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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(February 15, 2008 the Nanning Government consideration at the 35th Executive meeting on May 23, 2008, Nanning Government released 18th come into force on the date of promulgation) municipal decisions on the management of temporary occupation road, Nanning city, as follows: a, the second "in built-up areas of the city within the temporary occupation of the road, these measures shall apply. "Is amended as:" the temporary occupation of roads within the planning area in this city, these measures shall apply.
    "Second, the article" the road mentioned 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.
    "Is amended as:" the road mentioned in these measures refers to the city streets, bridges, underground Street corridor, viaducts and tunnels for vehicles, pedestrians and public square, public car park. Temporary occupation of roads in these measures refers to the short period (maximum of 1 year, belong to the main road and the maximum amount of not more than 3 months) road stacking materials, construction, business events, celebrations, and set parking, breakfast point of sale, kiosk, IC telephone booths and other acts affecting function. "Third, fourth article" City urban Administrative Department is responsible for the area within approved off-road behavior day to day management and supervision. "Amended to read:" City Department of municipal administration in accordance with the responsibilities under the municipal road management is responsible for the temporary occupation of the area. "Four, fifth" 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 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. "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 apply for.
    Off-road built a temporary structure, you must ask the Administrative Department of planning permission. Due to emergency repairs to water, electricity, gas, telecommunications, urban infrastructure, such as a temporary occupation road, first a temporary occupation, but shall promptly report to public security organs traffic management departments and municipal administrative authorities, and applying for the examination and approval procedures. "The second paragraph of article five, delete the sixth" off-road built a temporary structure, requires the consent of the municipal urban planning Administrative Department affects traffic safety, municipal administrative departments of concurrence of the public security organs traffic management departments handle of the temporary occupation permit. "Six, seventh," Apart from 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. "Is amended as:" in addition to telephone booths, kiosks, breakfast sales points, forbidden to occupy the 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 and to the public. "Seven, and eighth article first paragraph first items" (a) bus waiting Pavilion 30 meters range within "modified for:" (a) effect bus, and ambulance, and fire engine access station, and emergency station, and fire station of sections "; third items" (three) Road cross junction and stadia triangle range within and railway junction, and detours, and narrow road, and bridge control range 30 meters within "modified for:" (three) cross junction, and railway junction, and urgent detours, and bridge deck, and steep, and tunnel and distance above locations 50 meters range within of sections "
    The fourth, "(d) the fire exits and fire-fighting facilities within 10 m" is revised as follows: "(d) within 10 metres of the fire escape and fire installations"; adding a sixth: "(f) the provisions of other laws, rules and regulations." The second paragraph of "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. "Is amended as:" urban, landscape, water, electricity, gas, telecommunications, transportation and other urban infrastructure construction, maintenance, repair works, temporary occupation of urban roads, but not affected by the provisions of the preceding paragraph. "The first paragraph of section eight, the 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. "Is amended as:" the temporary occupation of roads, approved by the competent authority shall, in accordance with price fees to pay road fees. By Government or Government Department organizes promotional and commemorative activities, celebrations and other public welfare temporary occupation of roads should be exempt from road fees. "Ninth, tenth" approved period of temporary occupation of roads shall not exceed 1 year, after expiration of the off-road must continue to occupy, should again go through examination and approval procedures in the 30th prior to the expiration. "Modified for:" approved temporary occupied road should comply with following time provides: (a) carried out commercial activities, and celebration activities of, occupied term most long shall not over 7th; (ii) set breakfast sales points, and newspaper Pavilion, and IC booth, and vehicles Park points of, occupied term most long shall not over 1 years (which occupied main road of term most long shall not over 3 months); (three) stacked material of, occupied term most long shall not over 3 months; (four) construction mining, and occupied of,
    Each face (pit) construction shall not exceed 3 months. Due to special circumstances continue to temporarily occupy the road, shall, on the expiry of 7th extension formalities apply to the approval authority, the approval authorities shall, before the expiry of the decision whether or not to grant an extension.
    "Ten and 11th" for city construction and management or traffic management needs, 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. "Amended to read:" for urban construction, traffic management, municipal utilities to repair or special needs such as emergency rescue and disaster relief, approved a temporary occupation of roads, municipal administrative departments have the right to adjust the area, duration or stop use, road occupier should match. Adjust the area occupied, occupied by term or stop, municipal administrative departments should return the corresponding road fees. "Third, the 12th article of the first" (a) suspension of the temporary occupation permit in the field "is amended as:" makeshift shanty, stacking of materials, construction, carrying out commercial activities, celebrations should be hung at the scene of the temporary occupation permit, and the temporary occupation of publicity. The temporary occupation of public notice shall set forth the name of unit or units, location, scope and area occupied, covering road beginning and ending dates, contact information, and so on.
    Set the breakfast point of sale, kiosk, IC telephone booths, parking should be hanging at the site of the temporary occupation permit ".
    Delete article 12th the eighth "(h) the temporary occupation required diversion of traffic facilities, should be reported to the public security traffic management agreed in advance, no damage to roads and traffic safety facilities". Remove the 12th article "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. "12, and 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. "Is amended as:" violates these measures unauthorized occupation of roads by the municipal administrative authorities shall order the restitution within a time limit, and, if the circumstances are serious, and liable to a fine of less than 50 Yuan more than 2000 Yuan; municipal facilities caused severe damage, can be fined a maximum of 2000 more than 20000 Yuan. "13, and 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) of the regulations, fined a maximum of between 2000 Yuan and 200 Yuan. "Is amended as:" disobey the 12th article, caused no accidents, by the municipal administrative departments be ordered to rectify, clearance of payment of municipal facilities, repair costs, and to a fine below 500 Yuan and 3000 Yuan.
