The Interim Provisions on Comprehensive Law Enforcement for Urban Management in Dongguan City have been agreed by the Municipal People's Government and are hereby issued.
Mayor Li Yuchuan
February 22, 2008
Dongguan Municipal Urban Management Comprehensive Law Enforcement Interim Provisions
Chapter 1 General Principles
Article 1 In order to strengthen the urban management, improve the efficiency and level of the urban management administration and enforcement, and to protect the lawful rights and interests of the citizens, legal persons and other organizations, and in accordance with the "People's Republic of China*** and State Administrative Punishment Law" and other relevant laws and regulations and the People's Government of Guangdong Province, "on the city of Dongguan City to carry out integrated administrative law enforcement work in the announcement" (Guangdong Province [2007] No. 77), combined with the city's urban management, the actual formulation of these provisions.
Second Article This provision shall apply to the comprehensive law enforcement of urban management within the jurisdiction of the city.
The provisions of the urban management referred to comprehensive law enforcement, refers to the urban management of comprehensive law enforcement agencies to exercise all or part of the administrative organs of the relevant administrative authority of administrative punishment and administrative punishment related to the right of administrative coercion and the right of administrative supervision and inspection of the behavior.
Article 3 The municipal urban management comprehensive law enforcement organ is the municipal people's government directly under the administrative organ, centralized exercise of urban management comprehensive administrative law enforcement functions.
The towns and streets and Songshan Lake Science and Technology Industrial Park set up city management comprehensive law enforcement branch is the city city of urban management comprehensive law enforcement agencies, in the name of the city of urban management comprehensive law enforcement agencies to comprehensively exercise the right of urban management administrative punishment.
Article 4 The municipal urban management comprehensive law enforcement organs are responsible for the organization and implementation of these provisions.
City construction, urban planning, environmental protection, forestry, public security, industry and commerce, health, economic and trade, quality and technical supervision, food and drug supervision and other relevant departments, shall, in accordance with their respective functions, to assist in the implementation of urban management law enforcement authorities.
Article 5 of the comprehensive urban management law enforcement agencies to implement administrative penalties, shall follow the lawful, open and fair principle, the principle of combining punishment and education, strict law enforcement, civilized law enforcement, and consciously accept public supervision.
Chapter II Duties and Authority
Article 6 The city city urban management comprehensive law enforcement agencies to exercise the supervision and inspection, administrative penalties, administrative mandatory functions prescribed by the laws, rules and regulations in the management of cityscape and environmental sanitation, mandatory demolition of buildings or facilities that do not meet the standards of urban appearance, environmental sanitation standards; based on the laws, rules and regulations in the management of cityscape and environmental sanitation According to the laws, rules and regulations on urban appearance and environmental sanitation management, the following acts in violation of urban appearance and environmental sanitation management to exercise the right to administrative penalties:
(a) in the city on both sides of the main and secondary roads on the balconies of street-facing buildings and windows, piling up, hanging obstacles to the city's appearance of the goods;
(b) transportation of liquids, bulk materials are not sealed, wrapped, covered, resulting in leakage, spilling;
(c) spitting, fecal matter, indiscriminate pouring of sewage, littering of melons and vegetables. (C) spitting, spitting, sewage, littering, littering melon and fruit peels and kernels, paper, cigarette butts and bags, cartons and other waste;
(D) not according to the specified time, place, way of dumping garbage;
(E) store and stall operators can not keep the surrounding environment clean and hygienic;
(F) hospitals, sanatoriums, abattoirs, biological factories, such as units, enterprises, industrial waste, solid waste is not in accordance with the provisions of arbitrary dumping of waste. Solid waste is not in accordance with the provisions of arbitrary dumping, dumping;
(7) unauthorized occupation or destruction of environmental sanitation facilities;
(8) unauthorized to engage in the urban waste business sweeping, collection, transportation, treatment and other services; transportation of urban garbage in the vehicle did not obtain a permit;
(9) the development of new areas of the city, the transformation of the old city, as well as the construction of new residential neighborhoods are not set up in accordance with the national standards for the storage of domestic garbage. State standards for the establishment of domestic garbage storage facilities;
(j) environmental health units responsible for not fulfilling the obligation to clean the sanitation responsibility area or not in accordance with the provisions of the removal and disposal of garbage;
(k) unauthorized raising of domestic animals and poultry affecting the cityscape and environmental hygiene;
(l) in the public **** place and the public **** garbage containers burnt Leaves, garbage;
(xiii) in the city buildings, structures, poles, tree poles, guardrails or other municipal facilities on the indiscriminate writing, painting, posting, hanging;
(xiv) street construction sites do not set guardrails or do not cover, stopping the site is not organized in a timely manner, or after the completion of the site is not promptly cleaned up and leveled;
(xv) unauthorized Occupying both sides of the city streets or public **** site affecting the cityscape;
(p) unauthorized setting of outdoor advertising affecting the cityscape;
(xvii) other violations of laws, regulations, rules and regulations in the management of urban amenities and environmental sanitation.
