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Interim Provisions For Comprehensive Urban Management Enforcement In Lanzhou City

Original Language Title: 兰州市城市管理综合执法暂行规定

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(Summit No. 23 of the Government of the Lands of 1 December 2005 to consider the adoption of Decree No. [2005] of 8 December 2005 by the Order of the People's Government of the State of the Interior, No. 9 of 1 February 2006)

Chapter I General
In order to strengthen urban management and regulate integrated urban administration, this provision is based on the National People's Republic of China's Administrative Punishment Act, the Department of State's Decision on the Comprehensive Progress of the Implementation of the Law on the Administration of Justice and the State Department's decision to further the focus on administrative penalties and the relevant legal, regulatory provisions.
Article 2 states that integrated urban management law enforcement refers to administrative and administrative penalties for urban management, in part and in part, in accordance with the relevant laws, regulations and regulations.
Article 3. This provision applies to the establishment of urban areas within the city's administration, urban planning zones, townships in remote suburbs, other construction townships and integrated urban management within various development areas.
This provision has clearly been centralized by the executive law enforcement authorities in the exercise of administrative penalties, which may not be exercised by the relevant administrative organs and legal, regulatory and regulatory organs; and administrative penalties are still in place.
Article IV governs the principle of integration with the designated jurisdiction by two governments, three levels of management, unity of leadership, divisional responsibility and territorial jurisdiction.
In urban management, complex areas can be established and piloted by mass plumbing systems, employing a number of mass mediators, assisting urban management integrated law enforcement agencies in general oversight, management activities. Specific approaches are presented by the Municipal Administration's Office for specific programmes to be followed by the approval of the municipal government.
Article 5 Integrated urban management provisions of the Administrative Law Enforcement Authority are included in the same fiscal budget and are guaranteed.
Remuneration and forfeiture into the collection system must be paid in full.
Article 6 establishes a system of urban management reporting complaints.
Any unit and individual shall be entitled to report and complain to the relevant administrative authorities; the relevant authorities shall carefully receive reports and complaints, promptly investigate the issues of reporting and complaints and provide feedback to the reporting and complainants.
(i) Violations of urban management provisions by units and individuals;
(ii) The Administrative Law Enforcement Bureau and its law enforcement officers are inviolable and inaction in integrated urban administration.
Article 7. Civil, legal and other organizations should cooperate with integrated urban administration, be administered, without denying or impeding the exercise of their duties by integrated urban management law enforcement officials.
Chapter II
Article 8. The Municipal Administration is the executive authority for integrated urban management. The municipal administration enforcement team, affiliated with the municipal administration, is entrusted with the specific work of urban management that is relatively focused on administrative penalties.
The municipal administrations perform the following duties:
(i) Organizing the implementation of this provision;
(ii) To study the deployment of integrated urban management efforts across the city and to organize, coordinate, guide, monitor and inspect integrated urban management enforcement;
(iii) The relative concentration of administrative penalties across the city;
(iv) Harmonization of movement control, command of major integrated urban management activities and specialization of governance activities;
(v) Other responsibilities under the municipal government.
Article 9 is responsible for or participating in the management of the following matters:
(i) An integrated administration of out-of-urban advertisements, a unified planning, rationalization, integrated coordination and approval of urban outpatient advertisements, which should seek advice from the municipal authorities prior to approval;
(ii) A joint study with the municipal public security transport sector, the city-building administrative authorities on the development of town gates, seven Rivers, Annin, and the planning of mobile and non-modile vehicle parking sites in the main neighbourhoods of the West Intang area (points) for post-commune government approval;
(iii) Pre-review of the wide range of public security authorities responsible for the approval of the various large-scale assembly activities, with specific advice on the preservation of the city's environment, the temporary occupation of municipal works facilities, and roads other than the temporary occupancy of vehicles; and that the public security sector should communicate the activity in writing to the municipal executive branch prior to the approval of a wide variety of conferences;
(iv) The division of labour with the construction of administrative authorities and the public security transport sector, in collaboration with each other, is responsible for the management of temporary occupation of urban roads and municipal utilities, and will inform each other of the approval process:
1) The temporary occupancy of the road outside of the vehicle line is authorized by the Administrative Enforcement Agency;
2 In the interim occupancy of vehicles, the public safety transport sector is responsible for approval;
The temporary occupation of urban roads and municipal utilities facilities by construction of administrative authorities;
In parallel, the occupancy of vehicles, roads outside the bush and other municipal public-use facilities is led by the Administrative Law Enforcement Authority, which is jointly researched with the construction of administrative authorities and the public safety transport sector.
