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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(December 1, 2005 Lanzhou City Government 23rd times Executive Conference considered through December 8, 2005 Lanzhou City Government makes [2005] 9th, announced since February 1, 2006 up purposes) first chapter General first article to strengthening city management, specification city management integrated law enforcement behavior, according to People's Republic of China administrative punishment method, and State full advance law administrative implementation platform for and State on further advance relative concentrated administrative punishment right work of decided
    And the provisions of relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Second article this provides by said city management integrated law enforcement, is refers to city, and County, and district city management administrative law enforcement Council (following referred to administrative law enforcement Council) according to about legal, and regulations, and regulations of provides, relative concentrated exercise city city looks, and sanitation, and city planning, and City Green, and municipal, and environmental, and business, and police traffic, city management aspects of all or part administration and administrative punishment right.
    This article applies to the administrative area of the city within the urban area, urban planning areas, exurban county seat of Government of the town, other towns and various types of comprehensive urban management enforcement within the development zone.
    These provisions have made it clear by the administrative law enforcement Bureau centralized exercise of administrative punishment right, the original organization authorized by relevant administrative bodies, laws and regulations may not exercise; still, the administrative decision is invalid.
    Fourth comprehensive urban management enforcement started two levels of Government, three-level management and unified leadership, hierarchical accountability and territorial principle combined with the designated jurisdiction and territorial jurisdiction. In focus, complex regions of the city administration, you can build and test mass Coordinator's system, employ a certain number of wardens of the masses to assist general oversight of comprehensive urban management enforcement authority, management activities.
    Specific measures for administrative law enforcement by City Council to put forward specific proposals, reported to the municipality for approval.
    Article fifth administrative enforcement of comprehensive urban management enforcement funding included in the budget at the same level, to protect it.
    Fee incomes from fines and confiscations to implement separation of collection systems, must be paid in full at the finances.
    Article sixth urban management reporting system.
    Any units and personal, are right to on following behavior to about administrative competent sector reported and complaints; about sector should seriously accepted reported and complaints, timely investigation reported and complaints of problem, and to reported and complaints people feedback about situation: (a) units and personal violation city management provides of behavior; (ii) administrative law enforcement Council and law enforcement personnel in city management integrated law enforcement activities in the of illegal disciplinary behavior and not as of behavior.
    Article citizens, legal persons and other organizations shall cooperate with the comprehensive urban management enforcement, management and shall not refuse or hinder comprehensive urban management enforcement personnel shall exercise the authority. Chapter II management responsibility, administrative law enforcement Bureau, eighth is the Administrative Department of comprehensive urban management enforcement in the city.
    Municipal, urban management, administrative law enforcement Bureau of the administrative enforcement agency commissioned by them, take on relatively centralized administrative punishment right in urban management.
    City administrative law enforcement Council perform following duties: (a) organization implementation this provides; (ii) research deployment city city management integrated law enforcement work, on city city management integrated law enforcement work for organization, and coordination, and guide, and supervision and check; (three) competent city relative concentrated administrative punishment right work; (four) unified scheduling, and command city management major integrated law enforcement activities and special reorganization governance activities; (five) Municipal Government provides of other duties. Nineth article city administrative law enforcement Council is responsible for or participation management following matters: (a) on city outdoor advertising for integrated administration, is responsible for city outdoor advertising of unified planning, and reasonable layout, and integrated coordination and set approval; which on using municipal engineering facilities set outdoor advertising of, in approval Qian should sought city construction administrative competent sector of views; (ii) and city police traffic sector, and city construction administrative competent sector common research developed Chengguan, and qilihe, and peace, and
    Xigu four district main blocks motor vehicle and non-motor vehicle park field (points) planning set programme, reported Municipal Government approved Hou organization implementation; (three) on police sector is responsible for approval of various large rally activities for Qian reset audit, main on maintenance city environment, and temporary occupied municipal engineering facilities, and temporary occupied roadway yiwai of road, situation proposed specific views; police sector in approval various large rally activities zhiqian, should will activities application written told city administrative law enforcement Council; (Four) and construction administrative competent sector and police traffic sector Division is responsible for, and each other tie, on temporary occupied City Road and municipal public facilities of behavior for approval management, and will approval situation mutual told: 1, and temporary occupied roadway yiwai road of, by administrative law enforcement Council is responsible for approval; 2, and temporary occupied roadway of, by police traffic sector is responsible for approval; 3, and engineering sex temporary occupied City Road and municipal public facilities of, by construction administrative competent sector is responsible for approval; 4, and while occupied roadway, and
    Roadway roads and other municipal utilities, led by the administrative law enforcement Bureau, traffic and construction administrative departments and public security departments to study, standardized assessment.
