Henan Province, Henan Provincial People's Government On The Revision Of The Ordinance Of City Appearance And Environmental Sanitation Management Decision Implementation

Original Language Title: 河南省人民政府关于修改《河南省〈城市市容和环境卫生管理条例〉实施办法》的决定

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(December 4, 2003 Henan Province Government 37th times Executive Conference considered through December 8, 2003 Henan Province Government makes 80th, announced) to further strengthening city city and sanitation of management, improve citizens of social civilization consciousness, created clean beautiful of work life environment, Henan Province Government decided on Henan province straddling city city and sanitation management Ordinance implementation approach for following modified: a, and delete 11th article second paragraph. Second, the 13th paragraph (a) is amended as: "outdoor advertising in the city. "Third, the 26th article is revised as follows:" units and individuals have certain conditions and capacity, establishment of municipal solid waste cleaning, transport, harmless treatment and comprehensive utilization of waste professional services enterprise, implementation of paid services. "Four, the 28th article is revised as follows:" no spitting, soiling, littering (nuclear), scraps of paper, cigarette butts, packaging (bags, boxes), soda (bottle, box), chewing gum residue, waste batteries, dead animals and other debris.
    "An increase in" soil prohibit pets in public places "as the fifth paragraph.
    The fifth paragraph is amended as: "in open spaces and garbage collection within the container is strictly prohibited burning branches (leaves), rubbish or other items" as the sixth paragraph. Five article 30th, amended to read: "breach of these rules, any of the following acts, departments of city appearance and environmental sanitation administration by the City Government be ordered to correct the violations, remove dirt, stains, or to take other remedial measures, and in accordance with the following warning, a fine, fine specific criteria determined by the provincial people's Governments according to local circumstances. "(A) is amended as:" the spit, soil and spilled sewage, littering (nuclear), scraps of paper, cigarette butts, packaging (bags, boxes), soda (bottle, box), chewing gum residue, waste batteries, dead animals and other debris, and sentenced to between 5 and 50 Yuan fine. "In subsection (10) is amended as:" in open spaces and garbage collection containers burned branches (leaves), rubbish or other items, each sentenced to more than 10 Yuan, 50 Yuan fine. "In subsection (11) is amended as:" the livestock and pet carriers for livestock or pet feces is not cleared in a timely manner, and impose a penalty of more than 10 Yuan, 50 Yuan. "In subsection (12) is revised as follows:" stall operators along with littering and sentenced to more than 20 Yuan, 50 Yuan fine. "Six, the 32nd paragraph (a) is amended as:" setting affects the appearance of outdoor advertising without permission, punishable by penalty of between 100 and 500 yuan each.
    "Seven, delete the 33rd article. Section eight, 36th is amended as: "refuses to accept the decision on administrative penalty, in accordance with the People's Republic of China administrative review law applies for reconsideration, parties may also, in accordance with the People's Republic of China provided directly to the administrative procedure law of the people's Court. "The 39th article nine, be modified to:" implement relative-centralized administrative punishment right city penalties for city appearance and environmental sanitation violations committed by centralized administrative punishment power machinery. "This decision shall enter into force on January 1, 2004.

    Henan province city appearance and environment sanitation management Ordinance be revised according to this decision of the measures for the implementation of, and publish it again. Attached: Henan province city city and sanitation management Ordinance implementation approach (2003 amendment this) (January 5, 1997 provincial government makes 29th, released, according to December 8, 2003 Henan Province Government on modified Henan province straddling city city and sanitation management Ordinance implementation approach of decided Amendment) first chapter General first article to strengthening city city and sanitation management, created clean, and beautiful of city work, and life environment,
    Promote the construction of Socialist material civilization and spiritual civilization of the city, according to the State Council regulations on the management of city appearance and environmental sanitation (hereinafter referred to as the regulations), combined with the actual situation in our province, these measures are formulated.
    Second of all units and individuals in this province, the city, and are required to comply with the Ordinance and these rules.