Article 7 The municipal urban management and law enforcement agencies exercise the supervision and inspection, administrative punishment and administrative enforcement functions for all kinds of illegal construction behaviors stipulated by the laws, regulations and rules on urban planning and management; according to the laws, regulations and rules on urban planning and management, they exercise the right of administrative punishment for the following behaviors:
(1) without obtaining the construction project planning permit to carry out Construction;
(B) without the approval of the administrative department of urban planning to change the construction project planning permit to determine the location of the red line, building height, number of floors, area, elevation, as well as construction works in violation of other provisions of the construction project planning permit for the construction of construction;
(C) other violations of the laws, rules and regulations of urban planning, various types of illegal construction.
Article 8: The municipal urban management and law enforcement agencies shall exercise the supervision and inspection, administrative penalties and administrative compulsory functions provided for in the laws, rules and regulations on urban greening management; and shall exercise administrative penalties for the following acts in accordance with the laws, rules and regulations on urban greening management:
(1) Climbing and bending (carving, nailing and pegging) of trees, picking of flowers, trampling of ground cover or discarding of wastes within the urban green space;
(3) Other violations of the construction planning permit and other types of illegal construction. Urban green space to discard waste, dumping toxic and hazardous sewage, piling, burning materials;
(2) tree bearing, on the branches of the building;
(3) destruction of tree supports, railings, flower base, seats, garden lights, architectural vignettes, water features and green space water supply and drainage facilities, and other green facilities;
(4) unauthorized relocation, felling of trees;
< p>(e) without the approval of the municipal urban greening administrative department, set up commercial services or facilities on urban green space has nothing to do with the nature of the green facilities;(f) unauthorized occupation of urban green space;
(g) in the urban green space within the scope of the river, streams and streams, soil and quarrying, set up garbage dumps, discharge of sewage, as well as other ecological damage to the environment activities;
(H) other violations of laws, rules and regulations in the management of urban greening provisions.
Article 9 The municipal urban management comprehensive law enforcement organs exercise the supervision and inspection, administrative penalty and administrative compulsory functions stipulated in the laws, rules and regulations on municipal management; according to the provisions of the laws, rules and regulations on municipal management, they exercise the right to impose administrative penalties on the following behaviors:
(a) unauthorized occupation or excavation of urban roads;
(b) failure to set up obvious signs and safety precautions at the construction site of urban roads. Construction site to set up obvious signs and safety containment facilities;
(3) occupation of urban roads or excavation of urban roads after the expiry of the period, do not clean up, repair the site in a timely manner;
(4) not in accordance with the approved location, area, period of occupation or excavation of urban roads, or the need to move the location, expand the area, extend the time, not in advance to apply for approval of the changes;
< p>(E) unauthorized construction of buildings, structures on urban roads;(F) unauthorized in the bridge or street lighting facilities set up billboards or other hanging floats
(G) unauthorized installation of additional slopes on both sides of the road, the iron frame, and other damages, encroachment of urban roads;
(H) attached to the construction of a variety of pipelines, poles, lines, and other facilities, not in accordance with the provisions of the approval procedures;
(H) the construction of various pipelines, poles, and other facilities, not In accordance with the provisions of the approval procedures;
(ix) emergency repair buried in the city under the pipeline, not in accordance with the provisions of the approval procedures;
(j) unauthorized demolition, relocation, alteration of urban lighting facilities;
(k) in the urban lighting facilities near the stacking of debris, digging pits for soil, the construction of buildings and lighting facilities in the city road impede the normal maintenance and safe operation of activities. Normal maintenance and safe operation of the activities;
(l) unauthorized lighting poles in the city street lighting set up communication lines (cables) or placement of other facilities;
(xiii) privately connected to the power supply of street lamps;
(xiv) the drainage households in violation of the provisions of the management of drainage permits to the urban drainage network and its ancillary facilities or damage to the urban drainage network and its ancillary facilities.