    Tenth administrative law enforcement, County and District Councils in the County and district administrative areas implementation of comprehensive urban management enforcement in administrative duties and receive professional guidance and supervision of the municipal administrative law enforcement Bureau.
    County and district administrative law enforcement Bureau counties, urban administrative enforcement agency on their behalf, to undertake the counties and districts in the administrative area of relatively centralized administrative punishment right in urban management and the specific work.
    Two a or two a above County, and district administrative law enforcement Council in investigation violations Shi occurred jurisdiction dispute of, by city administrative law enforcement Council ruling; on should by County, and district administrative law enforcement Council investigation of violations, County, and district administrative law enforcement Council not to investigation of, city administrative law enforcement Council can ordered its investigation, also can directly investigation or coordination, and organization County, and district administrative law enforcement Council investigation.
    11th of municipal, County, district, landscape, environment, planning, industry and commerce, public security and traffic administration departments and agencies involved, and shall cooperate with the city and County, district administrative enforcement of comprehensive urban management enforcement work.
    City, County, district public security organs to their counterparts in law enforcement presence of comprehensive urban management enforcement security teams to assist and protect urban administrative law enforcement personnel shall exercise functions, promptly investigate and deal with violence against law, obstructing and other illegal activities. 12th administrative law enforcement Bureau investigated cases of violations requires identification, shall notify the relevant authorities.
    Authorities shall, within the statutory time limit for identification, there is no statutory time limit within 5 working days after receiving the informed technical appraisement, administrative law enforcement Bureau and inform in writing the identification results.
    Violation of administrative law enforcement investigation cases, laws, regulations, rules and regulations can later go through examination and approval procedures of administrative punishment, and departments concerned shall be notified in writing within 3 working days.
    13th of municipal, County, district administrative law enforcement should work with the same construction, gardening, environment, planning, industry and commerce, public security and traffic administrative departments, such as the establishment of joint conference system. Joint session should be convened on a regular basis. Except in case of urgent matters, agreed by the municipal government in charge of the leadership, or temporary meeting.
    Joint Conference by the administrative law enforcement Bureau is responsible for the Organization and chaired by the Secretary.
    City management integrated law enforcement of following matters, should submitted joint research decided: (a) involved two a and two a above administrative competent sector management of major matters; (ii) need related administrative competent sector collaboration tie of major law enforcement activities and special reorganization governance activities; (three) by sector Zhijian coordination, views still not unified of major matters; (four) involved administrative compensation or administrative compensation of matters; (five) need informed and research decided of other matters.
    14th of municipal, County, district administrative law enforcement should and similar construction, landscape architecture, environmental protection, planning, industry and commerce, public security and traffic administrative departments to set up the Exchange System.
    Great administrative penalties administrative enforcement decisions and other relevant decisions and other administrative departments to cooperate, shall be notified in writing within 5 working days at the relevant administrative departments.
    Other administrative authority approval and licensing matters, management in administrative enforcement of administrative penalties and cooperating matters shall inform their counterparts in law enforcement Council in writing within 5 working days.
    15th comprehensive urban management enforcement should be strict compliance with legal procedures and to ensure procedural fairness.
    Administrative enforcement of law enforcement officers in the course of law enforcement, who himself or his near relative has an interest in the case or other relationships with the parties to the case, may affect the impartial handling of cases, and should be avoided.
