Changsha City Outdoors Advertisement Installation Management

Original Language Title: 长沙市户外广告设置管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264170.shtml

Changsha city outdoors advertisement installation management

    (April 9, 2010 the 13th session of the Standing Committee of the people's Government of the 30th review in Changsha on July 15, 2010 108th Changsha city people's Government promulgated as of September 1, 2010) Chapter I General provisions

    First to strengthen the city outdoors advertisement installation management, regulate outdoor advertising arrangement, creating a clean, beautiful environment, in accordance with the People's Republic of China advertisement law, the city appearance and environmental sanitation regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II the city outdoors advertisement installation and related management activities within, these measures shall apply.

    Following through the city and County (City) level administrative areas of important roads and highways and special areas of outdoor advertisements and related management, according to the provisions of these measures:

    (A) along the airport Expressway, Beltway Expressway;

    (B) long wing high-speed, Chang-Yi Expressway, Beijing-Zhuhai Expressway, flanked the West Expressway along the Changsha section;

    (C) the airport and its surroundings;

    (Iv) other cross city, County (City) level administrative regions major roads, road and special zone.

    Third outdoor advertisements in these measures refers to directly or indirectly describe the product, service or publication of public content purpose attached to outdoor space, space, water, building (structure) Act of outdoor advertising facilities.

    Install outdoor advertising facilities in these measures mainly include:

    (A)-independent support: the use of urban land, brackets or supports directly setting the advertising facilities, billboards, light boxes, such as the column, an independent advertising poster column (column) and electronic displays;

    (B) the tethered type: carrier advertising tied to pull attached to the facility, such as model, balloon, fabric width and Arch;

    (C) suspension attached: refers to the connected fixture placement, lifting or hanging in advertisements carried by set, such as neon lights, glowing font, display panels, electronic-device, overhanging advertising, hanging under the eaves, knives, banner ads and other ads;

    (D) framed painting: mosaic, drawing, painting in advertisements carried by set, such as mural advertising, embedded electronic screens;

    (E) in the air, the water the advertising use of mobile facilities, transport facilities, such as airships, hot air balloon advertising, shipping advertising and other ads;

    (Vi) other uses of new materials or technology of advertising measures for facilities such as laser beams, the light patterns and so on.

    Fourth city Administrative Department is responsible for managing the administration of outdoor advertisements.

    Urban Planning Administration Department is responsible for the Organization of outdoor advertising arrangement plan preparation and implementation management.

    Administration of industry and commerce is responsible for the registration administration of outdoor advertising.

    District people's Government and the police, transportation, utilities, construction, fire protection and other administrative departments according to their respective duties, in collaboration with the administration of outdoor advertisements.

    Chapter planning

    Fifth compilation of outdoor advertising arrangement plan, provisions should comply with the overall urban planning and urban appearance, insisted on total control, rational layout, be adapted to urban regional planning function, harmony with the surrounding environment.

    Sixth, one of the following circumstances, outdoor advertising ban:

    (A) without planning permission, unauthorized building (structures) set at the top;

    (B) use of glass Wall Street buildings (face) by hanging and pasting settings;

    (C) using the set or sets of roadside trees will result in green space damaged;

    (D) use, traffic signs and traffic safety facilities in addition to buses, ships, and other means of transport are set up as;

    (E) set the behavioral effects of municipal public utilities, traffic safety facilities, traffic sign used or power operation, fire safety;

    (F) setting behavior without changing the fabric, style and color of buildings;

    (VII) in State organs, cultural relics protection units of construction control areas and core scenic spot in yuelu mountain scenic area (Lushan scenic area, tianmashan scenic spot, Orange Island scenic yuelu Academy and between the arches arches on each side of the road 30 meter) set up;

    (H) in the city square, the urban landscape, Park, school zones, residential areas, residential setting;

    (IX) use of viaducts, flyovers, pedestrian bridge, the city's iconic buildings (structures) buildings, street lighting poles, power poles, transformer distribution boxes and special facilities for the disabled and other settings;

    (10) other circumstances as stipulated by the municipal people's Government.

