2018 Xiangtan City Urban Appearance and Environmental Sanitation Management Regulations (Full Text)
Xiangtan City Urban Appearance and Environmental Sanitation Management Regulations (Draft)
First Chapter General Provisions
The basis for the first article is to strengthen and standardize the management of city appearance and environmental sanitation and create a clean, civilized and livable urban environment. According to the "Urban City Appearance and Environmental Sanitation Management Regulations" of the State Council and relevant laws, These regulations are formulated based on the actual situation of this city.
Article 2 Scope of application These Regulations shall apply to the built-up areas of this city, the built-up areas of counties (cities), and other areas subject to urbanization management delineated and announced by the people's governments of counties (cities, districts).
Article 3 Legislative Principles City appearance and environmental sanitation management work adhere to the principles of unified leadership, hierarchical responsibility, public participation and social supervision.
Article 4 Fund Arrangement Municipal and county (city, district) people's governments should incorporate city appearance and environmental sanitation into the national economic and social development plan to ensure the funds required for city appearance and environmental sanitation.
Encourage and support the research and promotion of city appearance and environmental sanitation science and technology, promote the marketization and socialization of city appearance and environmental sanitation services, and guide social capital to participate in the construction and operation of environmental sanitation facilities.
Article 5 Management System The city and county (city, district) city appearance and environmental sanitation administrative departments are responsible for the management of city appearance and environmental sanitation within their own administrative regions. Township (town) people's governments and sub-district offices are responsible for the management of city appearance and environmental sanitation within their respective jurisdictions.
Other departments and units should do a good job in city appearance and environmental sanitation according to their respective responsibilities.
Article 6 Law Enforcement Requirements City appearance and environmental sanitation administrative departments shall strictly standardize fair and civilized law enforcement, establish an information management system, an administrative discretion benchmark system, a law enforcement inspection system, a complaint acceptance and reward system, and implement law enforcement responsibilities system and administrative fault accountability system.
Article 7 Publicity and Education Urban people's governments, news media, schools, medical and health and other units should strengthen publicity and education on urban appearance and environmental sanitation knowledge and relevant laws and regulations, and promote citizens to develop good hygiene habits.
Any unit or individual shall respect the work of city appearance and environmental sanitation staff and shall not hinder or obstruct city appearance and environmental sanitation staff from performing their duties.
Article 8 Complaints and Reports Citizens have the right to enjoy good city appearance and environmental sanitation, and have the obligation to maintain city appearance and environmental sanitation.
Any unit or individual has the right to dissuade and report any behavior that violates urban appearance and environmental sanitation management.
Chapter 2 Responsible Area System for City Appearance and Environmental Sanitation
Article 9 Responsible Area System City appearance and environmental sanitation shall implement a responsible area management system.
The city appearance and environmental sanitation responsibility area refers to the buildings (structures), facilities, places and areas within a certain range for which relevant units and individuals bear the responsibility for city appearance and environmental sanitation management.
The person responsible for city appearance and environmental sanitation refers to the relevant units and individuals responsible for the operation and management of city appearance and environmental sanitation in the responsible area.
Article 10 The responsible person shall determine the responsible area and responsible person for city appearance and environmental sanitation in accordance with the following provisions:
(1) Primary and secondary arterial roads, bridges, underground passages, squares, public toilets, Public areas such as bus stops and garbage transfer stations are the responsibility of the city appearance and environmental sanitation management unit;
(2) Backstreet alleys and residential areas without property management are the responsibility of the sub-district office; Residential areas where property management is implemented shall be the responsibility of property service companies;
(3) Shopping malls, supermarkets, bazaars, exhibition venues, hotels, restaurants, gas stations and other places shall be the responsibility of their operation and management units ;
(4) The operation and management units are responsible for the cross-city highways, railways, rail transit, tunnels, stations, docks, parking lots and their ancillary facilities;
(5) Public facilities such as electricity, telecommunications, postal services, water supply, gas supply, and oil supply are the responsibility of the operating and management units;
(6) Public water bodies such as rivers, ditches, lakes, and coastal areas The management unit is responsible for the management scope;
(7) The construction site of the construction project is the responsibility of the construction unit; the property rights unit is responsible for the land to be built;
(8) Parks, Green spaces, scenic spots and cultural, sports, entertainment and other public places are the responsibility of the operation and management units;
(9) Agencies, groups, troops, schools, enterprises and institutions and other units and surrounding approved areas , the unit is responsible;
(10) Various stores and stalls are the responsibility of the operators.
The city appearance and environmental sanitation in other areas are the responsibility of the township (town) people's government and sub-district offices.