    Article urban construction administrative departments of the province's city appearance and environmental sanitation administration.
    City people's Government departments of city appearance and environmental sanitation administration responsible for the administration of city appearance and environmental sanitation administration.
    Fourth municipal people's Governments shall organize the preparation of urban planning of sanitation and planning into overall urban planning, the plan for national economic and social development, achieve uniform layout, arrangement and take practical measures to supervise the implementation.
    City people's Government shall, in accordance with national and provincial regulations, combined with the actual situation of the area, and actively implement the contract, temporary and seasonal workers, sanitation reform of the employment system.
    Article fifth municipal people's Governments shall encourage scientific and technological research of sanitation, promoting advanced garbage treatment technology, strengthen the dissemination of scientific knowledge of city appearance and environmental sanitation, improve citizens ' awareness of environmental health, to develop good health habits.
    Sixth people's Governments of cities monitored by the competent administrative Department of sanitation managers should supervise and inspect the work on this area of city appearance and environmental sanitation.
    Monitor management officer in the execution of their official duties, shall take the initiative to show their IDs, and wear a sign of law enforcement.
    City appearance and environmental sanitation administration authorities at various levels should regularly monitor management personnel training, improve the quality of supervision staff.
    Article seventh in the city appearance and environmental sanitation units and individuals that have achieved outstanding successes in work by the local people's Government or the departments of city appearance and environmental sanitation Administration give recognition or reward.
    Chapter II administration of city eighth city roads, drainage, sanitation, lighting, bridges and culverts, defence, electricity, telecommunications and other public facilities and buildings and structures, as well as Fairgrounds, public places, and shall meet the requirements of the national standard for urban looks.
    Open cities, scenic city, and other cities have conditions, can be combined with local specific conditions, development of city appearance standards under the martial law in the country; towns can refer to the city appearance standards prescribed by the State. Nineth new construction, expansion or reconstruction of all buildings, structures, should pay attention to architecture, its shape, decoration and so on shall be coordinated with the surrounding environment.
    With the historic preservation of buildings of historical value, should retain their original appearance and characteristics.
    Existing public facilities, buildings and cities, should be kept intact, clean, beautiful, and periodic renovations, refreshing. Tenth Street-the main street of the city building balconies, terraces, corridors and outside the window, no stacking, hanging eyesore.
    Building or enclosed balcony, must comply with the relevant provisions of the municipal people's Government departments of city appearance and environmental sanitation administration. Running 11th in the urban areas of transport, should be kept intact, clean appearance.
    Liquid, bulk freight vehicle transport should be sealed, bandage, cover, no leaks, leaving.
    City vehicle cleaning stations (point), specialized cleaning the site and sedimentation (sediment) facilities shall not be along the street washing vehicles.
    12th article City urban within of engineering construction site must do: (a) in approved of accounted for to range within job; (ii) material, and machines should stacked neatly; (three) muck should timely removal, keep clean; (four) construction water shall not overflow, row into city sewage system of should be processing; (five) site should set guardrail or surrounding cloth block, guardrail or surrounding cloth yiwai no heap material abandoned material; (six) shutdown site should timely finishing and for necessary of cover; completed Hou, should timely cleanup and flat site. 13th article has following behavior one of of, must by City Government city sanitation administrative competent sector audit agreed Hou, according to about provides handle approval procedures: (a) in City set outdoor advertising of; (ii) in city main street of street building for external decoration, and built of; (three) in city street sides or public temporary stacked material, and built temporary buildings, and structures or other facilities of; (four) in city street sides and public set kiosks, and fixed stalls, and booth, and
    Food stalls.
    14th in the City set up outdoor advertising, banners, galleries, Windows, signs, health, appearance, specifications, and maintenance, decorative or regular oil removed.
    15th is prohibited in city buildings, public facilities, as well as graffiti or portrays or nail to hang items on the tree.