Article 10 Regional and district administrations perform administrative responsibilities for integrated urban administration in the districts and district administrations and are guided and monitored by the operation of the municipal administration.
The district, district administration and district administration enforcement units, affiliated with the District Administration, are entrusted with the specific work of urban management in the district and district administrations that are relatively concentrated in administrative penalties.
Two or more districts, district administrative law enforcement offices have jurisdictional disputes when they are found guilty of a violation, either by the municipal administration law enforcement authorities; violations that should be investigated by district, district administrative law enforcement offices, where district administrative law enforcement authorities have not been identified, and the municipal administration law enforcement authorities may be responsible for their investigation, or may be directly identified or coordinated, organized and district administration.
Article 11. Administrative authorities and related units, such as municipalities, districts, district construction, parking forests, environmental protection, planning, business, public safety, transport, etc., should be complemented by integrated urban administration enforcement efforts in urban administration.
The municipal, district and district public security authorities have deployed to the same level of administrative law enforcement to the integrated urban administration and to assist and guarantee the functioning of urban administration law enforcement officials in accordance with the law, to investigate in a timely manner violations of the law on violence and impede the enforcement of public services.
Article 12 Violations by the Administrative Law Enforcement Bureau, which require technical recognition of the violation, shall be communicated in writing to the relevant authorities. The relevant departments should conduct technical identification within the statutory time frame, conduct technical validation within five working days of the date of receipt of the notification and inform the Administrative Law Enforcement Authority in writing of the findings.
In the case of violations committed by the Administrative Law Enforcement Bureau, the law, regulations and regulations may be supplemented by administrative penalties and shall be communicated in writing within three working days.
Article 13 provides for the establishment of a joint mechanism with the same-tier-building, parking, environmental planning, business, public safety, transport and administrative authorities.
The joint meetings should be held on a regular basis. However, in the event of urgent matters, it may also be convened on a temporary basis, with the consent of the municipal government. The joint meeting was organized by the Administrative Law Enforcement Bureau and chaired by the Director.
The following matters of integrated urban management law enforcement should be submitted to the joint meeting studies:
(i) Matters relating to the management of two and more administrative authorities;
(ii) Significant law enforcement activities requiring collaboration between the relevant administrative authorities and specialization of governance activities;
(iii) Unification of important matters, in coordination among sectors;
(iv) Matters relating to administrative compensation or administrative compensation;
(v) Other matters requiring briefings and research decisions.
Article 14. The municipal, district and district administration authorities should establish a system of mutual notification with the same levels of construction, parking, environmental protection, planning, business, public safety, transport, etc.
Significant administrative sanctions decisions, other relevant decisions and matters requiring collaboration by other administrative authorities should be communicated in writing to relevant administrative authorities within five working days.
Other administrative authorities should be informed, in writing, of matters relating to the approval of licences, the administration of administrative sanctions and cooperation by the Administrative Law Enforcement Authority.
Article 15. Integrated urban management enforcement should strictly adhere to statutory procedures and ensure procedural justice.
In the course of law enforcement, law enforcement officers of the Administrative Law Enforcement Authority should avoid any person, close relatives or other relationship with the party in the present case, which may affect the fair handling of the case.
The parties have the right to request the removal of administrative law enforcement officials listed in the previous paragraph.