If there is an agreement on the responsible person between the owner, manager and user specified in the preceding paragraph, the agreement shall prevail. If the responsible area or responsible person is not clear, it shall be determined by the local township (town) people's government or sub-district office; if the responsibility area crosses administrative regions and the responsibility is not clear, it shall be determined by the people's government at the next higher level. After the responsible area and responsible person are determined, the responsible person shall be notified in writing.
Article 11 Responsibilities require that the Municipal People's Government shall formulate the city's city appearance and environmental sanitation standards in accordance with national regulations and in light of the city's actual conditions.
Units and individuals responsible for city appearance and environmental sanitation shall perform their responsibilities in accordance with the requirements of this city's city appearance and environmental sanitation standards.
Chapter 3 City Appearance Management
Article 12 Buildings (structures) Buildings (structures) should be kept in good shape, clean and beautiful, and should be coordinated with the surrounding environment .
Building awnings, awnings, protruding porches, and installing solar panels, air-conditioning units, anti-theft nets and other facilities and equipment on the facades or tops of buildings must be set up in a unified and standardized manner to comply with urban appearance standards.
Items that may hinder the appearance of the city must not be stacked or hung on the exterior facades, roofs, balconies, windows, platforms, and exterior corridors of buildings (structures).
It is prohibited to use street-facing buildings (structures), urban road facilities, trees and other drawstrings to dry items or hang banners.
Article 13 Road Appearance Management Urban roads and their ancillary facilities shall comply with the city’s appearance standards.
No unit or individual may excavate urban roads without authorization. Excavated roads should be equipped with obvious signs and safety barriers. After the excavation is completed, temporary facilities should be dismantled in a timely manner, the site should be cleaned, and the site should be restored to its original condition.
No unit or individual may pile materials, build buildings (structures) or other facilities on both sides of urban roads and public places without authorization.
Article 14 In front of the buildings on both sides of the isolation facility management road, transparent walls, hedges, fences, flower beds, lawns, etc. shall be used as boundaries according to needs; solid walls shall be used for building land boundaries If there is any damage, peeling or contamination on the transparent wall, it shall be repaired, maintained or cleaned in time.
For idle land or land to be built, a physical fence should be set up on the street side.
Article 15 Temporary business management No unit or individual may occupy urban roads, underground passages, pedestrian bridges and other public places without authorization to set up stalls, operate, sell goods, solicit work, or distribute advertisements and other activities.
Article 16 Road Traffic Management Various vehicles traveling on urban roads must be kept in good shape, clean and orderly, and must not occupy urban roads at will.
Vehicles transporting bulk goods such as sand, gravel, slag, cement, and liquids, garbage, feces, etc. on urban roads must take measures such as sealing, full coverage, and cleaning, and must not leak, scatter, or operate with mud.
Article 17 Store Management Store operators shall not engage in the following behaviors:
(1) Place items beyond doors, windows, or wall facades or engage in business activities; /p>
(2) Setting up ramps on road curbs without permission;
(3) Setting up ground locks and cement piers on sidewalks without permission.
Article 18 The appearance management of outdoor facilities shall include outdoor facilities such as door plaques, electronic display screens, urban landscape lights, lighting decorations, commercial windows, billboards, newspaper columns, galleries, inflatable devices, physical modeling, etc. It should be in harmony with the urban streetscape and comply with urban appearance standards. If any damage or stain occurs, the installation unit shall promptly refresh, replace, repair or dismantle it.
Article 19 Management of random postings Municipal, county (city, district) people's governments or sub-district offices, township (town) people's governments shall set up public poster boards according to the plan to satisfy the public in releasing information. Required and responsible for daily management and cleaning.
It is prohibited to graffiti, engrave, post slogans, promotional materials and small advertisements on urban roads, squares, overpasses, buildings (structures), public facilities, temporary construction fences, trees, etc. that affect the city appearance. .
Article 20 Urban Greening Management Hedges, flower beds, lawns and other urban public green spaces should be kept clean and beautiful, free of obvious pests and diseases, and bare land.
Street trees should be pruned regularly to keep the tree shape neat and the crown beautiful; there are no missing trees, dead trees, or dead trees, and they should not hinder the passage of vehicles and pedestrians.
It is prohibited to damage urban trees, flowers, grass and green facilities.
Article 21 Overhead Pipeline Management The installation of overhead pipelines shall comply with urban appearance standards; no new overhead pipeline facilities shall be built above main streets and public places in key areas.
For existing buildings that do not meet urban appearance standards, they should be gradually transformed or hidden measures should be taken.
Article 22 Urban Water Management The water surfaces and bank slopes of urban public waters such as rivers, ditches, and lakes should be kept clean, and garbage, feces, oil, animal carcasses and other wastes should be removed in a timely manner.
Article 23 Morning Market and Night Market Management Business owners engaged in morning and night small commodities and catering services shall go through relevant business registration procedures and set up stalls in designated locations.
