Temporary Occupation Road, Nanning, Nanning Municipal People's Government On The Amendments To The Administrative Policy Decision

Original Language Title: 南宁市人民政府关于修改《南宁市临时占用道路管理办法》的决定

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(April 28, 2005, Nanning city, consideration by the Standing Committee on May 23, 2005, Nanning municipal people's Government made the 36th release come into force on the date of promulgation) municipal people's Government in accordance with the People's Republic of China Law on administrative licensing and other legal provisions, regulations, decisions on the management of temporary occupation road, Nanning city, as follows: a, fifth paragraph "without authorization, no unit or individual is allowed to temporarily occupy the road. Needed temporary occupation of roads shall be examined by the public security traffic Administrative Department and approved by the Department of municipal administration, issued by the municipal administrative departments of the temporary occupation permit before they can be occupied "amended to read" without authorization, no unit or individual is allowed to temporarily occupy the road. Really necessary to temporarily occupy the road, approved by the municipal administrative departments, temporary occupation permit will be issued only after use.
    Effect of traffic safety, the Department of municipal administration with the consent of the public security organs traffic management departments before they can handle ".
    Second, delete the sixth first second "by the public security traffic Administrative Department review and sign the application form for a temporary occupation of the road."
    Three, and sixth article second paragraph "occupied road built temporary structures of, must consent of city city planning administrative competent sector agreed Hou, party can handle temporary occupied road license" modified for "occupied road built temporary structures of, must consent of city city planning administrative competent sector agreed; effect traffic security of, by municipal administrative competent sector consent of police organ traffic management sector agreed Hou handle temporary occupied road license".
    Four, and tenth article "by approved temporary occupied road of term most long shall not over 6 months, occupied road expires Hou still needed continues to occupied of, should in expires Qian 30th within again handle approval procedures" modified for "by approved temporary occupied road of term most long shall not over 1 years, occupied road expires Hou still needed continues to occupied of, should in expires Qian 30th within again handle approval procedures".
    Five, and 11th article first paragraph "for city construction management or traffic management work need, city municipal administrative competent sector can change or canceled temporary occupied road license, units and personal should unconditional obey and on time return site" modified for "for city construction management or traffic management work need, city municipal administrative competent sector can change or canceled temporary occupied road license, units and personal should on time return site".
    Six, the 11th article "change or cancellation of the temporary occupation permit, shall refund the unexpired portion of road fees" amended to "change or cancellation of the temporary occupation permit, shall refund the unexpired portion of road occupancy fee and compensation according to law."
    In addition, under the terms of this decision on the part of order and the text adjusted accordingly.
    This decision shall come into force as of the date of.

