Relatively Centralized Administrative Punishment In Nanning, Nanning Municipal People's Government On The Revision Of The Decision Of The Implementation Measures

Original Language Title: 南宁市人民政府关于修改《南宁市相对集中行政处罚实施办法》的决定

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(July 15, 2004, Nanning city, consideration by the Standing Committee on August 7, 2004, Nanning Government released 23rd come into force on the date of promulgation) to the Nanning municipal people's Government for decision implementation of relatively concentrated administrative punishment methods as follows: first, remove the 15th article in the "display stands".
    Second, delete the fourth chapter 17th, 19th, 18th to fifth, incorporated into the chapter. C adjust, 22nd to 20th and adapted to "any vehicle (except for baby carriages, wheelchairs) may not be in public green areas, squares or parks.
    Non-motor vehicle driving or parked in a public green space, inside the square, with a warning can be fined 50 Yuan and 200 Yuan fines; motor vehicles allowed to enter the park or public green space, or inside the square, impose a fine of less than 300 yuan and 500 Yuan ".
    Four, the deletion of article 24th in the first "River, community life".
    24th article five, delete "community life".
    Six, 27th the first amendment "is not required on the sidewalk to park motor vehicles and give a warning, and can be fined a maximum of between 200 Yuan and 20 Yuan".
    Seven, 27th the second amendment as "non-motor vehicle on the sidewalk, pedestrian bridges, tunnels crossing the street illegally parked, given a warning and can be fined a maximum of a fine of 5 Yuan and 50 Yuan." Eight, 32nd is revised as follows: "law enforcement personnel should be presented in the performance of administrative law enforcement documents, using a unified law enforcement instrument.
    "In addition, some of the provisions of the text and provisions in order to make appropriate adjustments and modifications.
    Purposes from the date of publication of this decision.
    The measures for the implementation of relatively concentrated administrative punishment, Nanning city, corresponding amendments shall be made according to this decision, publish it again. Attached:, Nanning city, relative concentrated administrative punishment implementation approach (2004 amendment this) (May 21, 2001 City Government makes 3rd, released according to June 13, 2003 City Government on modified straddling, Nanning city, relative concentrated administrative punishment implementation approach of decided first times amendment according to August 7, 2004 City Government on modified straddling, Nanning city, relative concentrated administrative punishment implementation approach of decided second times Amendment) first chapter General first article for strengthening city management,
    Specification of relatively concentrated administrative punishment, according to the relevant provisions of the relevant laws and regulations of the State and the autonomous communities, these measures are formulated.
    Second comprehensive urban management enforcement in Nanning is the power of relatively concentrated administrative punishment of administrative bodies, is responsible for the implementation of measures for the implementation of the organization.
    Article, built-up areas, these measures are applicable to the present relatively centralized administrative penalty within the scope of the activity.
    Chapter II administration of city appearance and environmental sanitation fourth under any of the following acts shall be ordered to correct, ordered to clean up, remove or take other remedial measures, and can be punished with a warning or a fine: (a) the spitting, soiling, penalty of a fine of 50 Yuan and 200 Yuan.
    (B) the litter gum, fruit peels and cores, cigarette butts, scraps of paper, food packaging and other waste, and a fine of 10 Yuan and 50 Yuan fine.
    (C) unauthorised building (structures), facility and graffiti on the trees, description or, hanging promotional materials, advertisements, signs, each penalty of a fine of 50 Yuan and 100 Yuan.
    (D) away from buildings, balconies, window stacking, hanging hamper the city's article, not corrected by order, punishable by up to 20 Yuan and 50 Yuan fine.
    (E) the main road on both sides of the building (structure) the façade of buildings, facilities, not by city appearance standards for painting, finishing, cleaning, and setting sun without approval (rain) tent, set up safety net beyond the wall, punishable with a penalty of 200 Yuan.
    (Vi) from buildings or throwing body inside out, splashing, penalty of a fine of 50 Yuan and 200 Yuan.
