Shanghai Investigating Display Of Graffiti Depicting Dissemination Provisions

Original Language Title: 上海市查处乱张贴乱涂写乱刻画乱悬挂乱散发规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340845.shtml

Shanghai investigating display of graffiti depicting dissemination provisions

    (October 25, 2010 Shanghai Municipal People's Government Executive session of the 88th on November 15, 2010, released on January 1, 2011 the Shanghai Municipal People's Government, the 51st execution) article (purpose and basis)

    In order to maintain the amenities clean, stop posting, graffiti or random portrayal, suspension, and distributed, in accordance with the relevant provisions of the regulations of Shanghai Municipal city appearance and environmental sanitation administration, combined with the city's actual, these provisions are formulated.

    Article II (scope of application)

    This provision applies to this central city, Metro, central town and independent industrial and urbanized areas such as economic development zone.

    Article III (law enforcement department)

    City greening the city administration is responsible for implementation of this provision.

    The district (County) greening the city administration post responsible regional civil strife, chaos graffiti, portrayal, suspension, and disseminate the supervision and administration of the Act.

    Municipal, district (County) City Administration Department (hereinafter referred to as law enforcement sector) in accordance with the post, graffiti, portrayal, suspended, chaotic implementation of administrative punishment for dissemination.

    Fourth (General provisions)

    Any unit or individual should maintain the trees and the buildings, structures or any other facilities clean, tidy, and to stop, report damages of their tidy behavior.

    Fifth (prohibited acts)

    Prohibition of trees and characterization, graffiti on a building, structure or other facility.

    Post, the authorisations in the trees or signs is prohibited. Forbidden to a building, structure or other facility on post, the authorisations or slogans.

    Due to special circumstances in the building, structures or any other facilities, authorisations or slogan was posted on temporary, shall be subject to the district (County) greening the City Administration approved and posted within the stipulated time or suspended and cleared in a timely manner after the expiration. Ban on major roads, commercial concentration areas, landscape areas, transportation hubs and other public places to disseminate business promotional items.

    Forbidding the distribution of specific areas determined by the municipal greening the city administration and made public.

    Sixth article (public Bill)

    Subdistrict offices, Township people's Governments shall, in neighborhood public bills bar, residential area, select the appropriate locations, and to strengthen day-to-day management.

    Sporadic poster public posters should be posted on the bar.

    Seventh (rights and obligations of the relevant units) All units shall keep the use and management of trees and buildings, structures or any other facilities clean and tidy.

    Found to be posting, graffiti, random portrayal, suspension, distributed, entitled to claim actor cleared in a timely manner, compensation for losses; it is hard to find the perpetrator, should be cleared.

    Greening the city administration found in the assigned area of a posting, graffiti, portrayal, suspension, dissemination, failed to clear, clear should be organized.

    Eighth (administrative penalties) Violation of the provisions of article fifth, ordered by the city law enforcement department clears who refuses to remove, clear, on behalf of the cost borne by the offence and penalty of between 50 Yuan and 500 Yuan.

    Or organizations posting, graffiti, portrait, suspended publication of, advertisements, posters, distribution and other forms of entities and individuals can be fined a maximum of between 100,000 yuan and 10,000 yuan.

    On behalf of the cost calculated in accordance with standards approved by the Municipal Department of prices.

    Nineth (moratorium on the number of communications tools used)

    On violation this provides free posted, and graffiti, and description, and hanging, and distributed advertisement, and slogans, in which announced communications tool number of, by District (County) city management administrative law enforcement sector notification communications tool number using people deadline accept processing; late not accept processing of, district (County) city management administrative law enforcement sector in made processing decided Hou submitted city city management administrative law enforcement sector, by city city management administrative law enforcement sector to written form notification city telecommunications management sector suspended its communications tool number of using.

    Municipal telecommunication administrative departments shall receive a written notice inform relevant telecommunications business enterprises after the implementation of this provision.

    Pause during a communication tool number, accepted the violations, city management, telecommunications management, administrative departments shall notify the sector to recover its numbers use of communication tools.

    Tenth (reconsideration and litigation)

    Party on greening the city administration or specific administrative act undertaken in the law enforcement sector, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

    Parties within the statutory time limit does not apply for reconsideration does not sue, or carry out a specific administrative act, specific administrative act of greening the city administration or law enforcement authorities may apply to a people's Court for compulsory execution.

    11th (obstruction)

    Insulted, beaten greening the city administration, the city law enforcement Department staff, or refuse, obstruct its implementation duties, violation of the People's Republic of China Law on administrative penalties for public security, be punished by public security departments; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    12th (violations of the law enforcement investigation) Greening the city administrators and city law enforcement officers should enforce the law impartially.

    On the abuse of power, favoritism, bribes, given an administrative sanction by the unit; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    13th (execution date) These provisions come into force on January 1, 2011. April 30, 1997, Shanghai Municipal People's Government, the 44th issue, November 30, 2007, the Shanghai Municipal People's Government, the 77th of the Shanghai Municipal People's Government on amendments to the aquaculture in Shanghai to protect 6 municipal government regulations, such as the detailed rules for the implementation of the provisions of decision amended Shanghai provisional regulations on prohibited posting graffiti depicting repealed simultaneously.