Chapter III Integrated law enforcement
Article 16, in violation of the provisions of urban urban rural and sanitation management, has one of the following acts of a change in the period of time, which is sanctioned in accordance with the relevant provisions of the Metropolitan Municipalities of the State of the Interior and the Regional Constraints in the city of the State of Land:
(i) In parallel with chewings, incests, papers, cigarettes, etc., as well as fires from high altitudes or from construction (construction), vehicle feeds and water;
(ii) In the wall wall, pyrethroids, manoeuvres, or unauthorized hidings and posters;
(iii) Abductor or livestock breeding, and avian impact on rural sanitation;
(iv) The installation of air conditioning equipment at the street building, the installation of closed fires, the establishment of a sheltered rainy tent and safety protection net is not in accordance with the relevant provisions;
(v) Transport tools are fragmented, tacticed or transported liquids, loads and wastes that are not sealed, directed and covered;
(vi) No provision of time, place, dumping, disposal, treatment of garbage, distributing paper money in the urban area, burning of trees and other blends and failure to fulfil the hygienic obligation of the hygienic area;
(vii) Road construction sites are not structured in accordance with the provision of a fence, the perimeter wall, the construction operation on-site fire, cement, drainage or the need for precautionary measures, and the parking sites are not collated and provided with the necessary coverage, and temporary buildings, facilities, such as completion of the works, the completion of the operation, the non-time cleaning of the entire site and the dismantling of the yards, affect the urban environment;
(viii) In the urban road and its two sides, public sites and facilities, with the construction of (construction) construction or other facilities, the laundering of mobile vehicles and the carrying out of hijacking operations, which affect urban sanitation;
(ix) Buildings and facilities are not in accordance with urban turmoil and sanitation standards;
(x) Removal of environmental sanitation or non-approved demolition programmes or damage to various environmental sanitation facilities and their subsidiary facilities.
Article 17, in violation of the provisions of the external advertisement management of urban households, is one of the following acts, and the period of time is being converted to punishment in accordance with the relevant provisions of the Arbitral Management Scheme for Lives in the State of the Interior:
(i) Inadvertent advertisements without approval, or in spite of the approval of an external advertisement by a designated person, the granting of an advertisement is not in accordance with the provisions of the approval and seriously affects the city;
(ii) The placement of outdoor advertisements in places where there is no requirement for outside advertisements;
(iii) Expropriation, damage, stigma and coverage of public advertisements in cities.
Instructions for outdoor advertisements that exceed the prescribed period of time, unauthorised outdoor advertisements, in regions where there is no advertising outside the household, loading and prohibition of the placement of outdoor advertisements, the Administrative Law Enforcement Bureau should be responsible for the removal of the deadline for the advertising of an advertised person; inadvertently removed, removed by the administrative law enforcement authorities and the removal of the costs incurred by an advertisement.
The use of the glass wall to establish large-scale ex-door advertisements or to use transparent glass to influence the city's profile through advertising indoor advertisements.
Article 18, in violation of the regulations governing the management of public utilities, has one of the following acts, been converted to a period of time, which is sanctioned in accordance with the provisions of the Urban Road Management Regulations of the State Department of State, the Urban Engineering Facilities Management Scheme of the State of the Rakhine State and the provisions of the provisional provisions for the management of shrines in the city planning area of the State of Land:
(i) The unauthorized occupation of roads and other municipal works facilities or the removal of municipal engineering facilities, such as roads, rivers and flooding;
(ii) The dumping of wastewater, dumping of garbage, or releases of wastewater, groundwater, within the framework of municipal engineering facilities, and the dumping of sewage, waste on rainwater or road;
(iii) Unless emissions of wastewater, groundwater, unauthorized changes and congestion of drainage;
(iv) Buildings, constructions, constructions, bridges, lay-up lines, sludges, slacks, slaughters and slacks, without approval;
(v) Have not been authorized to extract sands, bewashing, bulldozers, washing, abandoned garbage, perimetered water or plant cultivation that hindered the use of Hun plants;
(vi) The trajectory line or the wing.
Article 19, in violation of the provisions of the maintenance of public-use facilities, has one of the following acts, the time limit is being changed, which is punishable under the provisions of the Urban Road Management Regulations of the State Department and the Municipal Engineering Facility management approach of the State of the Interior; the loss should be borne by law; civil responsibility should also be assumed under the law:
(i) The deficiencies in the various gateways, boxes and urban road subsidiaries of their respective units on the urban road have not been filled in a timely manner or rehabilitated;
(ii) No marked marking and security-safety facilities were installed on the road construction sites in urban areas;
(iii) Removal of sites in a timely manner after the expiry of urban roads or the excavation of urban roads;
(iv) The construction of facilities, such as trajectory and trajectory, in accordance with urban roads, without the provision of authorization procedures;
(v) Urgently laying down the line under the urban road without bringing the approval process into line with the provisions;
(vi) There was no approval of place, area, duration or excavation of urban roads, or the need for mobile locations, expansion of the area, extension of time, and no earlier change in the approval process.