(xv) other violations of municipal management laws, rules and regulations.
Article 10 of the municipal urban management and law enforcement agencies to exercise industrial and commercial, health, quality and technical supervision, economic and trade administration of laws, rules and regulations on the production and operation of food without a license to supervise and inspect, administrative penalties, administrative coercion; according to the provisions of the laws, rules and regulations in the field of food hygiene, the following acts to exercise the right to administrative penalties:
(a) failure to obtain a license to engage in the production of food for operational purposes;
(xv) other violations of the municipal management of laws, rules and regulations. Obtain a license to engage in business food production;
(b) not obtain a license to specialize or part-time food;
(c) not obtain a license to engage in catering services;
(d) approved by the municipal people's government and announced to the community of other unlicensed production and operation of food violations.
Article XI of the municipal urban management and law enforcement agencies to exercise industrial and commercial administration of laws, regulations and rules on unlicensed vendors, hawking, posting, hanging advertisements and occupying business supervision and inspection, administrative penalties, administrative coercion; according to industrial and commercial administration of laws, regulations, rules, and regulations on unlicensed vendors, hawking, posting, hanging banners and occupying business behavior exercise administrative penalties. Business behavior to exercise the right to administrative penalties.
Article XII of the city urban management comprehensive law enforcement organs exercise environmental protection laws, rules and regulations on social life noise pollution and construction noise pollution, on the public *** place burning debris supervision and inspection, administrative penalties, administrative coercion; according to the environmental protection laws, rules and regulations on the exercise of administrative penalties for the following behaviors:
(a) (i) In the public *** place burning asphalt, linoleum, rubber, plastic, leather, wire and cable, circuit boards, copper-laying boards, electrical and electronic appliances, plastic machine filters, batteries, lamps, wastewater treatment of sludge, household garbage, as well as other toxic and harmful fumes and malodorous gases generated by the material;
(b) in the city noise-sensitive buildings concentrated areas, nighttime to produce environmental noise pollution (b) in the urban noise-sensitive buildings in the concentrated area, the construction operations (repair, rescue operations, as well as due to special circumstances really need to be carried out at night, except for the continuous implementation of the work approved by the competent administrative department for environmental protection);
(c) without the approval of the competent administrative department for environmental protection, the use of steam pile driver, hammer pile driver for building construction in the urban planning area, or not in accordance with the approval of the operating hours beyond the 7 pm to 12 pm, 14 pm to 22 pm
(d) the operation of cultural and entertainment venues, sports stadiums (stadiums), urban markets, the boundary noise exceeds the state's environmental noise emission standards;
(e) the use of air-conditioners, cooling towers, extractor fans, generators, pumps, sound facilities or other noise pollution equipment, facilities, the boundary noise exceeds the state's environmental noise emission standards
(F) in urban areas within the concentration of noise-sensitive buildings using high-pitched broadcasting speakers, causing environmental noise pollution;
(G) in urban areas, streets, squares, parks and other public **** place to organize recreational and assembly activities, the use of audio equipment, produce interference with the surrounding living environment of excessive volume;
(H) the use of household appliances, musical instruments or entertainment and other activities that cause environmental noise pollution to the lives of the surrounding residents;
(ix) engaging in activities such as indoor decoration and furniture processing that generate noise pollution at noon and at night in residential areas, concentrated residential areas, cultural and educational areas and convalescent areas;
(x) shouting and hawking, and making a lot of noise at noon and at night in residential areas and concentrated residential areas;
(xi) the use of loud speakers or other methods of emitting high noise to solicit customers in commercial business activities;
(xii) other violations of laws, rules and regulations on environmental protection to generate noise pollution from social life, construction noise pollution and the burning of debris in public **** places.
