Zibo City Trial Measures For The Management Of Relative-Centralized Administrative Punishment Right

Original Language Title: 淄博市城市管理相对集中行政处罚权试行办法

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(December 30, 2003, Zibo city, Government makes 39th, announced since on February 1, 2004 up purposes) first chapter General first article for strengthening city management, specification administrative law enforcement behavior, improve administrative law enforcement efficiency, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method and about legal, and regulations, and regulations and Shandong Province Government on in, Zibo city, carried out city management relative concentrated administrative punishment right work of reply, combined this city actual,
    These measures are formulated.
    Second, zhangdian district, zichuan district, boshan district, zhoucun district, linzi district, Zibo high and (hereinafter referred to as high-tech zone) within the built-up area of relative-centralized administrative punishment right for urban management of this approach.
    Relative-centralized administrative punishment right in urban planning and management apply to urban planning area.
    Article city and district (including the high-tech zone, the same below) urban administrative enforcement Bureau (hereinafter referred to as law enforcement Council), relatively centralized administrative punishment right for urban management according to the law.
    Municipal urban management enforcement Bureau under the city law enforcement detachment and urban administrative enforcement agency, commissioned by the municipal and district law enforcement Bureau, responsible for the administrative work within the terms of reference.
    City, urban management area established police detachment, Brigade, the implementation and enforcement of public security organs at the same level the dual leadership, leadership-oriented management system of public security organs at the same level, with the city administration, with insults, threats, or violence hinder or obstruct the administration of the city.
    Fourth Bureau of enforcement of administrative law enforcement team is responsible for the city's urban management command, operation, inspection, supervision, cases of a spanned or a major administrative law enforcement in the investigation, conducted in various districts to guide and coordinate special work.
    After the fifth relatively concentrated administrative punishment right for urban management, the authorities will no longer perform centralized exercise of administrative punishment by the law enforcement Bureau still exercise, make a decision of administrative penalty shall be invalid, and hold accountable leaders and the responsibility of the persons concerned.
    The sixth building, planning, environmental protection, industry and commerce, public security traffic administrative bodies, shall cooperate with the law enforcement Bureau of city management power of relatively concentrated administrative punishment of related work.
    Chapter II scope of relative-centralized administrative punishment right section the seventh article of sanitation, district law enforcement exercise management of city appearance and environmental sanitation laws, regulations, rules and regulations of administrative punishment right, torn does not meet the standards of city appearance standards, sanitation of buildings or facilities.
    Eighth article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) anywhere spit, and soil, mess trash, and stool, and waste, and sewage, mess threw fruits skin nuclear, and cigarette butts, and glass (slag), and confetti and other packaging real or mess throwing animal body of; (ii) transport Shi not by provides strapping, and closed or leak scattered material, and waste, and stool, caused pollution of; (three) not by provides removal life garbage, and stool and for disinfection, and elimination killed work of; (Four) not by provides collection, and removal, and dumping, and stacked, and processing production business garbage, and building garbage of; (five) not implementation "menqiansanbao", and cleaning cleaning, city and sanitation responsibility system or not by provides of time, and quality for cleaning cleaning, and clear snow water of; (six) stalls operators cannot keep around environment clean health of; (seven) sewer, and of manure pool take spill caused pollution of; (eight) burning leaves, and Bacillus subtilis or other waste of; (nine) on contains virus, and
    Bacteria waste and radioactive substances and other harmful wastes, special processing is not required.
