Announcement of the Standing Committee of Shanghai Municipal People’s Congerss

No.10

The “Decision of the Standing Committee of Shanghai Municipal People’s Congress on the Amendment of the ‘Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation’” was adopted at the 9^th Session of the Standing Committee of the 13^th Shanghai Municipal People’s Congress on February 24, 2009, and is hereby promulgated. It shall be effective as of May 1, 2009.

The Standing Committee of Shanghai Municipal People’s Congress

February 24, 2009

Decision of the Standing Committee of Shanghai Municipal People’s Congress on the Amendment of the “Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation”

(Adopted at the 9^th Session of the Standing Committee of the 13^th Shanghai Municipal People’s Congress on February 24, 2009)

The 9^th Session of the Standing Committee of the 13^th Shanghai Municipal People’s Congress decided to amend the “Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation” as follows:

1. Article 4, Clause 3 is amended to:

“Sub-district offices and town people’s governments are responsible for the administration of the city appearance and environmental sanitation within their respective jurisdictions，making coordination, supervision and examination on the work of city appearance and environmental sanitation in their respective areas, and urging units and individuals to perform their obligations to maintain city appearance and environmental sanitation.”

Clause 4 is amended to:

“The municipal and district/county city administrative enforcement department (hereinafter referred to as the CAED) shall, according to law, impose administrative punishment on violations of provisions on city appearance and environmental sanitation set out in these Regulations.”

The following clause is added as Clause 6: “This Municipality advocates and encourages the neighborhood committee to organize for residents to make a joint pledge of maintenance of city appearance and environmental sanitation, and mobilize residents to participate in activities of treating city appearance and environmental sanitation so as to create an orderly, beautiful and civilized ambience.”

2. Article 18, Clause 2 is amended to:

“The buildings, structures and other facilities along both sides of the Municipality’s main roads and in landscaping areas shall have their fa?ades kept tidy and in good condition, and regularly cleaned or whitewashed according to the provisions of the Municipal People’s Government; any fa?ade damaged shall be restored. Any violation of the provision shall be ordered to make corrections by the CAED. In case of refusal, the cleaning, whitewashing or restoration shall be done by others at the expenses of the owners or provided liable party of the buildings, structures and other facilities.”

3. Article 19, Clause 1 is amended as two clauses, Clause 1 and Clause 2:

“The municipal administrative department of city appearance and environmental sanitation shall, jointly with relevant departments, draw up this Municipality’s landscape lighting plan, submit it to the Municipal People’s Government, and have it implemented upon approval. The buildings, structures and other facilities in the landscape lighting planning area shall set up landscape lighting according to planning and relevant technical norms of landscape lighting. The landscape lighting planning and technical norms shall be published to the society.

“Any installation of landscape lighting that does not conform with planning or relevant technical norms shall be ordered to make corrections within the prescribed time limit by the CAED; in case of refusal to make correction within the prescribed time limit, the lighting that does not conform with planning may be demolished by enforcement; the lighting that does not conform with relevant technical norms may have its use stopped by enforcement, and a fine of between not less than 1,000 yuan but not more than 10,000 yuan shall be cumulatively imposed.”

The original Clause 2 is amended as Clause 3, striking out “the city appearance and environmental sanitation administrative department” at the end of the clasue, and substituting “the CADE”.

4. Article 20 is amended to:

“Outdoor advertising facilities shall be set up according to outdoor advertising facilities installation planning and relevant technical norms. The municipal administrative department of city appearance and environmental sanitation shall, jointly with relevant departments, draw up this Municipality’s outdoor advertising facilities installation planning, submit it to the Municipal People’s Government, and have it implemented upon approval. The outdoor advertising facilities installation planning and technical norms shall be published to the society.