Business owners should operate in a civilized manner within the prescribed period, keep the site clean, clean it up in a timely manner, and do not leave any debris behind.
Business owners shall not affect traffic, fire safety and the normal lives of others, and shall not occupy or damage public facilities within the park.
Chapter 4 Urban Environmental Sanitation Management
Article 24 Prohibited Behaviors in Sanitation Management prohibits the following behaviors that affect the environmental sanitation of public places:
(1) Spitting and defecating;
(2) Littering peels, paper scraps, cigarette butts, betel nut residue, chewing gum and other waste;
(3) Littering, Sewage, feces, and littering of animal carcasses;
(4) Throwing or dumping waste outside the vehicle;
(5) Burning garbage in open spaces or garbage collection containers or Other waste;
(6) Occupying urban roads and public places to engage in car washing, painting, maintenance and other activities;
(7) Sweeping flower beds, green belts, and manholes Entering or dumping garbage;
(8) Setting off firecrackers and throwing ghost papers along the way;
(9) Other behaviors that affect the environmental sanitation of public places.
Article 25 For temporary commercial stalls operating in designated areas and within specified time periods, or cultural and commercial exhibitions and other activities, the operator or organizer shall keep the place and surrounding environment clean and tidy , must not pollute or damage the road surface.
Article 26: Paid sanitation services Urban environmental sanitation implements a paid service system. The charging standards for paid services shall be implemented in accordance with the relevant regulations of the Hunan Provincial People's Government.
Units and individuals that generate garbage shall pay service fees according to the charging standards specified in the preceding paragraph.
Article 27 Domestic waste units and individuals shall place domestic waste into designated garbage containers or collection sites in accordance with the prescribed time, location and other requirements.
Article 28 Construction waste disposal units shall apply to the county (city, district) environmental sanitation administrative department where the construction waste is located, and may dispose of it only after obtaining approval.
Construction units should promptly remove construction waste generated during the construction process to prevent environmental pollution.
When transporting construction waste, the construction waste disposal approval document must be carried with the vehicle, and the construction waste disposal approval document must be transported and dumped in accordance with the prescribed route, time, and location.
Article 29 Waste cooking oil and other food waste generated by kitchen waste units and catering operators shall be collected separately, stored in a sealed manner, or entrusted to a professional environmental sanitation service unit to collect and store them, and make them harmless Disposal and shall not be disposed of arbitrarily.
It is prohibited to discharge food waste directly into the urban drainage network.
Article 30 Garbage removal requires environmental sanitation removal units and relevant business management units to comply with the following regulations when clearing and transporting garbage:
(1) Garbage generated on the same day shall be removed and transported on the same day. , must not be accumulated, and the shipping site must be cleared;
(2) It should be sealed and covered during transportation, and must not be discarded or leaked along the way;
(3) Dump and dump at the designated location Consumption.
Article 31 It is prohibited to raise poultry, livestock, and edible pigeons in built-up areas of cities under animal health management; those raised for special needs such as teaching and scientific research must obtain approval from the local city appearance and environmental sanitation administrative department. , should be kept in captivity and should not affect the sanitation of the surrounding environment.
Homing pigeon breeders should take effective measures to prevent affecting city appearance and environmental sanitation; it is prohibited to build pigeonhouses outside the balconies, windows and roofs of buildings.
The management of dogs and pets shall be separately stipulated by the Municipal People's Government.
Article 32 Public toilets require public toilets to have clear, standardized and unified signs, be open to the public free of charge, flush and clean them on time, disinfect them regularly, and keep the inside and outside clean.
Users should consciously maintain the cleanliness of public toilets and take good care of the equipment in public toilets.
Encourage and support the opening of toilets in units along the street to the public.
Article 33 Protection of Environmental Sanitation Facilities No unit or individual may occupy, damage, dismantle or close environmental sanitation facilities without authorization, or change the use of environmental sanitation facilities without authorization.
If environmental sanitation facilities need to be demolished due to urban construction, the construction unit shall report to the city, county (city, district) city appearance and environmental sanitation administrative department for approval, and the construction unit shall be responsible for reconstruction in accordance with the principle of construction first and demolition later. .
Chapter 5 Legal Responsibilities
Article 34 Anyone who violates the provisions of paragraph 2 of Article 11 of these Regulations and fails to perform cleaning and cleaning responsibilities shall be ordered to make corrections. A warning or a fine of not less than 100 yuan but not more than 1,000 yuan may be imposed.
If the administrative department of city appearance and environmental sanitation, the township (town) people's government, or the sub-district office violates the provisions of paragraph 2 of Article 11 of these regulations, the unit or the superior department shall impose sanctions on the person directly responsible. .
Article 35 Liability for Violation of Provisions on Ancillary Facilities Anyone who violates the provisions of paragraph 2 of Article 12 of these Regulations shall be ordered to renovate or dismantle, and may be fined not less than RMB 100 but not more than RMB 1,000.