    The Nineth under any of the following acts, shall be punished in accordance with laws, rules and regulations: (I) establishes a city vehicle cleaning stations, (ii) urban vehicle cleaning station random discharge of sewage or sewage sludge; (c) the animal-drawn carts into the city and not to use manure and cleaning tools, resulting in leakage and (iv) poultry and domestic animals without authorization. Tenth article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) in city primary and secondary road sides construction, site not set guardrail, and bezel and obviously logo, effect city and sanitation of; (ii) unauthorized change Street housing using nature, and broken wall open shop, and erection shanty, and alterations balcony of; (three) unauthorized on city primary and secondary road sides buildings of street surface for decoration, and alterations of; (four) in Street building of balcony, and window stacked, and
    Device or hanging hinder city and public security items of; (five) unauthorized in street sides and public stacked material, and mess take mess built buildings, and structures or other facilities, effect city of; (six) unauthorized accounted for road built, and heap real job, and heap Sun items, and set stalls or in shop outside business, and repair car, and wash car of; (seven) Street buildings, and structures and public facilities not meet national provides of city looks standard, and sanitation standard of.
    11th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) not by provides set, and maintenance sanitation facilities of; (ii) unauthorized demolition sanitation facilities of; (three) occupied, and damaged sanitation facilities and subsidiary facilities or unauthorized change its using nature of; (four) not by approved of demolition programme demolition sanitation facilities of; (five) independent set of city toilets without acceptance or acceptance not qualified delivered using of. 12th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) unauthorized set outdoor advertising, and slogans, and signs, and window, and Gallery, and electronic display, and neon, and lightbox,, effect city city looks of; (ii) advertising, and neon, and slogans, and signs, and window, and Gallery, and electronic display, and lightbox, pattern, and text, and lights displayed not full, and dirty, and damaged, effect city of; (three) unauthorized construction city sculpture of; (four) unauthorized set banners, and balloon, and flags, and signs, and Inflatable real and the other temporary outdoor advertising of; (five) not in provides of location, and range, and time within set banners, and flags, and inflatable real and other hanging real of; (six) illegal distributed print outdoor advertising, effect city city looks of; (seven) in buildings, and structures, and public facilities, and poles or trees Shang mess posted, and mess wrote, and mess painting, and mess hanging, and mess carved of; (eight) public facilities, and buildings, and structures, and trees and the other facilities of property all or using people, not timely cleanup its facilities Shang of mess posted, and mess painting, and
    Hanging.
    Urban planning in section II the 13th municipal, district law enforcement exercise of urban planning management in law, the right to administrative penalties stipulated in laws and regulations. 14th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) not made construction with to planning license pieces, and temporary construction with to planning license pieces occupied, and transfer land and is made construction with to planning license pieces or temporary construction with to planning license pieces, but unauthorized change approved content of; (ii) not made construction engineering planning license pieces, and temporary construction engineering planning license pieces for construction or not by construction engineering planning license pieces, and
    Temporary construction project planning permit approval for construction, and (c) approved the temporary use of land construction of permanent buildings, structures and other facilities; (d) the temporary construction fails to dismantle.
    15th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) not made construction engineering planning license pieces or not according to construction engineering planning license pieces of requirements construction road pipeline, effect road pipeline planning of; (ii) main underground road pipeline engineering without city planning administrative competent sector identification that covering of; (three) road pipeline engineering completed Hou, not made construction engineering completed planning acceptance certificate that input using of;
    (D) road after acceptance of the pipeline project, do not submit completed materials within 3 months. 16th article in history culture city city planning district within, has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) units not made construction engineering planning license pieces or violation construction engineering planning license pieces of provides for construction, effect history culture city protection planning of; (ii) design units not by planning design requirements for design of; (three) construction units not by construction engineering planning license pieces of provides for construction of; (four) without approved,
    Unilaterally changed the nature of construction engineering (v) damaged or removed protection plan to protect the traditional buildings, structures, districts, and (vi) occupy or damage protection plan to protect roads, gardens, green spaces, rivers, lakes and springs.
    17th sect urban landscape, district law enforcement exercise, urban gardens, green management rights to administrative penalties stipulated in laws, rules and regulations. 18th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) in city green line within new, and alterations, and expansion buildings, and structures and the other facilities of; (ii) units not by provides standard construction green of; (three) units not in provides time within completed green engineering of; (four) without approved temporary occupied green or not by approved of locations, and area, and time using green of; (five) green of green area not meet provides proportion of; (six) units and residential, and
    Existing green space in residential area below the prescribed ratio, there are still open spaces should be green is not green, (VII) without changing the planning of urban green land use or damage of greening land topography, landform, water bodies, vegetation.