Article XIII of the municipal urban management and law enforcement agencies to exercise the management of medical institutions, laws, rules and regulations on the management of medical institutions, without obtaining a license to practice, unauthorized diagnosis and treatment of supervision and inspection, administrative penalties, administrative coercion functions; according to the management of medical institutions, laws, rules and regulations on the management of medical institutions, unauthorized diagnosis and treatment of unauthorized behavior to exercise the right to administrative punishment. Administrative penalties.
Article XIV laws, regulations, rules or provincial people's government provides for the implementation of urban management comprehensive administrative law enforcement of other duties, by the urban management comprehensive law enforcement agencies to exercise.
Article 15 The right to impose administrative penalties for urban management shall not be exercised by the relevant administrative organ after it has been exercised by the comprehensive urban management and law enforcement organ. If the relevant administrative organ exercises it again, the administrative penalty decision made shall be invalid.
Chapter III Law Enforcement Standards
Article 16 Comprehensive urban management law enforcement personnel shall be trained in legal knowledge and business knowledge and obtain the provincial people's government unified administrative law enforcement certificate before going on duty.
Comprehensive urban management law enforcement personnel in the performance of official duties, shall show the administrative law enforcement license to the administrative management of the relative or the person concerned.
Article XVII comprehensive urban management and law enforcement agencies shall establish and improve the daily inspection system, and timely stop and investigate and deal with violations of urban management laws, rules and regulations.
Article 18 The comprehensive urban management law enforcement agencies shall establish and improve the reporting system. Violation of urban management laws, rules and regulations, any unit or individual can report to the comprehensive urban management law enforcement agencies, the comprehensive urban management law enforcement agencies shall be registered, timely verification and processing. Does not belong to the authority's terms of reference, shall inform the relevant administrative organs to deal with. Comprehensive urban management and law enforcement agencies shall maintain confidentiality for the informant, there is a clear informant, the results should be returned to the informant.
The higher authorities as well as other administrative law enforcement agencies referred to the administrative law enforcement cases, should be registered and timely verification and processing.
Article 19 The comprehensive urban management law enforcement agencies in the investigation and handling of violations, may, in accordance with the provisions of laws, rules and regulations to take the following measures:
(1) enter the inspected unit or site for investigation or inspection in accordance with the provisions of laws and regulations;
(2) access to, and copying of, the inspected unit's information related to the inspection matters;
(3) obtain the relevant information on the inspection matters in accordance with the law. p>(C) obtain relevant evidence and information in accordance with the law;
(D) seize the tools and articles involved in the violation of law in accordance with the law;
(E) other measures prescribed by laws, regulations and rules.
Article 20 The comprehensive urban management and law enforcement organs found illegal behavior, shall order the administrative management relative to immediately correct or deadline for correction.
Article 21 of the comprehensive urban management and law enforcement agencies in investigating and dealing with violations of the law, the tools and articles used for violations of the law may be lost or difficult to obtain later, after the approval of the person in charge of the agency, can be registered and preserved; not on the spot registration and preservation of the later difficult to obtain, can be registered and preserved first. Comprehensive urban management and law enforcement agencies to take the registration and preservation measures, should be issued to the parties to the uniform format of the voucher.
Chapter IV Law Enforcement Collaboration
Article 22 of the comprehensive urban management and law enforcement agencies and relevant administrative organs shall establish and improve the administrative penalties and administrative licensing information **** enjoyment mechanism, and notify each other of relevant administrative information.
Article 23 The comprehensive urban management law enforcement agencies investigate and deal with violations of the law involves administrative licensing and approval matters, shall promptly inform the relevant administrative organs; the relevant administrative organs in accordance with the law to exercise the administrative approval of urban management matters, shall promptly copy the administrative licensing documents to the comprehensive urban management law enforcement agencies.