“Outdoor advertisements and non-advertising neons, slogans, signboards, placards, electronic displays, light-boxes, galleries, plastic objects, and other outdoor facilities (hereinafter jointly referred to as outdoor facilities) shall be set up according to the approved requirements. Any installation of outdoor facilities in violation of the provisions shall be ordered to be rebuilt or dismantled within the prescribed time limit by the CAED, or other relevant administrative departments. Such facilities, if not rebuilt or dismantled within the prescribed time limit, shall be dismantled by enforcement, and the person who set up the outdoor advertising facilities shall be imposed a fine of between not less than 5,000 yuan but not more than 50,000 yuan, and the person who set up other outdoor facilities shall be imposed a fine of between not less than 500 yuan but not more than 5,000 yuan.

“Any one that sets up outdoor facilities shall conduct daily maintenance of such facilities and timely renovation of the incomplete, dirty, corroded or obsolete patterns, wording and light display, if any. Any violator of the provisions shall be ordered to make corrections within the prescribed time limit by the CAED. The violator that refuses to make corrections shall be imposed a fine of between not less than 50 yuan but not more than 500 yuan.

“Any one that sets up outdoor facilities shall strengthen daily management, timely repair or dismantle any facilities with hidden perils or without any value of use, and during the period of spring tide, typhoon or rainstorm, shall strengthen the safety check on outdoor facilities. The CAED shall order the installer to renovate or dismantle within the prescribed time limit the outdoor facilities with hidden perils or without any value of use. Such facilities not dismantled within the prescribed time limit shall be dismantled by enforcement by the CAED.

“The relevant department that makes adjustment on the approved installation of outdoor advertisements due to public interests shall inform the installer of outdoor advertising facilities in advance, and shall compensate the installer for the loss resulted from the adjustment of outdoor advertisements facilities.”

5. Article 24 is amended to:

“No unit or individual person shall post or hang publicity materials or slogans on trees, buildings, structures or other facilities. Any one who needs to temporarily post or hang publicity materials or slogans on trees, buildings, structures or other facilities due to special cases shall obtain approval from the municipal administrative department of city appearance and environmental sanitation, and shall do such things within the prescribed time limit and the scope, and remove them at the expiration in a timely manner. Every sub-district office and town/township people’s government shall choose appropriate places to set up public billboard, and take charge of the daily management. Sporadic posters shall be posted up in the fixed public billboard.

“No carving or scribbling shall be done on trees, buildings, structures or other facilities.

“Any violator of the provisions shall remove such things within the prescribed time limit by order of the CAED. In case of refusal, such things shall be removed by others at the expenses of the violator, and a fine of between not less than 50 yuan but not more than 500 yuan shall be cumulatively imposed. Among others, any one who uses or organizes posting, carving, scribbling, hanging or other forms to release publicity materials or slogans may be imposed a fine of between not less than 10,000 yuan but not more than 100,000 yuan.

“Any violator of the provisions, arbitrarily posting, carving, scribbling, hanging or using other means to release publicity materials or slogans, with the number of communication revealed, shall accept handling within the prescribed time limit upon notification of the CAED; for failure to accept the handling within the prescribed time limit, a written notice of suspending the use of the communication number shall be sent to the communication department, and the relevant communication department shall, after receiving the notice, suspend the use thereof. The CAED shall notify the communication department to have the use thereof resumed after the violator has accepted the handling.

“District/county administrative department of city appearance and environmental sanitation shall organize the cleanup of random posting, carving and scribbling within their own jurisdictions.”

6. The following clause is added to Article 25, as Clause 1:

“The municipal and district/county people’s government shall rationally lay out commercial auxiliary facilities, and determine corresponding business places for operators of farm products and daily groceries to run business. District/county people’s governments shall formulate measures encouraging and guiding peddlers to enter business places.”

The original Clause 1 is amended as two items, Clause 2 and Clause 3:

“No unit or individual person shall occupy any road, bridge, pedestrian overpass, underpass or other public places for the purpose of pitching stalls, doing business, and hawking goods, thus affecting the city appearance and environmental sanitation. Any violator of the provisions shall be ordered to make corrections by the CAED, and may be cumulatively imposed a fine of between not less than 50 yuan but not more than 500 yuan. The CAED may temporarily seize the goods that a party hawks and the tools in relation to illegal acts, and request the party to accept handling at the designated spot. After the party has accepted the handling, the CAED shall in a timely manner return the temporarily seized goods and related tools, and transfer the illegal goods to relevant department for handling. The CAED shall appropriately keep the temporarily seized goods. In respect of those goods easy to rot and go bad, the CAED may make proper treatment according to actual situation after retaining evidence.