    The 19th under any of the following acts, shall be punished in accordance with laws, rules and regulations: (a) unauthorized cutting, transplanting of urban trees, (ii) cutting, transplanting, destruction of ancient and famous trees, (iii) unauthorized tree pruning.
    20th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) mining, and pick flowers, which mining spent fruit, and seeds of; (ii) in trees Shang mess nail, and mess carved, and tied rope, and hanging real of; (three) in City Green within dug pit take soil, and dumping garbage, and emissions sewage, and stacked debris, and drying items, and Park vehicles of; (four) in City Green civil strife set advertising, and commercial and service stalls of; (five) in Crown Xia or lawn within burning items or set fried, and roast, and steam, and Cook, stalls of;
    (Vi) use of trees to erect or damage tree roots.
    Fourth quarter urban 21st, district law enforcement exercise of municipal management laws, regulations, rules and regulations of administrative punishment right.
    The 22nd under any of the following acts, shall be punished in accordance with laws, rules and regulations: (a) delivery without acceptance or unqualified acceptance of urban road, (ii) unauthorized construction pipeline of urban road, pole line facilities.
    The 23rd under any of the following acts, shall be punished in accordance with laws, rules and regulations: (a) the erection of bridges in the city 4 pressure kg/cm (0.4 MPa) gas pipelines, more than 10,000 volts above the high voltage power line and other inflammable and explosive pipeline, (ii) unauthorized erection of bridge and culvert of pipeline and construction of the facilities of the city.
    24th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) in bridge Shang, and tunnel within parking, and try brake of; (ii) in bridge protection range within dug sand, and take soil, and stacked material, and dumping garbage of; (three) unauthorized occupation deck, and bridge engaged in various business activities of; (four) in bridge facilities Shang mess posted, and mess painting of; (five) other damaged, and occupation bridge facilities of behavior.
    25th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) unauthorized occupied, and mining City Road, or emergency repair laid in City Road Xia of pipeline, not according to provides term replacement procedures of; (ii) not according to approved of location, and area, and term occupied, and mining City Road, or not ahead of handle change procedures unauthorized mobile location, and expanded area, and extended time, or will approved temporary occupied of road sublet, and transfer of;
    (C) have not been set in urban road construction site clearly marked safety fences and facilities; (iv) occupation of City Road after expiration or explore the city's roads not cleared in a timely manner; (v) take up road building markets, commercial and service outlets.
    26th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) unauthorized using municipal facilities set advertising brand, and publicity items of; (ii) unauthorized will itself construction of road, and pipeline and City Road, and pipeline connection of; (three) not on set in City Road Shang of various pipeline of check well, and box cover and the City Road subsidiary facilities of defect timely filling or repair of.
    27th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) free will road along stone opening of; (ii) in roadway and sidewalk Zhijian of steps at built slopes or set oblique ladder, facilities of; (three) to road emissions sewage and other pollutants of; (four) unauthorized change or mobile road subsidiary facilities of; (five) other damaged city road facilities of behavior.
    28th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) to check well, and rain bucket within sweep into garbage and dumping sewage, and stool, debris of; (ii) unauthorized in check well, and rain bucket, facilities Shang opening took over, emissions sewage of; (three) tied up, and jam, and damaged, and theft well cover, and water grate, drainage facilities of; (four) built hamper drainage facilities function play and security of structures of; (five) will rain, and sewage pipeline mixed received of;
    (Vi) other acts that damaged drainage facilities.