    (G) waste into drains, toilets, pipes, or lined the roads to clear out a pile of sewage sludge, punishable with a fine of less than 50 Yuan and 500 Yuan.
    (VIII) fail to meet health obligations to clean cleaning obligations or not required transportation and treatment of garbage and feces, punishable with a fine of less than 50 Yuan and 500 Yuan.
    (I) the outdoor advertising, electronic display screens, neon signs, light boxes, Windows, signs which do not meet the criteria of urban appearance, ordered to repair, replacement, removal; fails to perform, can be fined 500 Yuan more than 1000 Yuan fine.
    (J) the street or road construction sites do not set fence or without shelter, according to the provisions set up warning signs, and not cleared up after the completion of construction, construction sites, fined 500 Yuan more than 1000 Yuan fine.
    (11) Street site mix concrete and other construction materials or construction of waste water and mud flooded city appearance and environmental sanitation, punishable with a penalty of 200 Yuan more than 2000.
    Article fifth without legal approval, installation of outdoor advertising facilities shall be ordered to dismantle, fails to remove, be dismantled in accordance with law, the costs borne by the illegal party, and can be fined a maximum of 2000 more than 10000.
    Sixth stolen, damaged or unauthorized relocation, closure of sanitation facilities, or changing the nature of, and ordered restitution in kind and compensation, and may be fined not more than the capital cost of 30% a maximum fine of not more than 10000 Yuan.
    Article seventh poultry livestock without permission and ordered process, fails to deal with the confiscated and fined 30 yuan and 500 Yuan fine.
    Article eighth of dogs and other pets entered the square, green, order the owner or Manager immediately brought out the dogs and other pets defecate, ordered to clean up, and the penalty of a fine of 50 Yuan and 200 Yuan.
    Nineth Street engaged in poultry slaughtering, meat and aquatic products processing, which affect environmental health activities, rectification, and liable to a fine of less than 50 Yuan and 500 Yuan.
    Tenth, power of relatively concentrated administrative punishment, without approval of the administrative authority, arbitrarily engaged in paid activities of urban environmental sanitation, given a warning and illegal gains shall be punishable by more than 1 time fined not more than 3 times.
    11th do not meet city health "menqiansanbao" responsibility or did not meet the goal units, given criticism, rectification, for those who do not correct it, depending on the seriousness, penalty of a fine of 50 Yuan and 200 Yuan.
    12th article by patriotic public health campaign Committee finds, has following behavior one of of, ordered deadline corrected or take other remedy measures, and can sentenced fine: (a) organ, and forces, and groups, and enterprises, and airport, and station, and port, and hotel, and catering shop, and various venues (by), and tourism attractions, and various warehouse, and farmers market, and residential not by provides carried out patriotic public health campaign of, sentenced 100 Yuan above 3000 Yuan following fine.
    (Ii) rats, flies, mosquitoes, cockroaches and four vector density exceeds the national standards, the unit can be fined a maximum of a fine of 100 Yuan and 500 Yuan, on penalty of a fine of 50 Yuan and 500 Yuan to individuals.
    (C) breeding places of mosquitoes, flies are not cleaned, by breeding ground for every penalty of a fine of 10 Yuan and 50 Yuan a square meter.
    (D) the production, sale and storage of food, food and beverage stores, farmers ' markets without complying with the provisions set a trap light, insect-proof mosquito nets, rat-proofing (or Board) and other facilities, each one for 10 Yuan and 50 Yuan fine.
    13th smoking in non-smoking public places to discourage invalid and penalty of a fine of 50 Yuan and 100 Yuan. Chapter III management of municipal facilities 14th allowed to dig into City Road, rectification, and a fine of 10000 Yuan fine.
    Loss, liability shall be borne.