Anyone who violates the provisions of paragraphs 3 and 4 of Article 12 of these Regulations shall be ordered to correct the illegal behavior and may be fined not more than 100 yuan.
Article 36 Liability for Violating Road Order Violation of Article 15 of these Regulations may result in a fine of not less than RMB 50 but not more than RMB 500.
Article 37 Liability for Violating Road Traffic Violation of the provisions of paragraph 2 of Article 16 of these Regulations shall be ordered to make corrections and a fine of not less than 500 yuan but not more than 3,000 yuan may be imposed.
Article 38 Anyone who violates the store front management responsibilities violates the first paragraph of Article 17 of these Regulations shall be ordered to make corrections within a time limit and may be fined not less than 100 yuan but not more than 1,000 yuan.
Anyone who violates the second and third provisions of Article 17 of these Regulations shall be ordered to make corrections within a time limit. Individuals may be fined not less than 100 yuan but not more than 1,000 yuan; units may be fined not less than 1,000 yuan but not more than 10,000 yuan. .
Article 39: Any person who violates the provisions of Paragraph 2 of Article 19 of these Regulations by pasting graffiti, etc., in addition to being ordered to correct the illegal behavior and take remedial measures, may also be given a warning or a fine of 200 yuan the following fines.
Article 40 Violation of urban greening responsibilities, violation of the provisions of Article 20, Paragraph 3 of these Regulations, damage to urban trees, flowers, grass and greening facilities shall be restored to the original state or compensation shall be based on the price, and a fine of more than 100 yuan may be imposed A fine of less than 1,000 yuan is imposed.
Article 41 Anyone who violates the morning market and night market management regulations and violates Article 23 of these Regulations shall be ordered to stop the illegal behavior and may be fined not less than 200 yuan but not more than 2,000 yuan.
Damage to public facilities on public grounds shall be compensated according to the price.
Article 42 Liability for Violation of Prohibited Conduct Violation of Article 24 of these Regulations, in addition to being ordered to correct the illegal conduct and take remedial measures, a warning or a fine of not more than 200 yuan may be imposed.
Article 43 Anyone who violates the provisions on temporary commercial activities and violates the provisions of Article 25 of these Regulations, in addition to being ordered to correct the illegal behavior and take remedial measures, may also be given a warning or a fine of not less than 100 yuan but not more than 500 yuan. fine.
Article 44 Anyone who violates the provisions on the disposal of food waste and violates the provisions of Article 29 of these Regulations shall be ordered to make corrections within a time limit. If corrections are not made within the time limit, a professional environmental sanitation service unit may be designated for collection and disposal. The offender shall bear the costs and be fined not less than 500 yuan but not more than 3,000 yuan.
Article 45 Liability for violation of animal management violations of Article 31, Paragraph 1 of these Regulations, shall be ordered to deal with it within a time limit or be confiscated, and a fine of not less than 50 yuan but not more than 200 yuan may be imposed.
Anyone who violates the provisions of Paragraph 2 of Article 31 of these Regulations shall be ordered to demolish it within a time limit and may be fined not less than 50 yuan but not more than 200 yuan.
Article 46 Whoever violates the regulations on the performance of official duties by refusing or obstructing city appearance and environmental sanitation administrative law enforcement personnel from performing official duties, or insulting or beating city appearance and environmental sanitation personnel or obstructing them from performing their duties in accordance with the law, and violating public security management, shall be punished by the public security The authorities shall punish the offender in accordance with the law; if the circumstances are serious enough to constitute a crime, the judicial authorities shall investigate the criminal liability in accordance with the law.
Article 47 Responsibilities of Law Enforcement Officers for Violation of Laws If a city appearance and environmental sanitation administrative law enforcement officer commits any of the following circumstances, he or she shall be ordered to make corrections by his/her unit or the superior department or supervisory authority; if the circumstances are serious, the person directly responsible shall be The person in charge and other persons directly responsible shall be given administrative sanctions; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Failure to accept license applications, complaints, and reports that should be accepted according to law, or failure to handle them in accordance with the law ;
(2) Failing to stop or punish illegal acts that should be stopped or punished according to law, or failing to deal with them in accordance with the law;
(3) Shielding or condoning illegal acts ;
(4) Other acts of neglect of duty, abuse of power or malpractice for personal gain.
Article 48 Legal Relief If a party concerned is dissatisfied with the administrative action taken by the city appearance and environmental sanitation administrative department, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Chapter 6 Supplementary Provisions
Article 49 If the laws and regulations have provisions on legal liability for violations of these regulations by superior laws and regulations, such provisions shall prevail.
Article 50 Effective Date This Regulation shall come into effect on the year, month and year.