    29th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) unauthorized in flood control facilities protection range within set structures, and buildings, or canopy cover flood control facilities of; (ii) unauthorized in city drain road and the facilities security distance range within built buildings, and structures and stacked items of; (three) not handle about procedures to city drain network and the other facilities emissions sewage, or to city drainage facilities emissions toxic, and harmful, and flammable, and easy burst, and easy jam pipeline of material of;
    (D) pollution from discharges exceeded the standard, or cause damage to the city sewer pipe.
    30th under any of the following acts, shall be punished in accordance with laws, rules and regulations: (a) to the levee, dam, flood control channels in the dumping, waste water obstacles, (ii) flood protection within the dredging, soil, stone, stacked materials, (iii) theft, damage of flood control facilities. 31st article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) mobile, and demolition, and changes lighting facilities or using Street power of; (ii) for engineering construction does needed mobile road lighting facilities, without approved unauthorized mobile of; (three) with Street line Rod engaged in traction job of; (four) attached lighting facilities pulled received broadcast line, and communications line, and indoor lighting line and the installation other electrical facilities of; (five) in Street line Rod Shang paint, and posted advertising and the advertisement of; (six) other theft
    , Damage behavior of urban lighting.
    Fifth 32nd city, district law enforcement exercise section environmental protection environmental protection laws, regulations, rules and regulations of the administrative right of penalty. 33rd article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) building construction units violation provides, in city organ Office District, and sanitariums, and residential, and research educational district, and hospital, noise sensitive buildings concentrated regional within, night (22:00 to 6:00) for ban for of produced environment noise pollution of building construction job of; (ii) in city organ Office District, and sanitariums, and residential, and research educational district, and Hospital, noise sensitive buildings concentrated regional within using treble broadcast Horn of; (three) in city street, and square, and Park, public organization entertainment, and rally, activities, using audio equipment, produced interference around life environment of had big volume of; (four) from family indoor issued serious interference around residents life of environment noise of; (five) in commercial business activities in the using treble broadcast horn or take other issued high noise of method attract customer, caused environment noise pollution of; (six) culture entertainment, and
    Commercial business activities used in air conditioners, cooling towers and other equipment and facilities that produce environmental noise pollution and noise than noise emission standards set by the State, causing noise pollution, and (VII) such offences, refused to be inspected on-site inspection or the deception.
    34th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) burning asphalt, and linoleum, and rubber, and plastic, and leather and other produced toxic harmful dust and stench gas of material of; (ii) open burning straw rod, and leaves, produced dust pollution of material of; (three) in city open barbecue food of; (four) diet services of operators not take effective measures, led emissions of fume, and dust on near residents of live environment caused pollution of;
    (E) such offences, refused to be inspected on-site inspection or the deception.
    35th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) not take dust measures store coal, and gangue, and cinder, and ash, and sand, and dust, material of; (ii) demolition caused Yang dust of; (three) construction site around not set height 1.8 meters above of surrounding block, high dispersal building garbage, on mounds, and bulk material not take cover or sprinkler measures of; (four) building garbage handling volley dispersal, vehicles dip with soil drove out construction site of; (Five) concrete pouring used site mixing not take prevent Yang dust pollution measures of; (six) in road Shang construction not implemented closed job, construction abandoned soil, and waste removal than Shi, not take sprinkler or cover, measures prevent Yang dust pollution of; (seven) on not take closed measures or other protection measures, transport, and handling or storage can distributed toxic harmful gas or dust material of; (eight) to water emissions, and dumping industrial waste, and city life garbage of; (nine) has above violations,
    Refuse to be inspected on-site inspection or the deception.
    Sixth section business 36th article city, and district law enforcement Council exercise business administration aspects legal, and regulations, and regulations provides of on in City Road, and Park, and square, public no as vendors and violation provides free stall presence behavior of administrative punishment right, on suspected no as vendors of business behavior investigation Shi, can seized, and seized specifically for engaged in no as business activities of tool, and equipment, and raw materials, and produced (business) products.