    Seventh, outdoor advertising arrangement plan divided into outdoor advertising settings master planning and detailed planning of outdoor advertisements.

    Preparation of the master plan of outdoor advertisements shall clearly stipulate the following:

    (A) principles of outdoor advertisements, and common technical standards;

    (B) the zoning plan, milestones, and feature control requirements;

    (C) the overall planning, implementation and management requirements;

    (D) other contents and requirements need to be incorporated into the preparation of the master plan. Urban trunk roads, primary and secondary focus areas, outdoor advertising arrangement plan shall be compiled in important areas, outdoor advertising arrangement plan of outdoor advertising facilities shall be clearly stipulated the number, location, form, size, content, views on its texture, color, and other propositions.

    Other roads, lots, an area of the city, could be prepared outdoors advertisement installation plan as needed.

    Outdoor setting for eighth overall planning and outdoor advertising arrangement plan managed by the urban planning Administration Department in conjunction with the city administration, the municipal administration for industry and commerce organizations, submitted to the municipal people's Government and the public.

    Nineth compilation of outdoor advertising arrangement plan should be open for all sectors of the community.

    Draft planning units and individual sites, building (structures), municipal planning administrative departments shall obtain owner's consent and signed an agreement on specific matters in the planning and implementation.

    When preparing the outdoor advertising arrangement plan, should be sought, public security, transportation, utilities and construction administrative departments and district and County (City) Government's views.

    Article tenth outdoor advertising arrangement plan approval, following the publication of urban planning Administration Department should be open on its Government website, free for public inspection.

    11th outdoor advertising arrangement plan approved, published, without authorization, no unit or individual is allowed to adjust special circumstances really necessary adjustments, should be carried out according to the original planning approval process.

    12th outdoor advertising arrangement plan planning administrative departments should strengthen the supervision and inspection of the implementation.

    Chapter III sets up approval

    13th outdoor advertising articles shall comply with the outdoor advertising arrangement plan, any unit and individual is prohibited outdoor advertising in violation of planning permission.

    Outdoor advertising article 14th shall be in accordance with the laws and regulations made, approved by the city administration, and approval procedures.

    15th when they apply for installation of outdoor advertising, to the municipal administration of urban management should submit the following materials:

    (A) the application;

    (B) outdoor advertisements set-up in the identity documents of the applicant;

    (C) the proof of right to use outdoor advertising location;

    (D) the number of outdoor advertising facilities, location, forms, specifications, material, shape and description of security;

    (E) proposed to establish the effect of outdoor advertising facilities;

    (F) the laws, regulations and other regulations should be submitted material.

    Unit and individual venues, building (structure) of outdoor commercial advertising applications, should also be submitted to the city planning administration of the agreement with the owner of text.

    16th application for the establishment of independent support for outdoor advertising and building (structures) outdoor advertising on the wall, city management Administrative Department shall, without delay, planning administrative departments to provide written comments, urban planning Administration Department shall within 5 working days from the date of receipt of materials written review.

    17th use the municipal and district governments to invest or to city, City District Government investment-building roads, public facilities such as roads, public green spaces, as well as building (structure) of outdoor commercial advertising structures, location of use should be obtained through bidding, auction and open competition means, with proceeds all turned over to the financial.

    18th bidding and auction of outdoor commercial advertisement location of tenure, managed by the city administration, in conjunction with city planning, business, finance, price reform, monitoring administration departments to develop programme implementation.

    Bidding, auction location outdoor commercial advertising use shall comply with the relevant legal provisions and regulations. 19th of municipal urban management administration of outdoor advertisements should be written review of application materials submitted by the applicant, the application materials are incomplete or do not comply with the statutory format, it shall inform the applicant or once in the 5th supplement all materials on application materials are complete and shall issue notice of acceptance, and to make decisions within 15th date of acceptance.