Article 24 comprehensive urban management law enforcement agencies in the process of law enforcement found in accordance with the law should be investigated and dealt with by other administrative organs, shall inform or transfer to the relevant administrative organs; the relevant administrative organs in the process of law enforcement found in accordance with the law should be investigated and dealt with by the comprehensive law enforcement agencies in accordance with the law shall inform or transfer to the comprehensive law enforcement agencies in the process of urban management. The relevant administrative organs and comprehensive urban management and law enforcement agencies shall, within ten days after the completion of the processing, the processing of the information copied to the notification or referred to the administrative organs.
Article 25 special rectification of administrative law enforcement in the field of urban management requires the assistance of the relevant administrative organs, the relevant administrative organs shall assist, and in accordance with their respective duties to investigate and deal with violations.
Article 26 of the comprehensive urban management law enforcement agencies to investigate and deal with violations of the need to understand the query relevant information or to make technical appraisal, testing, the relevant administrative organs shall actively support and cooperate.
The need for relevant administrative organs to provide professional advice, the relevant administrative organs shall receive a notice of assistance within seven working days from the date of issuance of a written opinion; the case is complex, the need for an extension of time, it shall be in writing to the comprehensive urban management law enforcement agencies to explain the reasons and a clear response period.
Article 27 of the city urban management comprehensive law enforcement agencies, towns (streets) and Songshan Lake Science and Technology Industrial Park shall establish and improve the local management of urban management comprehensive law enforcement emergency protection mechanism to ensure the smooth progress of urban management comprehensive law enforcement work.
The public security organs should actively assist the integrated law enforcement organs of urban management comprehensive law enforcement work, timely investigation and handling of violent resistance to the law, obstructing the performance of official duties and other illegal acts.
Chapter V Supervision of Law Enforcement
Article 28 The comprehensive urban management law enforcement agencies shall establish and improve the internal oversight system, the implementation of administrative law enforcement responsibility system and review and assessment system, to strengthen the supervision and management of law enforcement personnel, and to improve the quality of law enforcement personnel and law enforcement level.
Article 29 Citizens, legal persons and other organizations found that the comprehensive urban management law enforcement agencies and their law enforcement officers in law enforcement violations, the right to report to the administrative law enforcement agencies, administrative law enforcement agencies shall, in accordance with the provisions of the timely verification of the processing and feedback results.
Article 30 of the comprehensive urban management and law enforcement agencies to make major administrative penalties, shall be in accordance with the "Dongguan City, major administrative penalties for the record the implementation of the relevant provisions of the municipal people's government for the record.
Article 31 The relevant administrative organs shall make written recommendations to the comprehensive urban management and law enforcement authorities or request the people's government at the same level to correct them if they find that the comprehensive urban management and law enforcement authorities have violated the law or have failed to perform their statutory duties.
Comprehensive urban management law enforcement agencies found that the relevant administrative organs do not cooperate with the law enforcement or failure to perform their statutory duties, etc., shall put forward a written proposal to the relevant administrative organs, or submit to the people's government at the same level for rectification.
Article 32 If a citizen, legal person or other organization is not satisfied with the administrative penalty decision or other specific administrative act made by the comprehensive urban management law enforcement organ, it may apply to the municipal people's government for an administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Chapter VI Legal Liability
Article 33 If one of the following circumstances exists, causing serious consequences, the directly responsible supervisors and other directly responsible persons of the comprehensive urban management law enforcement organ shall be given administrative sanctions according to law:
(1) There is no basis for the administrative penalties or the application of the laws, rules and regulations is incorrect;
(2) The type and range of administrative penalties are changed without authorization; (2) The type and range of administrative penalties are changed without authorization; and (3) The type and range of administrative penalties are changed without authorization. Administrative penalty types and ranges;
(3) violation of administrative penalty procedures;
(4) retention, private division or disguised private division of fines, confiscation, sealing, seizure of illegal proceeds or property;
(5) soliciting, acceptance of other people's property and possessions;
(6) neglect of duty, the illegal behavior should be stopped or punished not to stop, Failure to punish, resulting in the legitimate rights and interests of citizens, legal persons or other organizations, public **** interests suffered damage.