    "In addition, the provisions of the order, and adjust text accordingly and modify.
    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 (2008 amendment this) (on January 21, 2003, Nanning 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 first times amendment, according to on May 23, 2008, Nanning city, Government on modified straddling, Nanning city, temporary occupied road management approach of decided second times Amendment) first article for strictly control temporary occupied road behavior,
    Give full play to function of the road, road traffic safety, maintain the city clean, according to the regulations on the administration of urban roads and the Nanning municipal facilities management Ordinance and relevant regulations, combined with the municipality, these measures are formulated.
    Article in temporary occupation of roads within the planning area of the city, these measures shall apply.
    Third Road mentioned in these measures refers to the city streets, bridges, underground Street corridor, viaducts and tunnels for vehicles, pedestrians and public square, public car park.
    Temporary occupation of roads in these measures refers to the short period (maximum of 1 year, belong to the main road and the maximum amount of not more than 3 months) road stacking materials, construction, business events, celebrations, and set parking, breakfast point of sale, kiosk, IC telephone booths and other acts affecting function.
    Fourth municipal administrative authorities responsible for implementation of this approach.
    City Department of municipal administration in accordance with the responsibilities under the municipal road management is responsible for the temporary occupation of the area.
    Public security, planning, industry and commerce, construction 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.
    Off-road built a temporary structure, you must ask the Administrative Department of planning permission.
    Due to emergency repairs to water, electricity, gas, telecommunications, urban infrastructure, such as a temporary occupation road, first a temporary occupation, but shall promptly report to public security organs traffic management departments 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; (b) the examination and approval by the Administrative Department of the temporary occupation permit will be issued. Seventh addition to telephone booths, kiosks, breakfast sales points, forbidden to occupy the 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 and to the public. Eighth article in following road range within, shall not approved temporary occupied: (a) effect bus, and ambulance, and fire engine access station, and emergency station, and fire station of sections; (ii) hospital, and school front road sides the 100 meters range within; (three) cross junction, and railway junction, and urgent detours, and bridge deck, and steep, and tunnel and distance above locations 50 meters range within of sections; (four) fire channel and the fire facilities around 10 meters range within; (five) people line Flyover, and
    Pedestrian underpass and its surroundings within 10 metres, (vi) other limits prescribed by laws, rules and regulations.
    Urban, landscape, water, electricity, gas, telecommunications, transportation and other urban infrastructure construction, maintenance, repair works, temporary occupation of urban roads, but 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.
    By the Government or Government departments organize publicity, commemorative activities, celebrations and other public welfare temporary occupation of roads should be exempt from road fees.
    Road occupancy fee should be paid in full the financial sector. Tenth article approved temporary occupied road should comply with following time provides: (a) carried out commercial activities, and celebration activities of, occupied term most long shall not over 7th; (ii) set breakfast sales points, and newspaper Pavilion, and IC booth, and vehicles Park points of, occupied term most long shall not over 1 years (which occupied main road of term most long shall not over 3 months); (three) stacked material of, occupied term most long shall not over 3 months; (four) construction mining, and occupied of,
    Each face (pit) construction shall not exceed 3 months.
    Due to special circumstances continue to temporarily occupy the road, shall, on the expiry of 7th extension formalities apply to the approval authority, the approval authorities shall, before the expiry of the decision whether or not to grant an extension. 11th due to urban development, traffic management, municipal utilities to repair or special needs such as emergency rescue and disaster relief, approved a temporary occupation of roads, municipal administrative departments have the right to adjust the area, duration or stop use, road occupier should match.
    Adjust the area occupied, occupied by term or stop, municipal administrative departments should return the corresponding road fees. 12th approved temporary off-road units and individuals must comply with the following provisions: (a) temporary shanty, stacked materials and construction, carrying out commercial activities, celebrations should be hung at the scene of the temporary occupation permit, and the temporary occupation of publicity. The temporary occupation of public notice shall set forth the name of unit or units, location, scope and area occupied, covering road beginning and ending dates, contact information, and so on. Set breakfast sales points, and newspaper Pavilion, and IC booth, and vehicles Park points of should 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) stacked items of, should set obviously logo and the security protection facilities; (nine) 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 organ traffic management sector requirements set traffic logo; (ten) met rain, special weather Shi,
    Should in construction site around dangerous lots set warning logo, and timely clear water; (11) 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; (12) construction completed Hou, should timely clear site of temporary facilities, and abandoned soil, and abandoned material, by requirements backfill rammed, repair road; (13) comply with legal, and regulations of other provides.
    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 violates these measures unauthorized occupation of roads by the municipal administrative authorities shall order the restitution within a time limit, and, if the circumstances are serious, and liable to a fine of less than 50 Yuan more than 2000 Yuan; municipal facilities caused severe damage, can be fined a maximum of 2000 more than 20000 Yuan.
    Article 12th 15th violation to these measures, caused no accidents, by the municipal administrative departments be ordered to rectify, clearance of payment of municipal facilities, repair costs, and to a fine below 500 Yuan and 3000 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 municipal administrative departments and the relevant administrative departments of dereliction, abuses, favoritism, and by their work units or by the competent authorities shall be given 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.              `