    Approved by the Department of city appearance and environmental sanitation administration suspended posted signs, banners and other promotional materials, should meet the standards of city appearance request expired should be removed in a timely manner.
    16th city roads not eyesore and sanitation of the production, processing, stalls set up here, shop sales and other activities.
    Fairgrounds facilities shall be uniform and tidy, market management should do the huaxingguishi management, personnel shall not account for your business sales.
    Chapter 17th people's Governments of cities for urban sanitation management Department of city appearance and environmental sanitation administration shall, according to requirements of city appearance and environmental sanitation planning and organization for the harmonization of construction and management of city appearance and environmental sanitation facilities.
    18th the city's public toilets, refuse transfer stations, sanitation special vehicle, garbage disposal, sanitation workers and other sanitation facilities in the workplace, shall conform to the regulations of the State of urban environmental sanitation facilities set the standard.
    19th in the development of new urban areas or old city reconstruction and the construction of large public buildings, should be in accordance with the relevant provisions of the State and urban environmental sanitation planning, construction of latrines and waste cleaning, collection, transportation, treatment and other sanitation facilities, requirements incorporated into the construction project budget. Sanitation facilities shall comply with the national environmental sanitation standards, and synchronize with the main part of the project design, construction and commissioning.

    20th city people's Government departments of city appearance and environmental sanitation Administration should be based on local needs, design of public toilet construction plan, and in accordance with the prescribed standards, construction, reconstruction or supervise construction, reconstruction and public toilets.
    Cities should focus on the development of flush public toilets.
    Urban medium and large shops (field), markets, restaurants, tourist attractions, train stations, ports and other public places, its management unit should have open to the under construction using flush public toilets.
    21st urban people's Government departments of city appearance and environmental sanitation administration shall be equipped with professional, or entrust the relevant units and individuals responsible for cleaning and management of public toilets, units and individuals can also contract management of public toilets and sanitation work.
    Flush a public toilet Manager, in accordance with provincial departments of urban construction administration, in conjunction with the Ministry of finance, prices stipulated by the competent department charges user fees, health and is responsible for the management of public toilets up to the required hygiene standards.
    22nd multi-storey and high-rise buildings should be set to facilitate collecting closed garbage or waste storage facilities, transportation, and construction of a transportation vehicle.
    Urban streets should be in accordance with the plan set a waste transfer station and in accordance with the requirement of sanitation facilities and garbage bin.
    City people's Governments should energetically promote urban domestic waste bagging, classification and collection, transport and harmless treatment and comprehensive utilization.
    Article 23rd all units and individuals are not allowed to dismantle environmental sanitation facilities, building needs to be demolished, the construction units must be prior to the demolition programme, city people's Government departments of city appearance and environmental sanitation Administration approval or compensation cost of sanitation facilities, arranged by Department of city appearance and environmental sanitation administration reconstruction. 24th article city sanitation of cleaning cleaning and waste of collection, and transport, and processing, sanitation work, by City Government city sanitation administrative competent sector unified supervision management, and according to following provides grading, and points sector is responsible for: (a) city of main street, and square and public waters by city sanitation professional units is responsible for; (ii) residential, and streets by subdistrict offices is responsible for; (three) organ, and groups, and forces, and enterprises garden and family district by this units is responsible for; (four) airport
    , And railway station, and station, and bus story station, and parking, and port, and theaters, and Museum, and Gallery, and Stadium (Museum), and Memorial and Park, public, by this units is responsible for; (five) city of country market by hosted units is responsible for; (six) sporadic commercial stalls by owners is responsible for; (seven) City economic and technological development zone and landscape tourist area (points) by its management institutions is responsible for; (eight) urban within railway along by railway sector is responsible for;
    (I) urban waterway passenger and cargo terminal operations within the waters of the port by the port passenger and cargo transport business unit is responsible for, (10) driving or parked in urban waters of all kinds of ship by the ship responsible for the (11) urban snow clearing by dicing dry unit (12) city people's Government departments of city appearance and environmental sanitation Administration Division of the health area of responsibility the responsibility specified by units or individuals responsible.