    To meet the requirements of planning and urban appearance, issuance of outdoors advertisement installation documents, and on the 3rd days of certification will inform the administration of comprehensive urban management enforcement agencies on licensing matters; does not meet the requirements of planning and urban appearance, no permission, and to state the reason in writing.

    Article 20th outdoor advertising documents should include the following:

    (A) the name of the outdoor advertising arrangement;

    (B) set a deadline;

    (C) specific location;

    (D) the number of outdoor advertising facilities, form, size, texture, shape, etc;

    (E) the approval authority, the date of approval and the approval number;

    (Vi) other matters that should be stated.

    21st outdoor advertising set a deadline of no more than 3 years.

    Bidding and auction of outdoors advertisement installation location use the term shall not be longer than the period set in the preceding paragraph.
22nd outdoor advertisements shall approve outdoor advertising arrangement documents provided for installation of outdoor advertising facilities, and mention the outdoor advertising arrangement document number.

    Article 23rd installing outdoor advertising facilities shall conform to the safety requirements of outdoor advertising facilities.

    Outdoor advertisements should outdoor advertising facilities are regularly safety inspections, promptly eliminate security risks and risks excluded during set up warning signs, and to prevent accidents in case of inclement weather should take safety precautions in time.

    Outdoor advertising set up for outdoor advertising facilities shall be maintained and appears incomplete, damaged, severely faded, lighting displays are not congruent, shall promptly repair or demolition.

    There are significant security implications of outdoor advertising facilities, recognized by the construction Administration Department, ordered demolition of decision by the Administrative Department of urban management, outdoor advertisements must be removed within the prescribed period.

    Article 24th of outdoors advertisement installation documents has been made according to law, parties may apply to the Administrative Department for industry and commerce registration of outdoor advertising.

    Outdoor advertising registration deadline approved by the Administrative Department for industry and commerce shall be in outdoor advertisements within the effective period stipulated in the documents.

    25th outdoor advertising approved facility, during the period of valid settings, outdoor advertisements set-up in people's lawful rights and interests are protected by law.

    Adjustments for outdoor advertising arrangement plan or public interests need to be removed, the city administration Administrative Department shall make a written decision, outdoor advertising setting must be removed within the period specified; outdoor advertisements and the losses caused, by the decision of the Administration Department in accordance with the relevant provisions of compensation, compensation funds by financial guarantees.

    Because business development requires removal of outdoor advertising facilities, outdoor advertisements and the loss, be compensated by the development units.

    Outdoor advertising set to expire, outdoor advertisements should be within the expiration date of 10th removal of outdoor advertising facilities, but can continue to use and new outdoor advertisements people have agreed otherwise.

    The fourth chapter public service advertising and temporary outdoor advertising to provide

    26th in the outdoor public service advertising facility can only publish public service advertising content shall not publish any form of commercial advertising.

    In terms of outdoor advertising facilities, outdoor advertising arrangement shall, in accordance with the relevant provisions of release a number or percentage of public service announcements.

    Outdoor advertisement facilities idle for more than the 10th, shall issue public service announcements.

    27th to organize cultural, sports, commodities trading, product sales, publicity and education, celebrations and other activities, you need to set up a temporary outdoor advertising, organized by activity or administration of outdoor advertisements to the City Management Department apply by the municipal administration of urban management authorities and the approval of the Administrative Department for industry and commerce, in accordance with the approved locations, set deadlines and requirements.

    Temporary outdoor advertisements in General, the term provided for in the preceding paragraph not later than 3rd, and can extend as needed in case of big events, but not longer than 10th, removal of must within the period 1st.

    28th construction sites can only be set on the entity surrounding temporary outdoor advertising publicity of their project, setting a deadline should not be longer than legally approved construction period, set the height of 3 metres and not more than solid wall height.

    29th applying for temporary outdoor advertising to the municipal administration of urban management should submit the following materials:

    (A) the application;

    (B) temporary outdoor advertisements set-up in the identity documents of the applicant;

    (C) temporary outdoor advertising facilities set the position, type, amount, extent;

    (D) the laws, regulations and other regulations should be submitted material.