    15th article in the context of urban road management, the vehicles transporting the bulk solid, fluid without sealing, bandage covers, causing leaks into the city, leaving behind vehicles or tires with mud roads, pollution, polluted Road area penalty of 15 yuan per square meter more than 40, the maximum fine shall not exceed 10000 Yuan. 16th article in city road management range within, has following violations one of of, ordered deadline corrected, and recovery undisturbed, not caused municipal facilities damaged of, can sentenced 50 Yuan above 500 Yuan following fine; caused municipal facilities damaged of, should law bear compensation responsibility, and can sentenced 500 Yuan above 5000 Yuan following fine; plot serious of, can sentenced 5000 Yuan above 30000 Yuan following fine: (a) unauthorized stacked material, construction job of; (ii) unauthorized occupied road opened market, and
    Parking of; (three) to drainage facilities dumping garbage, and muck, and wastewater, waste of; (four) emissions sewage, and flush vehicles of; (five) unauthorized set booth, and newspaper Pavilion, and milk Pavilion, of; (six) unauthorized in roadway and sidewalk Zhijian of steps at built slopes of; (seven) damaged, and moved, and block road brand; (eight) unauthorized driving track car, and iron round car and the overweight, and super high, and super long vehicles of; (nine) damage, and occupation road facilities of other behavior.
    17th should be liable for causing damage to municipal facilities, transfer of relevant departments according to law.
    The fourth chapter article 18th urban green management in the Park and departments outside the garden, have one of the following acts shall be ordered to stop infringement, of responsible or responsible person and a fine: (a) the unauthorized occupation of urban green space, ordered to stop the infringement, restoring green space and fined a maximum of up to 30 yuan and 150 yuan per square meter.
    (B) unauthorized public green space opened within the green belt, street stalls or advertising of commercial services, ordered vacated or removed, and can be fined a maximum of between 1000 Yuan and 100 Yuan.
    (C) the cutting, transplanting, pruning the trees without authorization, shall be ordered to immediately stop confiscation of cutting down trees, and damage to the trees-3 times 1 time times times the value of fines.
    (D) in the tree or trees rely on heavy circles and erect, digging pits, soil, light a fire, and impose a penalty of 10 Yuan and 500 Yuan.
    (E) unauthorized street trees lay beside the hardened ground, bricks, vegetables and stacking materials, fined 500 Yuan fine. (F) the trample damage to landscaping practices such as green, oranges flowers, punishable with a penalty of 100 Yuan.

    19th in the town square, one of the following acts, ordered compensation for damage to plants, facilities and crushing losses on the ground, and between 100 Yuan and 10 Yuan the following penalties: (a) damage to trees and flowers in the field, the field of public facilities in; (b) lying on the seat, stone and other uncivil behavior. Article 20th all vehicles (except for baby carriages, wheelchairs) may not be in public green areas, squares or parks.
    Non-motor vehicle driving or parked in a public green space, inside the square, with a warning can be fined 50 Yuan and 200 Yuan fines; motor vehicles allowed to enter the park or public green space, or inside the square, impose a fine of less than 300 yuan and 500 Yuan.
    21st a citizen, legal person or other organization urban green spaces, green infrastructure damage caused should be liable, handed over to the urban landscape administrative departments according to law.
    The fifth chapter of environmental protection of the 22nd under any of the following acts, shall be ordered to correct the violations, ordered to clean up, be liable: (a) dumps rubbish in public places such as streets, green space, slag, waste such as manure, sewage or throwing dead animals shall be liable to penalty of 100 Yuan and 500 Yuan.
    (B) urban roads, green areas, squares, refuse collection containers of burning waste, impose a penalty of 20 Yuan and 500 Yuan.
    (C) not required storage waste caused overflow, polluting the environment, a fine of 100 Yuan more than 1000 Yuan fine.
    Article 23rd hospitals, nursing homes, slaughterhouse waste, biological products factory unit must be in accordance with the relevant regulations, shall not be mixed with household waste or any abandoned emission, polluting the environment, offenders sentenced to between 200 Yuan more than 1000 Yuan fine.