“No unit or individual person shall occupy any road, bridge, pedestrian overpass, underpass, or other public place to pile goods, affecting city appearance and environmental sanitation. Any violator of the provisions shall be ordered to make corrections by the CAED, and may be imposed a fine of between not less than 50 yuan but not more than 500 yuan.”

The original Clause 3 is amended as Clause 5, deleting “pitching stalls”:

7. Article 27, Clause 2 is amended to:

“Every vehicle and vessel carrying cement, sand, mud, garbage, excrement and dregs shall take sealing or covering measures, with no leakage, spillage or flying-up allowed. For failure to take sealing or covering measures in violation of the provisions, corrections shall be ordered to make within the prescribed time limit by the CAED, and the liable unit may be imposed a fine of between not less than 1,000 yuan but not more than 10,000 yuan. For any leakage, spillage or flying-up incurred, running shall be stopped by order of the public security traffic administrative department, and immediate cleanup shall be done by order of the CAED. In case of refusal, cleanup shall be done by others at the expenses of the violator, and a fine of between not less than 300 yuan but not more than 3,000 yuan be cumulatively imposed.”

8. Article 28, Clause 2 is amended by striking out “for violation of the provisions of Items (4) and (5) of the preceding clause, , an individual person shall be imposed a fine of not more than 200 yuan, and a unit shall be imposed a fine of between not less than 300 yuan but not more than 3000 yuan” and substituting: “for violation of the provisions of Items (4) of the preceding clause, an individual person shall be imposed a fine of not more than 200 yuan, and a unit shall be imposed a fine of between not less than 5,000 yuan but not more than 50,000 yuan; and for violation of the provisions of Items (5) of the preceding clause, an individual person shall be imposed a fine of not more than 200 yuan, and a unit shall be imposed a fine of between not less than 300 yuan but not more than 3,000 yuan.”

9. Article 33, Clause 4 is amended by striking out “If building refuse, construction dregs, and other wastes are not removed or temporary construction facilities not demolished in time, the removal or demolition shall be done by others at the expenses of the violator, and a fine of between not less than 3,000 yuan but not more than 30,000 yuan shall be cumulatively imposed,” and substituting: “If building refuse, construction dregs, and other wastes are not removed in time, the removal shall be done by others at the expenses of the violator, and a fine of between not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; and if temporary construction facilities are not demolished in time, the demolition shall be done by others at the expenses of the violator, and a fine of between not less than 3,000 yuan but not more than 30,000 yuan shall be imposed.”

10. Article 44 is amended to:

“Units that produce building refuse, construction dregs shall declare the output and disposal plan to the local district/county administrative department of city appearance and environmental sanitation to obtain the disposal certificate for building refuse or construction dregs, and entrust a unit with the transport certificate of building refuse or construction dregs to transport such refuse. Any violator of the provision shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 10,000 yuan but not more than 100,000 yuan.

“The unit transporting building refuse or construction dregs shall obtain a transport certificate of building refuse or construction dregs issued by the municipal administrative department of city appearance and environmental sanitation, and the transport unit shall not carry the building refuse or construction dregs produced by a unit that has not obtained the disposal certificate. Any violator of the provisions shall be ordered to make corrections by the CAED, and may be imposed a fine of between not less than 5,000 yuan but not more than 30,000 yuan.

“Every vehicle and vessel transporting building refuse or construction dregs shall put on unified marks, have the unified installation and use of an electronic information device recording routes, time and disposal places, carry the disposal certificate, and travel according to the route and time provided by the department of transport and communications, and the public security traffic department. Any violator of the provisions shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 200 yuan but not more than 2,000 yuan; failure to travel according to the provided route and time shall be dealt with by the administrative department of transport and communications, and the public security traffic administrative department according to relevant laws, rules and regulations.

