Outdoor Advertising In Beijing Set Up A Management Approach

Original Language Title: 北京市户外广告设置管理办法

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(June 22, 2004 27th Executive meeting of Beijing municipality on August 5, 2004 151th promulgated by the people's Government of Beijing municipality as of October 1, 2004) first in order to strengthen the city's outdoor advertising arrangement plan and management, creating a clean, beautiful environment, according to the Beijing Municipal city appearance and environmental sanitation regulations and the provisions of relevant laws and regulations, combined with the municipality, these measures are formulated.
    Second this approach applies to the urban planning urban, suburban towns and development zones, science parks, scenic spots and other outdoor advertising in the introduction of the urbanization control area set up and manage activities.
    Outdoor advertising in these measures refers to urban road, highway, railway and urban rail transit lines of the ground segment, Lake and river management scope and on the squares, buildings and structures, light boxes, neon signs, electronic display devices, display board, such as carriers and commercial advertising on transport.
    Article III of the municipal administration Administrative Department in charge of the city outdoors advertisement installation plan and regulatory work.
    District and county administrative departments in charge of the municipal management of outdoor advertising within the administrative area of setting planning and supervision.
    Fourth the city's outdoor advertising registration, content review and supervision, in accordance with the People's Republic of China advertisement law and regulations of the relevant rules and regulations.
    Planning, transport, landscaping, traffic, construction, environmental protection, quality and technical supervision, safety and other relevant administrative departments in accordance with their respective responsibilities, shall conduct supervision on outdoor advertisement management.
    Article fifth installation of outdoor advertising facilities shall be according to the style of the city, structure functions, road characteristics and regional unified planning, overall design, zone control, reasonable layout, the city looks beautiful.
    Outdoor advertisement facilities design, styling, color, quantity, volume, format, location, direction, height, materials shall be coordinated with the surrounding environment.
    Sixth municipal administration Administrative Department should be formulated in conjunction with the municipal Administrative Department of planning the city outdoors advertisement installation professional planning district, County, municipal administration Department in conjunction with the competent administrative Department of planning under the city outdoors advertisement installation professional planning organization of the administrative areas of the outdoor advertising arrangement plan.
    Municipal Administration Administrative Department according to the decisions of the municipal people's Government, organized the preparation of the city's main streets and areas of outdoor advertising arrangement plan.
    Seventh, outdoor advertisements, preparing the professional planning and district and County outdoor advertising arrangement plan should be consistent with the master plan of Beijing city and the requirements set out in article fifth. Eighth, outdoor advertisements, preparing the professional planning and district and County outdoor advertising arrangement plan should seek the views of relevant government departments and experts.
    This professional city outdoors advertisement installation plan submitted to the municipal people's Government promulgated for implementation after the area, counties city outdoors advertisement installation plan administration Administrative Department of overall planning, comprehensive coordination agreement, then approval of the people's Government at the promulgation and implementation. By the city and district and county people's Government promulgated the outdoor advertising arrangement plan, should not be changed; needed adjustment, must be approved according to the rules of procedure.
    Districts and counties, outdoor advertising, outdoor advertising arrangement plan in violation of the set of professional planning, municipal people's Government has the right to correct or cancel. Nineth article ban in following road and regional set outdoor advertising facilities: (a) Changan Street (that East up founding door West to revival door sections, with) road sides 100 meters range within; (ii) Tiananmen Square area and the square East, and West the 100 meters range within; (three) here Office district around north up Wenjin Jie fu you Jie junction, South to Fu you Jie Changan Street sections of street area, West up Wenjin Jie fu you Jie junction, East Wenjin Jie North Street of street area, North up Wenjin Jie North Street junction,
    South to South Street Changan Street sections of street area; (four) here here North up San Li he road Fu into road junction, South to here here South walls of street area, East up San Li he road Fu into road junction, West to Fu into South a street sections South of street area; (five) State, and school, and landscape places district and heritage protection units of building control zone.
    On other roads and not suitable for installation of outdoor advertising, outdoor advertising controlled by the outdoor advertising arrangement plan. Tenth Changan Avenue from West of Wangfujing road (not including Wangfujing road) to the Xidan junction to the East (not including Xidan intersection) and the Tian ' anmen square area prohibit advertising vehicles.
    However, except vehicles for holding large-scale activities temporarily.
    11th article in road sides and road junction set outdoor advertising facilities, shall not hamper security stadia, and effect passage, and shall not has following case: (a) block Street, and traffic logo, and traffic signal; (ii) extends extended to road above or across road; (three) set in overpass, and people line had Street Bridge, and railway bridge, bridge Shang; (four) hamper no obstacles facilities using; (five) legal, and regulations ban of other case.