Article 20, in violation of the construction of engineering planning licence management, is one of the following acts, which is being redirected to punish in accordance with the relevant provisions of the Urban Planning Act of Gangang Province and the Land Towns Restruction and Handicacy Approach:
(i) Failure to apply to the planning authorities for the processing of the construction of engineering planning licences, or, notwithstanding the application, the planning of administrative authorities has not been accepted by the competent authority, which has been self-established, severely affecting the implementation of urban planning and that corrective measures cannot be taken;
(ii) No construction of the Interim Construction Engineering Planning Licence, or permanent, semi-permanent construction and temporary construction facilities within the approved temporary use, are either dismantled and not applied to the authorized organs for the processing of extensions.
Article 21, in violation of the urban priorities regional planning management provisions, does not apply to the planning administration authorities for the processing of the construction of engineering planning licences or, notwithstanding the application, the planning authority has not been granted, has been established and, in one of the following cases, the time limit is being changed, and is punished in accordance with the relevant provisions of the provisional regional planning management approach for urban priorities in the State of Land:
(i) Impacts on the landscapes of the urban roads, the occupation of urban roads and the construction of drop-out zones;
(ii) The use of urban squares, the greening blocks of the South and the other public green areas;
(iii) Impact on the landscapes of the two shores of the municipality of the State of Jurida;
(iv) Impact on fire fleets, vehicle passenger cargo sites, airports, passenger terminals, urban entrances;
(v) Impact on landscapes such as historical cultural protected areas, physical protection units;
(vi) Seriously affect other construction of municipal landscapes and sanitation.
Article 22, in violation of the provisions of the green land management of urban parks, contains one of the following acts within the scope of urban green line control and the green area protection of parking forests, which is being punished in accordance with the provisions of the Greening Management Approach to Urban Parks in the Länder State of the Länder and the provisions of the Green Line in the city of Land and the Green Land Management Approach:
(i) To turn the trees, to harm trees, to the greens and to traject the green ground;
(ii) Scilling houses under trees, or setting assessment points in the range of trees and from green lands, green sets, poles 1.5 m;
(iii) In tree crown cover, Okinawa's walls, livestock and vehicle-dependent vehicles;
(iv) Resistance of pastures, burning of drips, fires or wild cookers;
(v) dumping of garbage and sewage;
(vi) To establish brands affecting the forest landscape;
(vii) Stereotypes or hard-clinated trees;
(viii) Operational impacts such as driving vehicles, impacting trees or damaging plant facilities;
(ix) Distinguished or temporarily occupied urban green areas for which no return was postponed;
(x) Deforestation, transplantation and the repair of trees;
(xi) Damage to the Green Lands and other acts of trees.
Article 23, in violation of the provisions of environmental protection management, has one of the following acts: the time limit is being changed according to the National People's Republic of China Act on Atmospheric Pollution Control and the provisions of the Act on Acquisitional Pollution Control in the city of Rakhine State:
(i) Failure to take closed measures or other protective measures to transport, loading or storage the distribution of toxic toxic gas or dust substances;
(ii) There is no fire-fighting, anti-soil measures to store coal, coal, cooking, coales, sands, and cholera in a populated area;
(iii) In regions where special protection is required by the population-intensive areas and other areas where special protection is required under the law, the burning of paints, rubber, plastics, leathers, garbage and other substances producing toxic harmful dust and heinous gases;
(iv) Acquisition of residues, lands, circles, and currency-generated substances in areas such as population-intensive areas, vicinity of airports, near transport lines, and organs, schools, hospitals and square brackets;
(v) Construction in urban urban areas does not take effective measures to combat dust, resulting in environmental contamination.