    Party is entitled to require administrative law enforcement officials shy away from listed in the preceding paragraph. Third chapter integrated law enforcement range 16th article violation city city, and sanitation management of provides, has following behavior one of of, ordered deadline corrected, according to Lanzhou city city city and sanitation management approach and Lanzhou city town regional limit raised dog provides of related provides be punishment: (a) anywhere spit, and soil, mess threw Peel, and confetti, and cigarette, waste, and from high down or from built (frame) built real, and vehicles to outside throwing real, and splash of; (ii) in wall, and poles, and tree Shang graffiti description,
    Or without approved unauthorized hanging, and posted advertisement of; (three) raised dog or stocking livestock, and poultry effect city sanitation of; (four) in Street buildings of balcony and window, and roof, and platform, and outside corridor stacked, and hanging hinder city of items, street buildings installation air conditioning equipment, and built closed balcony, and set shade rain canopy and security protection network not meet about provides of; (five) transport damaged not clean, and with mud driving or transport liquid, and bulk material and the waste not for sealed, and dressing, and cover of; (Vi) not by time, location, disposal, transportation and handling garbage, throwing money in the urban areas, burning leaves and branches and other debris, do not perform the obligation of health area clean cleaning;

    (Seven) Street construction site not by provides set block fence, and wall, construction job site Yang dust, and mud sprinkled leak, and sewage outflow or not take necessary prevention measures, shutdown site not timely finishing and do necessary cover, engineering completed, and job completed Hou not timely cleanup flat site and demolition shed, temporary building, and facilities effect city sanitation of; (eight) in City Road and sides, and public site and facilities with to range within unauthorized stacked material, built built (frame) built real or other facilities, cleaning mobile vehicles,
    Slaughter and processing operations affect the city appearance and environmental sanitation, (I) buildings and facilities did not meet the city's appearance city appearance and environmental sanitation standard; (j) dismantles sanitation facilities or not according to the approved demolition plan for demolition, or damage of various types of environmental hygiene facilities and ancillary facilities.
    17th article violation city outdoor advertising management of provides, has following behavior one of of, ordered deadline corrected, according to Lanzhou city outdoor advertising management approach of related provides be punishment: (a) without approved set outdoor advertising, or is by approved but set of outdoor advertising not meet approved provides and serious effect city of; (ii) in shall not set outdoor advertising of regional, and carrier and ban set outdoor advertising of places set outdoor advertising of; (three) occupation, and damaged, and coated dirt and cover city public ads of.
    To exceed the set deadlines without removal of outdoor advertising, unauthorized settings of outdoor advertising, outdoor advertising shall not be regional, carrier and the outdoor advertising ban outdoor advertising sites, administrative law enforcement Council shall order the advertising setting dismantle; fails to dismantle the, be removed by the administrative law enforcement Bureau, demolition costs borne by the advertisements.
    Rely on glass curtain walls for large outdoor advertising or transparent glass from the perspective of setting up advertising has an impact on appearance city appearance, according to the outdoor advertising management. 18th article violation municipal public facilities management of provides, has following behavior one of of, ordered deadline corrected, according to State City Road Management Ordinance, and Lanzhou city municipal engineering facilities management approach and Lanzhou city city planning district Yellow River River mining sand management provisional provides of related provides be punishment: (a) without approved, unauthorized occupied road and other municipal engineering facilities or excavation road, and river, and waterways in, municipal engineering facilities of; (ii) in municipal engineering facilities range within stacked material, and Dumping garbage, waste or emissions sewage, and groundwater, will sewage, and waste dumping in rain well or road of; (three) not by provides emissions sewage, and groundwater, unauthorized changes, and series received drainage pipeline of; (four) without approved, unauthorized in river, and waterways in range within built buildings, and structures, and erection bridge, and laid pipeline, and silt River race to, and fried mountain quarrying, and broken di grilled mouth of; (five) without approved, unauthorized in river, and waterways in range within mining sand, and wash sand, and take soil, and heap abandoned waste garbage, and