    37th article has following behavior one of of, according to legal, and regulations, and regulations of provides be punishment: (a) no as vendors in City Road, and Park, and square, public business of; (ii) no as vendors in City Road, and Park, and square, public business, scale larger, and social against serious of; (three) no as vendors in City Road, and Park, and square, public business, its business behavior against human health, and exists major security hidden, and threat public security, and damage environment resources of;
    (D) unauthorized roads, parks, plazas and other public places in the city, randomly stalls set up here.
    Seventh section police traffic 38th of municipal, district law enforcement exercise of the public security traffic management laws, regulations, rules and regulations of embezzlement of administrative punishment right.
    39th under any of the following acts, shall be punished in accordance with laws, rules and regulations: (a) the unauthorized non-motor vehicle parked on the sidewalk in violation of regulations, and (ii) allowed to dig into the street or alley pavement; (c) occupying road stalls set up here, work, putting up shelters, building houses, fair trade, impact of vehicles and pedestrians.
    Chapter law enforcement provisions and penalties program 40th city administration the Chief law enforcement officer in the execution of their duties, shall be not less than two, shall be uniform, wearing a sign of law enforcement and administrative law enforcement documents show.
    Law enforcement officers and parties directly interested, should be avoided. 41st article city management administrative law enforcement personnel implementation corporate Shi, law exercise following terms: (a) into was check units or site for survey; (ii) check out, and access or copy was check units and check matters about of information; (three) used recording, and video, and photo, means, made about evidence material; (four) on violations by involved of tool, and items, and documents and buildings, and structures or facilities be seized, and seized or on evidence for registration save; (five) legal, and regulations, and
    Other authorities prescribed by the regulations. 42nd in administrative law enforcement personnel in law enforcement, shall comply with the following requirements: (I) less than 50 Yuan for citizens, legal persons or other organizations under 1000 Yuan fine or warning of an administrative punishment, city administration would be able to fill out the order form, make up a number, sealed by the enforcement agency's written decision of administrative penalty, made the decision on administrative penalty. Written decision of administrative penalty shall deliver the party spot.
    Among them, shall be subject to less than 20 Yuan fine or not on the spot fines are difficult to implement, the city administration enforcement officers to collect fines on the spot. (B) except as provided in the preceding paragraph may make administrative punishment on the spot, other administrative penalties imposed, must be comprehensive, objective and fair investigations, collect evidence.
    Investigation ends, head to review the findings, and should be administrative sanctions, administrative penalty decisions are made; for complicated or serious violations of administrative penalty should be decided collectively.
    (C) by law order to suspend and revoke licenses or licence, fined 500 Yuan to citizens more than fines, legal persons or other organizations, fined 20,000 yuan more than fines and other administrative penalties before a decision, it shall inform the party concerned has the right to request a hearing; the parties to request a hearing, the law enforcement agency shall organize the hearing. 43rd article administrative law enforcement personnel implementation administrative punishment Shi, should comply with following provides: (a) using unified specification format of administrative punishment decided book; (ii) using financial sector unified business sent of fine receipt; (three) told party law enjoys of right; (four) spot made fine punishment decided of, except by provides spot collection outside, should told party in 15th within to specified of Bank paid fine.
    Law enforcement officials collect fines on the spot, shall from the date of collecting fines within the 2nd, SSE is an administrative organ, the administrative organ shall deposit the fines specified in the 2nd Bank; (v) fines, the confiscation of illegal gains or confiscation of unlawful property or things auction payments, all paid financial. 44th article administrative law enforcement personnel law implementation administrative forced measures Shi, should comply with following provides: (a) to party issued by head issued of notice, and can requirements units be assist; necessary Shi, can first take forced measures, then replacement about approved procedures; (ii) implementation seized, and seized or on evidence for registration save Shi, should making listing, stated name, and type, and specifications, and number and intact degree,, by hosted people and party signature or sealed,
    Listing by law enforcement Council and party the practice a copies; (three) seized, and seized of term shall not over 15th, special situation by approved can extended 15th, on evidence for registration save of should in 7th within timely made processing decided; (four) illegal buildings, and structures or facilities need demolition of, should to party issued deadline demolition notice, party late not demolition of, law be forced demolition.