    30th of municipal urban management administration should accept a temporary outdoor advertisements within 3 working days from the date of filing to make a decision.

    The fifth chapter legal liability

    31st outdoor advertisements in violation of these rules, any of the following acts, comprehensive administrative law enforcement organs by the city administration in accordance with the city appearance and environmental sanitation administration regulations dealing with:

    (A) in violation of these regulations article 14th, does not get the outdoor set an approval, unauthorized installation of outdoor advertising facilities;

    (B) the breach of paragraph II of this article 23rd, outdoor advertisements for does not carry out maintenance responsibilities.

    Article 32nd outdoor advertisements in violation of these rules, any of the following acts, by the administration of comprehensive urban management enforcement authority in accordance with the following provisions:

    (A) in violation of the provisions of this article 22nd, no approvals as the outdoor advertising arrangement documents require installation of outdoor advertising facilities, a rectification; fails to mend up, torn down according to law, fined a maximum of between 10000 and 5000 Yuan; did not mention the outdoor advertising arrangement document number, rectification, and concurrently impose a fine of 3000 Yuan.

    (B) violation of the second paragraph of this article 25th, fourth paragraph, outdoor advertisements set-up in overdue removal of outdoor advertising facilities, torn down according to law, and fined a maximum of between 10000 and 5000 Yuan;

    (C) in violation of these regulations article 26th, outdoor advertising arrangement is not in accordance with the relevant provisions of the State release a number or percentage of public service ads, a rectification; idle period of outdoor advertising facilities than 10th unpublished public service ads, a rectification, it fails to mend, of 3000 Yuan fine.

    (D) violation of these measures article 27th, set up a temporary outdoor advertising without permission, a rectification, it fails to mend, torn down by law, and subject to a 2000; temporary removal of outdoor advertising more than setting a deadline does not, torn down by law, and subject to a 2000.

    (E) violate article 28th of these measures, without authorization, a temporary outdoor advertising on construction site, rectification, it fails to mend, torn down by law, and subject to a 2000.

    Force the demolition of the costs borne by the outdoor advertisements set-up in accordance with law.

    Article 33rd person outdoor advertising outdoor advertising when documents are set, no outdoor advertising registration law, unauthorized release of outdoor advertising, legally punished by the Administration for industry and commerce.

    34th fall, collapse, damage of outdoor advertising facilities, resulting in personal injury or property damage, person liable according to law by the outdoor advertising Setup.

    35th in the management of outdoor advertisements, insults, assault on the administration of comprehensive urban management enforcement personnel or obstruct their performance of official duties, shall be given administrative penalties for public security and punishment according to law constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 36th disobey article 17th, not through public bidding, auctions and open competition means disposal of right to use outdoor advertising location, and lawfully investigate the relevant responsible persons of administrative responsibility.

    37th Administrative Department shall establish and improve the management of the city outdoors advertisement installation supervision, licensing, supervision and inspection and processing of the results shall be documented and shall be made public.

    Comprehensive administrative law enforcement organs should strengthen the management of the city outdoors advertisement installation violation investigation.

    Outdoor advertisement Provisional Regional people's Governments shall strengthen the set of regular supervision.

    Administration of urban management, urban management comprehensive administrative law enforcement organs and the district people's Government because of lack of supervision led to accidents, adverse social effects, by the municipal people's Government leaders and the persons responsible prosecuted administratively.

    Article 38th in the management of outdoor advertisements and related administrative departments and dereliction of duty, abuse of power, favoritism, and accountability by the higher authorities or municipal people's Government, the responsibilities to be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    39th counties (cities) where the people's Governments of towns and other areas in accordance with the measures of implementing urbanization management implementation. 40th these measures shall come into force on September 1, 2010. The Changsha urban outdoor advertisement management implementation measures and the Changsha city outdoor advertisement provisional measures for the auctioning of the right abolished at the same time.