    Department of city appearance and environmental sanitation administration of each health unit in charge of sanitation cleaning work should be timely guidance, supervision and inspection.
    25th city people's Government departments of city appearance and environmental sanitation Administration to municipal solid waste collection, transportation and processing supervision and administration. All units and individuals shall be in accordance with the municipal people's Government departments of city appearance and environmental sanitation administration time, place, dumping of garbage and feces.
    It is forbidden to pour water or high parabolic.
    26th environmental health management should be the progressive introduction of specialization and socialization.
    Units and individuals that possess the necessary conditions and capacity, establishment of municipal solid waste cleaning, transport, harmless treatment and comprehensive utilization of waste professional service enterprises, the implementation of paid services. Where an environmental health professional unit cleaning, waste collection, transportation and processing shall pay service fee.
    Sanitation removal services specific management practices by urban construction administrative departments of the province, in conjunction with the provincial Finance Department, price departments.
    27th the hospitals, nursing homes, slaughterhouses, meat processing plants, biological products factory of solid wastes, should consist of units use special containers for collection, transport, treatment, or an environmental health professional unit centrally, meet state standards.
    It is strictly forbidden to industrial, medical and other industries produce hazardous solid wastes mixed with municipal solid waste.
    28th City tourist attractions, train stations and other public places, as well as city streets or mobility-intensive areas, environmental health facilities shall, in accordance with the relevant provisions and the establishment of clear signs.
    No spitting, soiling, littering (nuclear), scraps of paper, cigarette butts, packaging (bags, boxes), soda (bottle, box), chewing gum residue, waste batteries, dead animals and other debris.
    Operators of fixed, mobile stalls, you must configure the necessary waste collection containers, responsible for clean around the booth.
    Animal-drawn vehicles shall be truck-carrying manure into the urban areas, removing animal waste.
    Soil prohibit pets in public places.
    In open spaces and garbage collection within the container is strictly prohibited burning branches (leaves), rubbish or other items.
    29th City urban area, forbidding the keeping of chickens, ducks, geese, rabbits, sheep, pigs and other animals; raised in teaching, research, and other special needs, subject to the approval of the local municipal people's Government departments of city appearance and environmental sanitation administration. Fourth chapter penalty is 30th article violation this approach provides, has following behavior one of of, by City Government city sanitation administrative competent sector ordered its corrected violations, clear dirt real, and stains or take other remedy measures, and by following provides give warning, and fine, which fine of specific standard by cities Government according to local situation determine: (a) anywhere spit, and soil and mess poured sewage, mess threw Peel (nuclear), and confetti, and cigarette butts, and wrapping paper (bags, and box), and beverage tank (bottle, and box), and gum slag, and Waste battery, and animal body, waste of, sentenced 5 Yuan above, and 50 Yuan following fine; (ii) in City Government determine of main street Street buildings of balcony and window stacked, and hanging hinder City items of, sentenced 5 Yuan above, and 20 Yuan following fine; (three) in city buildings, and facilities and trees Shang graffiti, and description, or without approved display, and posted advertisement, of, sentenced each at 10 Yuan above, and 50 Yuan following fine; (four) not by city sanitation administrative competent sector provides of time, and Locations, and way dumping garbage, and stool, insufficient 1 tons of, sentenced 50 Yuan above, and 200 Yuan following fine; over 1 tons of, sentenced each tons 200 Yuan fine, but, actual practice penalty of amount shall not over 10,000 yuan; (five) not perform health responsibility district cleaning cleaning of, or winter not perform except snow obligations of, sentenced 100 Yuan above, and 1000 Yuan following fine; (six) transport liquid, and bulk goods not for sealed, and dressing, and cover caused leaked, and left sub of,