The preceding paragraph (d), (e), (f), constitutes a crime, shall be investigated for criminal responsibility.
Article 34 The comprehensive urban management and law enforcement agencies and their law enforcement officers to violate the lawful rights and interests of citizens, legal persons or other organizations in the unlawful exercise of their functions, causing damage, the victim has the right to obtain compensation in accordance with the law.
Article 35 The relevant administrative organs in violation of the provisions of the law, do not fulfill the obligations of law enforcement collaboration resulting in serious consequences, the supervisory organs shall be investigated by the relevant responsible person's responsibility; constitutes a crime, shall be investigated for criminal responsibility.
Article 36 Obstructing law enforcement officers in the performance of their official duties in accordance with the law, in violation of the provisions of public security management, the public security department shall be punished according to law; constitutes a crime, shall be investigated for criminal responsibility.
Chapter VII Supplementary Provisions
Article 37 The meanings of the following terms in these provisions are:
(1) "Noise-sensitive building concentration area" refers to the medical area, cultural, educational and scientific research areas, and areas dominated by institutions or residential areas;
(2) "Noon" refers to the period from 12:00 to 14:00 Beijing time, and "night" refers to the period from 22:00 Beijing time to 7:00 the following morning.
(c) "not obtain a license" means that the industry does not need to be issued by the competent authorities directly by the industry and commerce department to issue business licenses without obtaining a business license, or by law need to be issued by the competent authorities and the industry and commerce department to issue business licenses without both receiving a permit and obtaining a business license.
(d) "unlicensed traders" means unlicensed itinerant traders.
Article 38 Article 10 of the provisions of the production and operation of food without a license, "food" refers to the following 28 categories of food:
(a) processed food products: 1. wheat flour, 2. rice, 3. pasta, 4. other processed food products;
(b) Edible oils, fats and oils and their products: 1. Products: 1. Edible Vegetable Oil, 2. Edible Fats and Oils Products, 3. Edible Animal Fats and Oils;
(iii) Seasonings: 1. Soy Sauce, 2. Vinegar, 3. Monosodium Glutamate (MSG), 4. Chicken Flavoring Seasoning, 5. Sauces, and 6. Seasoning Products;
(iv) Meat Products;
(v) Dairy Products, Powdered Formula for Infants and Young Children;
(vi) Beverages;
(vii) Food Products;
(viii) Food Products;
(ix) Food Products;
(x) Food Products: 1. p>
(vii) convenience foods;
(viii) cookies;
(ix) canned foods;
(x) frozen beverages;
(xi) quick-frozen foods;
(xii) potatoes and puffed foods;
(xiii) confectionery products (including chocolate and products), jelly;
(xiv) Tea and related products (including tea products and tea substitutes);
(xv) alcohol: 1. liquor, 2. wine and fruit wines, 3. beer, 4. yellow wine, 5. other wines (prepared wines, other distilled wines, other fermented wines);
(xvi) vegetable products [pickled vegetables, dried vegetable products (naturally dried vegetables, hot air-dried vegetables, freeze-dried vegetables, vegetable crisps vegetable powder and products), edible mushroom products (dried edible mushrooms, pickled edible mushrooms), other vegetable products];
(xvii) fruit products (dried fruit products, jams), candied fruits;
(xviii) fried foods and nut products;
(xix) egg products;
(xx) cocoa and roasted coffee products;
( (xxi) Sugar;
(xxii) Aquatic products:
(xxii) Aquatic products:
(xxii) Processed aquatic products,
(xxii) Processed aquatic products,
(xxxii) Aquatic products:
(xxxiii) Aquatic products:
(xxxii) Confectionery;
(xxv) Soybean products;
(26) bee products;
(27) special dietary foods (infants and young children and other formulated cereal products);
(28) other food products that need to be included in the management of the license;
Article 39 These provisions shall come into force on March 1, 2008, and shall remain in force until February 28, 2013.
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