    Article 45th on the parties the same offence shall not be given more than two penalties administrative penalties. 46th Strip enforcement within the functions and powers of the administrative authorities transferred for handling violations, should be reviewed in the 5th and deciding whether to file.
    Decided not to file, administrative authorities shall notify the relevant reason for not filing; case investigation, made the decision after written notifications relating to administrative authorities.
    47th investigated cases, need to order the party to go through the relevant formalities to the relevant administrative organs, before making a decision of administrative penalty, it shall seek the views of relevant administrative organs.
    48th investigated cases, found violations by the parties caused the loss compensation, law enforcement agency shall promptly notify the relevant administrative departments.
    49th article related administration organ should according to following requirements, tie law enforcement Council law exercise administrative punishment right: (a) on law enforcement Council investigation of illegal case, need for technology identification of, should in received notification Hou law made identification; (ii) found is law enforcement Council management permission within of violations, should transferred law enforcement Council, by law enforcement Council filed investigation; (three) law exercise and city management relative concentrated administrative punishment right about of administrative license matters Shi, should will license results in 5th within copy told law enforcement Council.
    50th to violence, threats, insults and other methods to inhibit urban administration personnel performing official business according to law, shall not be treated as a civil dispute, the public security organ or the urban management police agencies shall be dealt with according to law constitutes a crime, criminal responsibility shall be investigated according to law.
    Fourth chapter law enforcement supervision and 51st Council should take the initiative to accept the national people's Congress and its Standing Committee, CPPCC and social monitoring of public opinion.
    Enforcement agency shall accept the parent Department and the rule of law institutions of law enforcement and supervision of the Government.
    City law enforcement Council found that the District Council of violations should be investigated and dealt with without investigation, shall be ordered to investigate or direct investigation; investigating errors have been found, shall be ordered to correct or corrected directly and shall be investigated for criminal liability.
    The 52nd Strip enforcement of administrative penalty decision shall be made within 15 working days, a copy of the relevant administrative departments.
    53rd law enforcement Bureau and the relevant administrative departments administrative disputes of law enforcement, coordinated by the Government legal agencies. 54th article law enforcement Council and law enforcement personnel has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) no statutory of administrative punishment according to of; (ii) unauthorized change administrative punishment of behavior, and type, and range of; (three) violation statutory administrative punishment program of; (four) interception, and privately or disguised privately fine, and confiscated of illegal proceeds or property of; (five) obtained or received others property, and
    Fines for themselves, and (vi) shall stop and punish violations does not stop, not punishment, a citizen, legal person or other organization's legitimate rights and interests, and damage to the public interest and social order, and (VII) other acts of abuse of power, negligence, malpractice, or administrative omission.
    55th enforcement agency shall establish administrative law enforcement personnel rotation, misjudged implementation of responsibility system of administrative enforcement, evaluation and accountability, improve the level of law enforcement.
    56th citizens, legal persons and other organizations on urban management chief law enforcement officers in violation of administrative law enforcement has the right to report to law enforcement or the competent authorities, the law enforcement authority or the competent authorities shall investigate, in the 15th.
    57th parties, enforcement of violations of their legitimate rights and interests of a specific administrative act, can apply to the municipal administrative reconsideration or bring administrative proceedings directly; think enforcement of violations of their legitimate rights and interests of a specific administrative act according to law to the district or municipal law enforcement agency may apply for administrative reconsideration, or directly to the Court of administrative proceedings. The fifth chapter supplementary articles

    Article 58th shop downtown and the County's main road links within the green line of the power of relatively concentrated administrative punishment, according to the implementation of these measures.
    59th article huantai, gaoqing, Yiyuan city management power of relatively concentrated administrative punishment, in accordance with the statutory procedures for approval, in accordance with the measures implemented.
                                                                        60th these measures shall come into force on February 1, 2004.

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