    On the sides of city roads, and other areas within the third ring road, set-column and floor-standing outdoor advertising facilities shall not exceed the prescribed height limitations.
    12th article in buildings, and structures Shang set outdoor advertising facilities, shall not damage city style, and landscape and effect city environment, and shall not has following case: (a) effect original buildings, and structures looks; (ii) over city planning in the qualified of buildings, and structures height; (three) over outdoor advertising facilities set provides of limit height; (four) legal, and regulations ban of other case.
    Installation of outdoor advertising facilities in residential buildings must comply with the outdoor advertising arrangement plan, with the consent of the residents of the building consent.
    Ban on dangerous buildings or structures installation of outdoor advertising facilities. 13th prohibits installation of outdoor advertising facilities in urban green space. Prohibit installation of outdoor advertising facilities on the Lake, the reservoir of the water of the river. Prohibit suspension of outdoor advertising facilities on air.
    In flight-aircraft are hanging outdoor advertising is banned. Article 14th installation of outdoor advertising facilities shall conform to the safety of outdoor advertising facilities technical standards, management standards and specifications, to ensure the security and strong set of outdoor advertising facilities.
    Construction and maintenance of outdoor advertising facilities shall comply with the provisions relating to safety in the State and this municipality. Configuration of outdoor advertisements lighting facilities, lighting facilities should be maintained in good condition; set facilities such as neon, electronic displays, light boxes, screen display should be maintained intact.
    Break light, damaging, and should maintain, replace, and stopped before repair. 15th operator of outdoor advertising facilities for outdoor advertisement facilities maintenance, management of the responsible person (hereinafter referred to as the management responsibility), it should be regular inspections, maintenance, and maintain safe, clean and beautiful of outdoor advertising facilities. Outdoor advertising facilities are unsafe or broken, stain, fade and serious, timely maintenance and updates.
    Layout of outdoor advertising facilities shall not be vacant. Outdoor advertising facilities are unsafe may endanger the safety of persons, property, administrative departments shall instruct the management responsibility for municipal management immediately ruled out security risks, risks cannot be immediately excluded, it should be ordered to rule out, implementation and supervision, security implications of excluded work.
    During the period excluded, management responsibility shall in the safety of the visible warning signs and, if necessary, should also be sent on duty to prevent the occurrence of accidents.
    16th in the installation of outdoor advertising facilities in and around residential areas, to avoid noise pollution, light pollution and block the sunlight and other adverse impacts on the lives of residents.
    Article 17th set up outdoor advertising shall not be any of the following circumstances: (a) the use of traffic safety facilities, traffic signs, (ii) effects of municipal public utilities, traffic safety facilities, traffic sign used; (c) the use of street lighting, electricity, telecommunications, postal services and other facilities; (iv) other damage of city appearance and environment.
    Use public transport shelters, dock station, station access to advertising of station and other public transport facilities, shall comply with the outdoor advertising arrangement plan requirements, and shall not affect recognition and blocking traffic. Article 18th fixed operational routes set on the public in the public transport, car advertising, not in front of vehicle, set on the front and rear windshields and side Windows. Set the advertising of all original exterior color shall not be covered.
    Advertising shall not affect recognition sets and riding.
    Other vehicles (including buses) prohibit advertising on body. Municipal Administration Administrative Department shall, in conjunction with relevant administrative departments of public, setting standards and norms for automotive advertising.
    Public allow advertising, bus lines and vehicles by the competent administrative Department of the municipal administration in accordance with the outdoor advertising arrangement plan announced.
    19th article of the city encouraged construction units or whitewashed building construction construction site walls and beautification of the environment, but prohibit outdoor advertising construction site wall.
    Organizing large scale commercial activities in the city, not in organized activities outside or organize activities region-wide installation of outdoor advertising facilities. Article 20th according to install outdoor advertising facilities planning, buildings, structures and installation of outdoor advertising facilities on the use of the lands within the set should signed an agreement with the owners of the buildings and structures and inspection at the municipal administrative departments before signing the agreement in the buildings, structures and land set on the outdoor advertisements in the context of planning conditions and design requirements.
    Set set of outdoor advertising facilities must comply with the conditions for planning and design requirements, and shall be subject to supervision and inspection of the municipal administrative authorities. 21st article of the City set in urban roads, roads, squares and other public places (hereinafter referred to as public places) the assignment of the right of outdoor advertising facilities, implementation of the franchise system. Selection and determination of outdoor advertising facilities franchisee, may, in accordance with the relevant provisions of the franchise tender or auction.