    The sixth chapter article 24th of industry and commerce, one of the following acts shall be ordered to correct and liable: (a) in the streets, squares and other public places of hawking without a licence can be fined 200 Yuan fines; serious cases, suspension of offence-related items, and liable to a fine of less than 200 Yuan and 500 Yuan.
    (B) outside the fairgrounds or hawking vegetables and agricultural products is not in the specified locations and give a warning, and punishable with a penalty of 100 Yuan.
    (C) unauthorized cross-bar business hawking in public places or beyond the off-road venue operators can be fined a maximum of a fine of 50 Yuan and 500 Yuan.
    25th chapter seventh public security traffic management under any of the following acts, shall be punished as follows: (a) not required motor vehicle parked on the sidewalk and give a warning, and punishable with a penalty of 20 Yuan and 200 Yuan.
    (B) the non-motor vehicle on the sidewalk, pedestrian bridges, tunnels crossing the street illegally parked, given a warning and a fine of 5 Yuan and 50 Yuan fine.
    Illegal parties in the preceding paragraph are not on site, or refusing to accept treatment, lockable wheel or the towing vehicle to the designated place and shall inform the parties in a timely manner.
    26th has not been ratified, taking up sidewalk business of custody of the vehicle and shall be liable to penalty of 500 Yuan.
    The eighth chapter by-laws provisions of the implementation measures for the 27th article of the violations committed by the municipal power of relatively concentrated administrative punishment administrative organs to exercise the power of administrative penalty and related administrative departments shall not exercise, exercise, make a decision of administrative penalty shall be invalid.
    28th of municipal administrative organs investigated and dealt with offences relative-centralized administrative punishment right, may exercise the following powers: (a) ask violator, suspect, witness, and may be required to provide supporting materials, (ii) it is necessary, suspension of offence-related items and tools, and inform the violator to a specific location within a limited time.
    29th article temporarily buckle items by following provides for processing: (a) violations people perform administrative processing decided Hou, by temporarily buckle of items and tool should to returned; (ii) violations people late not accept processing of, by city relative concentrated administrative punishment right administrative organ on temporarily buckle items for auction, on easy rot metamorphic and other cannot custody of temporarily buckle items law for sold, proceeds payments surrendered Treasury; (three) temporarily buckle of illegal prohibited items transfer about sector law processing.
    Article 30th law enforcement personnel should be presented in the performance of administrative law enforcement documents, using a unified law enforcement instrument.
    31st when law enforcement officers investigating violations, should stick to education, punishment, supplemented by, the principle of combining education with punishment.
    32nd of municipal administrative organs in accordance with the relative-centralized administrative punishment right People's Republic of China law enforcement of the provisions of the law on administrative punishment procedures.
    Article 33rd found related administrative law enforcement, improper power of relatively concentrated administrative punishment administration punishment should be relative-centralized administrative punishment right back to city administration, municipal administrative organs of power of relatively concentrated administrative punishment are not corrected in a timely manner, relevant administrative departments can be brought to the municipal people's Government to deal with it.
    34th a citizen, legal person or other organization, power of relatively concentrated administrative punishment administration refuses to accept the decision on administrative penalty made may, within 60 days of receipt of the written decision of administrative penalty to the municipality may apply for administrative reconsideration, or directly to a people's Court according to law.
    35th way, relative-centralized administrative punishment right administrative authorities performing official duties according to law, violation of the provisions of the social security administration, the public security organs in accordance with the punishment constitutes a crime, criminal liability shall be investigated for their.
    Power of relatively concentrated administrative punishment administration law enforcement personnel in law enforcement activities in malpractices for personal gain, dereliction of duty and abuse of power, law by his entity or his upper level organs to be administrative sanctions constitute a crime, criminal liability shall be investigated for their.
    Article 36th to interpret the implementation by the municipal people's Government legal agencies.
                                                                                                        Implementation measures for the 37th article of the implementation from the day of promulgation.

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