    Water reclamation or grow hamper flood plants; (f) the climbing lamp posts or take the line hung up. 19th article violation municipal public facilities maintenance management of provides, has following behavior one of of, ordered deadline corrected, according to State City Road Management Ordinance and Lanzhou city municipal engineering facilities management approach of related provides be punishment; caused loss of, should law bear compensation responsibility; caused personal hurt of, also should law bear civil responsibility: (a) related units on their set in City Road Shang of various pipeline of check well, and Box cover and City Road subsidiary facilities of defect not for timely filling or repair of; (ii) not in city road construction site set obviously logo and security anti-surrounding facilities of; (three) occupied City Road expires or mining City Road Hou, not timely cleanup site of; (four) attached city road construction various pipeline, and Rod line, facilities, not according to provides handle approval procedures of; (five) emergency repair laid in City Road Xia of pipeline, not according to provides replacement approved procedures of; (six) not according to approved of location, and area
    , Timeline, occupy or dig the roads of the city, or you need to move, expand the area, extend the time, no such changes in advance and approval procedures. 20th article violation construction engineering planning license management of provides, has following behavior one of of, ordered deadline corrected, according to Gansu province implementation city planning method approach and Lanzhou city stop and processing illegal construction approach of related provides be punishment: (a) not to planning administrative competent sector application handle construction engineering planning license, or is proposed application but planning administrative competent sector not to project accepted, unauthorized for construction, serious effect city planning implementation and cannot take corrected measures of; (ii) not made
    Temporary construction project planning permit for construction or approved temporary land use within a permanent, semi-permanent building and temporary construction facilities are not removed, and the expiration does not apply to the approval authority for the extension using procedures. 21st article violation city focus regional planning management of provides, not to planning administrative competent sector application handle construction engineering planning license, or is proposed application but planning administrative competent sector not to project accepted, unauthorized for construction, has following case one of of, ordered deadline corrected, according to Lanzhou City City focus regional planning management provisional approach of related provides be punishment: (a) effect city road sides landscape, and occupied City Road and construction retreat zone of; (ii) occupied city square, and
    North-South binhe road green belt and other public green spaces, and (iii) affect the landscape on both sides of the Lanzhou section of the Yellow River (iv) affecting train station, car passenger and freight station, airport, ferry pier, City entrance landscape (v) effects of historic sites, cultural relics protection units such as landscape (vi) seriously affected other building of appearance city appearance and environmental sanitation. 22nd article violation City Garden green management of provides, in city green line control range and garden green protection range within has following behavior one of of, ordered deadline corrected, according to Lanzhou City City Garden green management approach and Lanzhou City City Green line and the Green construction management approach of related provides be punishment: (a) climbed tree folding branch, hurt trees, and hedge, trampling green lawn of; (ii) according to tree take shed cover room, or in street trees Crown range and from green, and hedge, and flower beds 1.5 meters range within set fried, and roast , And steam, and Cook, stalls of; (three) in tree Shang nail nail, and tied rope hanging real, and tied Department livestock, and rely on vehicles of; (four) grazing hunting, and burning branches leaves, and fire heating or picnic of; (five) dumping garbage, and sewage of; (six) set effect garden landscape of signs of; (seven) stacked material or hardening tree pit of; (eight) driving vehicles, job hit injury, and hit pour trees or damaged garden facilities of; (nine) unauthorized occupied or temporary occupied City Green with to late not returned of; (10) unauthorized cut, and transplant, and
    Pruning trees (11) damage to urban green space, trees, flowers and other acts. 23rd article violation environmental protection management of provides, has following behavior one of of, ordered deadline corrected, according to People's Republic of China air pollution control method and Lanzhou city implementation air pollution control approach of related provides be punishment: (a) not take closed measures or other protection measures, transport, and handling or storage can distributed toxic harmful gas or dust material of; (ii) not take anti-burning, and dust measures, in population intensive area store coal, and gangue, and cinder, and ash, and gravel, and Dust, material of; (three) in population intensive area and other law need special protection of regional within burning asphalt, and linoleum, and rubber, and plastic, and leather, and garbage and other produced toxic harmful dust and stench gas of material of; (four) in population intensive area, and airport around, and traffic route near and organ, and school, and hospital and square, regional within open burning straw, and leaves, and laid a wreath at the, and Ghost money, produced dust pollution of material of; (five) in city urban for construction construction not take effective Yang dust control measures,
    Cause pollution to environment.