    The use of outdoor advertising facilities in public places to take the request for transfer, in accordance with the People's Republic of China tendering and implementation of the relevant provisions of the law; auction sale, shall, in accordance with the People's Republic of China auction law the relevant provisions. On high (fast) speed Highway, and Changan Street extension (East up revival door West to Shougang Corporation East sections, West up founding door East Tongzhou town Dong Guan bridge sections), and II loop, and three loop, and four loop, and five loop, and six loop sides and airport, and urban within railway station around area, and economic and technological development zone of public outdoor advertising facilities franchise tender, and auction work, by city municipal management administrative competent sector is responsible for organization implementation; other public of outdoor advertising facilities franchise of tender, and
    Auctions by region, County and municipal administrative authorities responsible for implementation.
    Article 22nd of outdoor advertising facilities for assignment of the right in General, the term not exceeding 2 years; new electronic display devices, such as higher cost of outdoor advertising facilities, may be appropriately extended, but not longer than 4 years. Article 23rd outdoor advertising facilities in public places of assignment of the right to tender to determine successful artificial franchisees.
    Franchisees within the time stated in the franchise agreement and pay royalty fees, access to outdoor advertising facilities operated by concession.
    Assignment of the use of outdoor advertising facilities in public places through an auction, determined by auctions buy human franchisees, franchise agreements within the required time, namely access to outdoor advertising facilities operated by concession.
    Outdoor advertising facilities in public places of royalties included in the budget, earmarked for urban management.
    24th were right to franchise owners of outdoor advertising facilities in public places may not transfer franchises.
    Merger, Division, joint venture, cooperation with others, or asset sale and other change of enterprise's property right and need to change the franchise, municipal administration, as former franchisee approval of the Administrative Department, the concession may be transferred.
    25th outdoor advertisement facilities expiry of the franchise, again tender, auction, the original franchise in the performance of outdoor advertising facilities licence agreements during found no illegal violations, can enjoy the right of priority bidding on the same conditions.
    Article 26th in violation of these regulations, which belongs to the municipal people's Government has authorized the imposition of administrative penalty of comprehensive urban management enforcement organization, comprehensive urban management enforcement organization should impose administrative penalties according to law.
    Violation of these regulations, constitutes a breach of planning, transportation, gardening, public security and traffic, construction, environmental protection, quality supervision, industrial and commercial administration and production safety laws and regulations, by, gardens, public security, traffic planning, traffic, construction, environmental protection, quality supervision, industry and commerce administration, safety and other relevant administrative departments shall punish.
    27th installation of outdoor advertising facilities in violation of planning, by rectification of comprehensive urban management enforcement organization; it fails to mend, dismantled according to law and may be fined a maximum of 1000 Yuan and 10,000 yuan.
    The removal of outdoor advertising facilities according to law, the person responsible shall within the time provided in comprehensive urban management enforcement organizations to remove; fails to dismantle, can apply for execution of comprehensive urban management enforcement organizations, according to entrust professional enterprises to demolish, dismantle the costs borne by the responsible person.
    Outdoor advertising article 28th of traffic safety facilities and traffic signs and obstacles to safe horizon, influence passage, the public security traffic Administrative Department in accordance with the People's Republic of China stipulated in the road traffic safety law will be punished.
    Set outdoor advertising not meet national and this city security technology standard of, appeared vacant, and damaged, and stains and serious faded of, neon, and electronic displayed device, and lightbox, appeared broken bright, and damaged of, by city management integrated law enforcement organization ordered deadline corrected, and can at 500 Yuan above 5000 Yuan following fine; neon, and electronic displayed device, and lightbox, appeared broken bright, and damaged of, ordered in repair Qian stop using.
    29th before the implementation of these measures has been completed install outdoor advertising facilities do not meet the planning requirements, should be approved by the expiry of the period set down.
    Article 30th operator of outdoor advertising facilities in violation of the regulations, failed to carry out maintenance responsibilities, security incidents, and shall bear legal liability.
    31st installation of outdoor advertising facilities in violation of the rules by the competent administrative Department of the municipal administration to correct or cancel, the operator of outdoor advertising facilities were lost, and the loss is the fault of the relevant administrative organs, the administrative organs shall be liable.
    32nd article this municipal administrative organs and their staff in violation of the regulations, fails to perform the statutory duties or dereliction of duty, abuse of power, favoritism, and by a higher administrative authority or the relevant Department in charge shall command a correction, in charge and other personnel directly responsible for administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    Of the 33rd article of the municipal outdoor advertising in rural areas set up and management activities in accordance with the measures implemented. 34th article of the rules take effect on October 1, 2004.
                                                                                                                November 15, 1998 issued by the municipal people's Government abrogated the provisions on administration of outdoor advertisements in Beijing.

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