space, public facilities and the specific measures for bidding, auction, developed separately by the municipal people's Government.
Article tenth installation of outdoor advertising facilities planning approval formalities according to law should be in accordance with the law.

    In accordance with these measures Nineth provides access to public spaces, use of public facilities, treated as has been related to planning and approval procedures. 11th in a public place or public facilities set on the outdoor advertising facilities, the use of a period not to exceed 5 years.        

    Require the extension of the expiry time limit is set, set the user shall before the expiry of the set period 30th extension with the original approval authority.

    Due to hold large-scale cultural, sporting and charitable activities or to organize various trade fairs, exhibitions and other activities set up temporary outdoor advertising facilities, setting should be removed two days after completion of the activity.

    12th outdoor advertising section, settings should apply to city management authorities, and submit the following materials:

    (A) the application;

    (B) the right to use outdoor advertising location documents;

    (C) outdoor advertising location diagram and the effect diagram;

    (D) issued by qualified professional design of structure design and construction data sheet and application chart;

    (E) laws, regulations, rules and regulations of the other materials. City Management Department within 3 working days from the receipt of approval or disapproval of a written decision, be permitted, outdoor advertisements issued license; no permission, and shall state the reasons in writing. Which, in important places, large outdoor advertising on both sides of major roads, urban management authorities shall be submitted to the municipal people's Government, then make a decision.

    Any unit and individual shall forge, alter, lease, lend, resell or otherwise transfer of outdoors advertisement installation license.

    Outdoor advertising standards determined by the urban management authorities and to the public.

    13th set up temporary outdoor advertisement, set to city management authorities should submit the following documents:

    (A) the application;

    (B) outdoor advertising location, form, amount, extent;

    (C) laws, regulations, rules and regulations of the other materials.

    City Management Department within 1 business day from the date of receipt of approval or disapproval of a written decision, be permitted, outdoor advertisements issued license; no permission, and shall state the reasons in writing.

    14th as outdoor advertising permits, setting should be in accordance with the approved locations, specifications, quantity, time, style, material settings shall not be changed without authorization; alteration shall be in accordance with the original license procedures change.

    Outdoor advertising facilities shall be made outdoors advertisement installation license within 6 months from the date you have set.

    15th of outdoor advertising facilities shall not be left vacant, advertisement not later than 15th of outdoor advertising facilities shall be based on public service advertising supplement.

    Outdoor advertising facilities, outdoor advertisements should be published in accordance with the relevant provisions a number or percentage of public service announcements. 16th need in posts, hanging outdoor advertising units and individuals shall be approved by the departments concerned in setting public bulletin boards, announcements columns, billboards and billboards, window poster, hanging. Really necessary in the other building, structure and posted on other facilities, suspension shall be approved by the urban management authorities, and in accordance with the approved posting place, time, suspension.

    Approval shall be cleared in a timely manner after the expiration.

    Prohibition of the pole, tree, living on corridor graffiti or portrayal, outdoor advertisements.

    Use banners, inflatable outdoor advertising cannot be set across the street. 

    Using outdoor advertising balloons, shall abide by the relevant State provisions and the management of captive balloons.

    Article 17th outdoor advertising in and around residential areas, to avoid noise pollution, light pollution, should not affect the ventilation, lighting.

    18th use shelters, bus stop and station entrances outdoor advertising and other public transport facilities, shall not affect recognition and blocking traffic.

    Article 19th outdoor advertising using various types of Poles, every set of up to two sites, one on each side and shall be without prejudice to road traffic safety in the line of sight; the same section should be the model, color, height, towards consensus.

    20th night lighting of outdoor advertisement configuration, lighting should be maintained in good condition, and within the prescribed time the switch lighting.

    21st install outdoor advertising facilities shall strengthen the maintenance of outdoor advertising and its facilities, incomplete damaged, bleaching, font effects, such as appearance or safety shall be timely maintenance updates.

    22nd install outdoor advertising facilities shall be regular or outdoor advertisement facilities according to abrupt climate security, guarantee the security and strong outdoor advertising facilities, set the safety testing of outdoor advertising facilities should be conducted annually and communicate test results to the city management authorities; safety check or fail to pass the test, should be timely rectification, meets safety requirements.

    Install outdoor advertising facilities shall be based on safety management of outdoor advertising outdoor advertising public liability insurance coverage.

    23rd due to urban development or public interest, the Department concerned shall be altered or removed in accordance with installation of outdoor advertising, outdoor advertising is set to cause a loss, should be compensated according to law.

    Article 24th of the following acts in violation of these regulations, the municipal urban Administration Department in accordance with the following provisions:

    (A) unauthorized setting affects the appearance of outdoor advertising, ordered to stop the illegal activities, dismantle or take other remedial measures, and punishable by a fine of 10,000 yuan;

    (B) unauthorized posting on the buildings, structures and other facilities, suspension of outdoor advertising or live in trees, telephone poles, scribbling on the corridor, depicting outdoor advertising, shall be ordered to correct violations and give a warning, and may impose a fine of less than 300 yuan and 500 Yuan;

    (C) outdoor advertising and its incomplete facilities damaged, discolored, font, city, ordered to repair fails to repair the, ordered dismantled, and punishable with a penalty of 200 Yuan more than 1000;

    (D) outdoor advertising facilities left vacant, not to advertise more than 15th supplementary public service ads, a rectification; fails, fined a maximum of between 3000 and 1000 Yuan;

    (E) in accordance with the provisions of outdoor advertisements lighting time switch, a rectification; fails, fined a maximum of between 1000 Yuan and 200 Yuan.

    25th acts in violation of these measures by other administration punishment according to law and by the relevant administrative departments shall punish.

    Article 26th city management authorities or of any other relevant departments who violate these rules, any of the following acts, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) an applicant who does not meet the requirements to grant permission or beyond the statutory authority of the license;

    (B) the eligible applicant is not licensed or not licensed within the statutory deadline;

    (C) found the violations do not promptly investigated; (d) ask for and accept other people's property, or seeking other interests;

    (E) other acts that do not perform their duties in accordance with this regulation. 27th article this way come into force on May 1, 2006.