    24th article violation solid waste pollution control management of provides, has following behavior one of of, ordered deadline corrected, according to People's Republic of China solid waste pollution environment control method of related provides be punishment: (a) free dumping, and dispersal or stacked life garbage of; (ii) unauthorized close, and idle or demolition life garbage disposal facilities, and places of; (three) engineering construction units not timely removal construction process in the produced of solid waste, caused pollution of;
    (D) the construction of units do not comply with environmental health administration departments under the solid waste generated in the process of use or disposed of, (v) during transport along the abandoned, leaving behind garbage.
    25th article violation environment noise pollution control management of provides, has following behavior one of of, ordered deadline corrected, according to Lanzhou city environment noise pollution control approach of related provides be punishment: (a) without about administrative competent sector approved, in Street, and square, and Park, public regional and the sanitariums, and neighborhoods, and educational district, and landscape places district, and a mixed district using power broadcast or publicity car of; (ii) used issued tall sound of method attract customer of;
    (C) issued from the indoor and outdoor public areas or excessive noise; (d) without the approval of the administrative department concerned, prohibition of operating within the area and time of construction noise. 26th article violation business market management of provides, has following behavior one of of, ordered deadline corrected, according to State no as business investigation banned approach of related provides be punishment: (a) without about administrative competent sector approved, in urban of market and stores yiwai stall presence, and accounted for road business and built shed Taiwan marketing commodity of; (ii) in urban of market and stores yiwai no as business of other behavior.

    27th article violation road traffic management of provides, has following behavior one of of, ordered deadline corrected, according to People's Republic of China Road traffic security method, and State People's Republic of China Road traffic security method implementation Ordinance and Lanzhou city road traffic management provides of related provides be punishment: (a) non-motor vehicle not by provides locations Park of; (ii) without approved, unauthorized mining road or occupied road for construction job of; (three) in sidewalk Shang for acting, and juggling, accounted for road activities of;
    (Iv) stacking items on the sidewalk.
    The fourth chapter legal liability article 28th refuse or impede the administrative law enforcement personnel shall exercise functions of urban management, administrative penalty according to law by a public security organ; refusing or obstructing a law enforcement officer shall exercise functions of violence constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.
    29th parties made to the Council in accordance with the provisions of administrative law enforcement administrative penalty is dissatisfied, he may apply for administrative reconsideration or bring an administrative suit. 30th article city management administrative law enforcement personnel in city management integrated law enforcement in the has violations of, according to following provides be processing: (a) not as of, by its where units or superior organ ordered corrected; (ii) abuse, and negligence, and engages in of, by its where units or superior organ law give administrative sanctions; plot serious constitute crime of, drew attention to the judicial organ law held criminal; (three) illegal law enforcement caused serious consequences of,
    By its superior departments or administrative supervision departments held directly responsible for the managers and persons liable and shall be subject to administrative sanctions. 31st article administrative law enforcement Council decided demolition illegal building, and shed Pavilion and banned stalls, facilities but administrative relative people no fault, is about sector violation city management of provides unauthorized approval of, according to following provides be processing: (a) by original approval sector bear administrative compensation or administrative compensation responsibility; (ii) on illegal approval directly is responsible for of competent personnel and directly responsibility personnel, by its superior organ or administrative monitored organ held legal responsibility, and law give administrative sanctions; (three) for illegal approval to national caused major loss of
    , Shall be directly responsible for illegal approval of competent persons and persons of economic responsibility; if the case is serious enough to constitute a crime, the attention of the judicial organs shall investigate the criminal liability.
    Fifth chapter supplementary articles article 32nd city administrative law enforcement Bureau shall, in accordance with the provisions of comprehensive urban management enforcement base and prepare instructions, comprehensive urban management enforcement programs, comprehensive urban management enforcement instruments manufacturing practices and coordination of comprehensive urban management enforcement measures, submitted to the municipal people's Government promulgated after approval.
    Instruments of comprehensive urban management enforcement should use the format, format instruments enacted by the municipal administrative law enforcement Bureau.
                                          33rd article of the regulations come into force on February 1, 2006.