    The management of temporary occupation road, Nanning city, corresponding amendments shall be made according to this decision, republished. Attached:, Nanning city, temporary occupied road management approach (2005 amendment this) (on January 21, 2003 City Government makes 12th, announced, according to on May 23, 2005, Nanning city, Government on modified straddling, Nanning city, temporary occupied road management approach of decided Amendment) first article for strictly control temporary occupied road behavior, full play road of function, guarantees road traffic security smooth, maintenance city environment clean, according to City Road Management Ordinance and
    Nanning municipal facilities management Ordinance and relevant regulations, combined with the municipality, these measures are formulated.
    Article in temporary occupation of roads within the built-up area of the city, these measures shall apply.
    Third Road in these measures refers to the streets of the city, Li Xiang, as well as a public square, where the public parking lots for vehicles and pedestrians, including bridges, footbridges, pedestrian tunnel crossing the street.
    Temporary occupation of roads in these measures refers to the short period (maximum of one year) piling and construction, setting vehicles using roads keeping points, newspaper, IC telephone booths and other acts affecting function.
    Fourth municipal administrative authorities responsible for implementation of this approach.
    City urban Administrative Department is responsible for the area within approved off-road behavior day to day management and supervision.
    Public security, planning, business management, in accordance with their respective responsibilities, in collaboration with municipal administrative departments in implementing these procedures. Without authorization, no unit or individual is allowed to temporarily occupy fifth section road. Really necessary to temporarily occupy the road, approved by the municipal administrative departments, temporary occupation permit will be issued only after use.
    Effect of traffic safety, the Department of municipal administration with the consent of the public security organs traffic management departments before they can apply for.
    Emergency repair services, landscaping, water, electricity, gas, telecommunications, urban infrastructure, such as a temporary occupation road, first a temporary occupation, they shall promptly report to the public security traffic Administrative Department and municipal administrative authorities, and applying for the examination and approval procedures.
    Article sixth of the temporary occupation permit applications made in accordance with the following procedures: (a) occupied by units or individuals to submit applications for temporary occupation of the road, and fill out the application form for temporary occupation road, (ii) municipal administrative departments for examination and approval of the temporary occupation permit will be issued.
    Off-road built a temporary structure, requires the consent of the municipal urban planning Administrative Department affects traffic safety, municipal administrative authority with the consent of the public security organs traffic management agreed with management of the temporary occupation permit. The seventh addition to telephone booths, kiosks, prohibiting the occupation built main road equipment vendors engaged in business activities.
    Strict control on other roads to allow management of scope and time.
    The main road and other roads to permit display stands range determined by the municipal people's Government.
    Eighth article in following road range within, shall not approved temporary occupied: (a) bus waiting Pavilion 30 meters range within; (ii) hospital, and school front road sides the 100 meters range within; (three) Road cross junction and stadia triangle range within and railway junction, and detours, and narrow road, and bridge control range 30 meters within; (four) fire channel and the fire facilities 10 meters range within; (five) people line Flyover, and people line underground channel and around 10 meters range within.
    Urban, landscape, water, electricity, gas, telecommunications, transportation and other urban infrastructure construction, maintenance, maintenance, approval, are not affected by the provisions of the preceding paragraph. Nineth temporary occupation of roads, approved by the competent authority shall, in accordance with price fees to pay road fees.
    Public welfare temporary occupation of roads should be exempt from road fees.
    Road occupancy fee should be paid in full the financial sector.
    Tenth way approved a temporary occupation of the period should not be longer than 1 year, still needs to continue to occupy after the expiry of the off-road, should again go through examination and approval procedures in the 30th prior to the expiration.
    11th city construction management or traffic management needs of municipal administrative departments can change or cancellation of the temporary occupation permit, relevant units and individuals should be return venues on time.
    Change or cancellation of the temporary occupation permit, shall refund the unexpired portion of road occupancy fee and compensation according to law.
    12th article by approved temporary occupied road of units and personal, must comply with following provides: (a) in site hanging temporary occupied road license; (ii) by approved of time, and location, and area and uses using; (three) shall not construction has fixed based of permanent built (frame) built real; (four) shall not block Street, and traffic signal, and traffic logo; (five) shall not damaged, and riding pressure occupied various underground pipeline of well, and cover and the fire facilities, shall not jam fire channel; (Six) shall not occupation green and damaged green facilities and the flowers, and trees; (seven) shall not effect municipal engineering and green conservation construction and the garbage, and muck, and stool removal job of normal for; (eight) temporary occupied road needed moved traffic facilities of, should prior reported by police traffic management sector agreed, shall not damaged road and traffic security facilities; (nine) stacked items of, should set obviously logo and the security protection facilities; (ten) construction job site should by provides using fence, and in corresponding location set warning logo brand ; Night construction job should using construction logo lamp; effect road smooth of, also should by police traffic management sector requirements set traffic logo; (11) met rain, special weather Shi, should in construction site around dangerous lots set warning logo, and timely clear water; (12) construction materials in approved occupied of range within stacked neatly, ban stacked flammable easy burst and the toxic dangerous items; abandoned soil, and abandoned real timely clear; (13) construction completed Hou, should timely clear site of temporary facilities, and abandoned soil, and abandoned material,
    Backfill tamping as required, repair roads, (14) compliance with the provisions of other laws and regulations. Violation of the provisions of the preceding paragraph, cause damage to the city, green, transportation and other facilities, shall bear the liability for damages.
    Lead to accidents, in accordance with the relevant provisions to hold those responsible accountable.
    13th approved temporary off-road and personal, occupied after the expiration shall promptly clean up the possession of, the site, restored to city roads original state.
    14th article violation this approach unauthorized occupied road of, by city municipal administrative competent sector ordered its deadline corrected, and recovery undisturbed, not caused damaged of, at 50 Yuan above 500 Yuan following fine; caused road facilities, and green plant and the Green facilities, and traffic security facilities, and pipeline, damaged of, should law bear compensation responsibility, can and at 500 Yuan above 5000 Yuan following fine; plot special serious of, can and at 5000 Yuan above 30000 Yuan following fine. 15th article violation this approach 12th article provides, not caused security accident of, by city municipal administrative competent sector ordered its deadline corrected, and can by following provides sentenced fine: (a) violation subsection (a), and (nine), and (ten), and (11) items provides refused to corrected of, at 100 Yuan following fine; (ii) violation subsection (ii), and (three), and (four), and (five), and (six), and (seven) items provides of, at 100 Yuan above 1000 Yuan following fine; (three) violation subsection (eight), and (12), and
    (13) provision, fined a maximum of between 2000 Yuan and 200 Yuan.
    16th party on the specific administrative act undertaken by the Administrative Department may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    17th parties do not perform specific administrative act within the statutory time limit, take specific administrative actions of the authorities may apply to a court for mandatory enforcement according to law.
    18th urban management and the management of staff neglect, abuse, or engages in from their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal liability shall be investigated for their.
    The 19th article of the approach by the Municipal Office of Legislative Affairs is responsible for the interpretation. 20th these measures shall come into force on March 1, 2003.
                                                                                                                          On February 26, 1994, promulgated the provisional regulations on the management of non-traffic road, Nanning city, (2nd city people's Government) abrogated.