“The Municipal People’s Government shall organize relevant district/county and departments to arrange a unified place for receiving and disposing of building refuse or construction dregs of this Municipality. Building refuse, construction dregs shall be piled and treated at the provided collection sites; the transport unit shall draw freight of building refuse and construction dregs against the disposal settlement voucher. Every construction unit who arranges disposal by itself shall submit to the municipal or district/county administrative department of city appearance and environmental sanitation the certificate issued by the administrative unit of the collection site.

“Arbitrarily dumping, piling up or disposing of building refuse and construction dregs is prohibited. Any violator of the provisions shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 5,000 yuan but not more than 50,000 yuan.

“For violation of the provision of this Article, the CAED may temporarily seize the conveyance of a law-breaking party, and request the party to accept handling at the designated spot, and shall return the conveyance after the handling. The CAED shall refer any transport unit with serious case to the municipal administrative department of city appearance and environmental sanitation to withdraw the transport certificate of building refuse or construction dregs.”

11. Article 45 is amended to:

“Industrial refuse, medical wastes, and other toxic and hazardous refuse shall be separately collected, transported and disposed of according to relevant provisions, and shall not be mixed with domestic garbage. Any violator of the provisions shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 10,000 yuan but not more than 100,000 yuan.”

12. Article 56, Clause 4 is amended to:

“Any violator of the provisions of Clauses 1 and 2 shall be ordered by the CAED to make restoration or take other make-up measures, a fine of between not less than 10,000 yuan but not more than 100,000 yuan shall be imposed on a domestic garbage disposal facility or place, and a fine of between not less than 3,000 yuan but not more than 30,000 yuan on other environmental sanitation facilities; in case of any damage, the violator shall bear compensation liability.”

13. Article 58, Clause 1 is amended to:

“The city appearance and environmental sanitation administrative departments, the CAED, and other relevant administrative departments, and their staff shall perform their supervisory and administrative functions and duties in the administration of city appearance and environment sanitation according to law, enforce the law in a civilized way, accept according to law units’ and individual persons’ application matters and complaints over acts detrimental to the city appearance and environmental sanitation, and investigate and handle according to law any illegal acts. In law enforcement, they shall pay attention to education and correction of illegal acts.

“The city appearance and environmental sanitation administrative department and the CAED practice the law enforcement responsibility system and fault prosecution system.”

14. Article 58, Clause 2 is renumbered as Article 60 and amended to:

“In case the city appearance and environmental sanitation administrative department, the CAED, other relevant administrative departments, and their staff have any one of the following behaviors in the administration of city appearance and environment sanitation causing serious damages to the interests of citizens, legal persons or other organizations, and public interests, the person-in-charge directly responsible and other liable persons shall be given administrative sanctions according to law by their work units or superior authorities. Where the act constitutes a crime, criminal liability shall be prosecuted according to law:

1. execute the law without a legal basis or against legal procedures;

2. execute the law by violence or threats;

3. intentionally damage or ruin the property of a party in violation of the provisions;

4. fail to deal with according to law any found illegal act; and

5. other acts including abuse of powers, negligence of duties, and malpractice for selfish ends.”

15. Article 61 is renumbered as Article 62, and a clause is added as Clause 2:

“The scope of main roads and landscaping areas in these Regulations shall be formulated by the municipal administrative department of city appearance and environmental sanitation, jointly with other relevant departments, and promulgated upon the approval of the Municipal People’s Government.”

16. The words “The city appearance and environmental sanitation supervision organizations” in these Regulations are substituted by “the CAED”.

Besides, the order of some Articles and Clauses is adjusted correspondingly in accordance with this Decision.

This Decision shall be effective as of the date of promulgation. The “Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation” shall be amended accordingly pursuant to this Decision and re-promulgated.