    Each car sentenced 30 yuan fine or sentenced each square meters 10 Yuan fine, but, actual practice penalty of amount shall not over 10,000 yuan; (seven) Street site not set guardrail or not for block, shutdown site not timely finishing and for necessary cover or completed Hou not timely cleanup and flat site, effect city and sanitation of, sentenced 200 Yuan above, and 1000 Yuan following fine; (eight) not by provides timely removal, and processing stool of, sentenced 50 Yuan above, and 300 yuan following of fine;
    (Nine) in city road or sidewalk Shang engaged in various job Hou, not clear debris, and muck, and sewage mud of, sentenced 100 Yuan above, and 500 Yuan following fine; (10) in open places and garbage collection container within burning branches (leaves), and garbage or other items of, each at sentenced 10 Yuan above, and 50 Yuan following fine; (11) livestock or pet of carry who on livestock or pet of stool not timely clear of, sentenced 10 Yuan above, and 50 Yuan following fine;
    (12) stalls of operators anywhere discarded garbage of, sentenced 20 Yuan above, and 50 Yuan following fine; (13) will harmful solid waste mix city life garbage of, sentenced each tons 1000 Yuan above, and 2000 Yuan following fine; (14) not by provides of locations, and way flush vehicles, caused sewage overflow, and abandoned garbage of, sentenced 100 Yuan above, and 500 Yuan following fine.
    31st unauthorized feeds animals affect the city appearance and environmental sanitation, Department of city appearance and environmental sanitation administration by the city government ordered confiscation or who refuses to deal with, poultry each punishable by more than 5 Yuan, 10 Yuan fines; animals per head more than 50 Yuan, 100 Yuan fine. 32nd article violation this approach, has following behavior one of of, by City Government city sanitation administrative competent sector ordered its stop violations, deadline cleanup, and demolition or take other remedy measures, and can by following provides sentenced fine: (a) unauthorized set outdoor advertising effect city of, sentenced each at 100 Yuan above, and 500 Yuan following fine; (ii) unauthorized in street sides and other public temporary stacked material, and stall presence effect city of, sentenced 50 Yuan above, and 200 Yuan following fine ; Set non-permanent buildings and structures or installation of kiosks and other facilities, city, sentenced to between 300 and 1000 Yuan fine, (iii) unauthorized removal of sanitation facilities or not according to the approved demolition the demolition programme, the facilities cost fined not more than 3 times.
    However, the actual fines not exceeding the amount of 10,000 yuan. 33rd article if it does not meet city appearance standards, sanitation standards in buildings or facilities, departments of city appearance and environmental sanitation administration by the City Government in conjunction with the Department of urban planning administration, order the relevant units and individuals within a renovation or demolition. Overdue renovation or demolition, approved by the people's Governments above the county level, city appearance and environmental sanitation administration by the city government departments or departments of City Planning Administration torn and can be sentenced to between 5000 and 10,000 yuan fine.

    34th article damaged various environment health facilities and subsidiary facilities of, by City Government city sanitation administrative competent sector ordered its recovery undisturbed, can and at 100 Yuan above, and 5000 Yuan following of fine; theft, and damaged various environment health facilities and subsidiary facilities, should give security management punishment of, by police organ in accordance with People's Republic of China security management Punishment Ordinance of provides punishment; constitute crime of, by judicial organ law held criminal.
    35th insulted, beaten appearance and environmental sanitation staff, or obstruct the execution of their duties, in accordance with the People's Republic of China public security administration punishment regulations the provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 36th refuses to accept the decision on administrative penalty, in accordance with the People's Republic of China administrative review law applies for reconsideration, parties may also, in accordance with the People's Republic of China provided directly to the administrative procedure law of the people's Court.
    37th city people's Government departments of city appearance and environmental sanitation administration neglects his duty, abuse of authority or engages in from their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 38th located town, formed the independent industrial and mining areas, urban neighborhoods can refer to these measures.
    39th article of relative-centralized administrative punishment right city penalties for construction of city appearance and environmental sanitation by the centralized administrative punishment power machinery.
                40th article this way as of the date of promulgation.