Article 24, in violation of the provisions governing the management of solid waste, has one of the following acts, a period of time being converted to punishment in accordance with the relevant provisions of the People's Republic of China Act on Environmental Control of Solid Wastes:
(i) Absolve, distributive or garbage of living;
(ii) Extent to the closure, sequestration or removal of living waste disposal facilities and places;
(iii) Inadequate identification of solid waste generated during the construction process, resulting in environmental pollution;
(iv) The construction unit does not use or dispose of solid waste generated during the construction process in accordance with the provisions of the Environmental Health Administration;
(v) Removal and survivors of waste during transport.
Article 25, in violation of the provisions on the management of environmental noise, has one of the following acts, a change in the period of time, which is sanctioned in accordance with the relevant provisions of the Rainimation of the Environment in the State of the Interior:
(i) Without the approval of the relevant administrative authorities, the use of large-scale radio or promotional vehicles in public areas, such as streets, squares, parks, etc., residential areas, correctional areas, ventilation areas, and mixed areas;
(ii) Use a high-profile approach to soliciting customers;
(iii) Issuance of a superstandard noise from room or public region;
(iv) Without the approval of the relevant administrative authorities, the construction operations carried out in the areas prohibited by the operation and within the time of the prohibition.
Article 26, in violation of the provisions of the industrial and industrial market management, has one of the following acts, a period of time being rectified and punished in accordance with the relevant provisions of the Department of State's Non-Operational Inspection Scheme:
(i) Without the approval of the relevant administrative authorities, the construction of the yards outside the market and the hotels in the urban area, the operation of the tunnel and the construction of the yardsticks for the marketing of commodities;
(ii) Other acts that are not carried out outside the market and the hotels in the city area.
Article 27, in violation of road traffic management, has one of the following acts: a period of time is being converted to punishment in accordance with the People's Republic of China Road Traffic Safety Act, the Regulations on Road Traffic Safety of the People's Republic of China and the relevant provisions of the Land Transport Regulations:
(i) Non-moile vehicles are not stopped at specified locations;
(ii) To carry out construction operations without the approval of roads or the occupation of roads;
(iii) To carry out activities such as mechanics and manpowering;
(iv) Skills on human pathways.
Chapter IV Legal responsibility
Article 28 rejects or impedes the exercise by urban administration law enforcement officials of their duties under the law, which is punishable by law by public security authorities; adopts violent refusals or obstructs the exercise of their duties by law enforcement officials, and brings criminal responsibility to the judiciary.
Article 29 does not apply to administrative penalties imposed by the Administrative Law Enforcement Authority in accordance with this provision and may apply to administrative review or administrative proceedings in accordance with the law.
Article 33: Administrative law enforcement officials in urban management are responsible for violations of integrated urban law enforcement:
(i) Removal by its units or by a superior authority;
(ii) Abuse of authority, insistance, in favour of private fraud, by virtue of law by its units or superior organs, which constitute serious offences and bring to justice by the judiciary a criminal responsibility;
(iii) The grave consequences of the violation of law enforcement and the legal responsibility of its superior or administrative inspectorate to hold the competent and direct responsible personnel directly responsible and to provide administrative disposal in accordance with the law.
Article 31, the Administrative Law Enforcement Authority decided to dismantle facilities such as the construction, hiding and disbursing points of the conflict, but the administrative relative was not mistaken and was authorized by the relevant authorities in violation of the provisions of urban management, in accordance with the following provisions:
(i) The responsibility for administrative compensation or administrative compensation rests with the former approving authorities;
(ii) Individuals directly responsible for violations of the law and those responsible for direct responsibility, who are held by their superior or administrative inspectorate, and are subject to administrative disposition by law;
(iii) The economic responsibility of the competent and direct responsible persons directly responsible for violations of the law, which constitutes a serious offence, is brought to justice by the judiciary for criminal responsibility in accordance with the law.
Chapter V
In accordance with this provision, the Municipal Administration should establish a comprehensive law enforcement basis for urban management and its development notes, the integrated urban management enforcement process, the development of norms for integrated urban management law instruments and a comprehensive law enforcement approach for urban management, which is published by the Government of the city.
Integrated urban management law enforcement should use format instruments, which are developed by the municipal administration.
Article 33