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Measures for Fine Punishment in the Regulations of Beijing Municipality on Urban Greening

Decision of Beijing Municipal People’s Government
on Revising the Measures for Fine Punishment
in the Regulations of Beijing Municipality on Urban Greening

(Promulgated by Decree of No.95 of the People’s Government of the Beijing Municipality on May 20, 2002)

The Municipal People’s Government has decided to revise the Measures for Fine Punishment in the Regulations of Beijing Municipality on Urban Greening as follows:

I. Articles 2,3 and 4 shall be deleted.

II. Article 5 shall be revised as:“If any unit, in violation of the provision of Article 15 of the Regulations, lays waste a piece of barren land which can be greened for over two years, it shall be fined according to the dimensions of the barren land, between 20 and 50 yuan per square meter and required to complete its greening within a time limit.”

III. Article 6 shall be revised as: “If any construction unit, in violation of the provision of paragraph 3, Article 18 of the Regulations, fails to dismantle the temporary facilities on the land earmarked for greening and clear it up within 30 days after the completion of the construction project, it shall be ordered to make corrections and fined 0.50 yuan per square meter each day.”

IV. “Interim Measures of Beijing Municipality for the Protection and Management of Ancient and Renowned Trees” contained in Article 7 shall be revised as“Regulations of Beijing Municipality for the Protection and Management of Ancient and Renowned Trees”.

V. Article 8 shall be revised as “If any unit, in violation of the provision of Article 27 of the Regulations, fails to hand over to the specialized urban greening department the green space it has requisitioned within a set time limit, it shall be ordered to hand it over within a time limit and fined 0.50 yuan per square meter each day.”

VI. Article 11 shall be revised as “Anyone who, in violation of the Regulations, commits one of the following acts in items (1),(2) and (3) shall be ordered to make corrections, restore its original state, pay compensations for the damages and fined between 200 and 1000 yuan; if he commits one of the following acts listed in (4),(5) and (6), he shall be ordered to pay compensations and fined between 5 and 50 yuan:

“(1) Building a room leaning on the trees for support and encircle the trees;

“(2)Putting up sale stalls on green space or behind green bushes on both sides of the road;

“(3) Heaping sundries and building materials on lawns or flower beds;

“(4) Pouring about trash and litter on green space;

“(5) Damaging lawns, flower beds and bushes;

“(6) Hammering nails into or carving tree trunks or pulling down and breaking off branches and flowers.”

VII. Article 12 shall be revised as “ Anyone who, in violation of the Regulations, commits one of the following acts shall be dealt with in accordance with the provisions of the Regulations, and the responsible person shall be fined between 200 and 1000 yuan:

“(1) Seriously polluting the green space by pouring or discharging waste water and wastes on it;

“(2) Arbitrarily altering the nature of utilization of the green space, arbitrarily and temporarily occupying and using it.

“If anyone dumps garbage or muck on the green space, he shall be ordered to clear it up within a time limit, restore its original state and fined 20 yuan per square meter according to the dimensions of the green space affected.”

VIII. An article 10 shall be added as Article 10:“Compensation standards for damages caused to trees in the gardens and parks shall be formulated by the municipal gardening administrative department and made public.”

IX. Article 13 shall be deleted.

Besides, wordings in individual cases and the order of articles shall be revised and adjusted.

This Decision shall go into force as of July 1, 2002. The Measures for Fine Punishment in the Regulations of Beijing Municipality on Urban Greening promulgated on June 20, 1990 by Decree No.19 of the Municipal People’s Government and revised on December 31, 1997 by Decree No.12 of the Municipal People’s Government, shall be repromulgated after it is revised in accordance with this Decision.

Measures for Fine Punishment in the Regulations of Beijing Municipality on Urban Greening

(Promulgated by Decree No.19 of the Beijing Municipal People’s Government on June 20, 1990, revised in accordance with Decree No.12 of the Beijing Municipal People’s Government on December 31, 1997 and revised again in accordance with Decree No.95 of the Beijing Municipal People’s Government on May 20, 2002)

Article 1 These Measures are formulated in accordance with the Regulations of Beijing Municipality on Urban Greening (hereinafter referred to as the Regulations).

Article 2 If any unit , in violation of the provision of Article 15 of the Regulations, lays waste a piece of barren land which can be greened for over two years, it shall be fined according to the dimensions of the barren land, between 20 and 50 yuan per square meter and required to complete its greening within a time limit.

Article 3 If any construction unit, in violation of the provision of paragraph 3, Article 18 of the Regulations, fails to dismantle the temporary facilities on the land earmarked for greening and clear it up within 30 days after the completion of the construction project, it shall be ordered to make corrections and fined 0.50 yuan per square meter each day.

Article 4 Fines for arbitrarily hacking down, transplanting ancient trees and renowned plants and other damaging acts in violation of the provision of Article 22 of the Regulations shall be imposed in accordance with the Regulations of Beijing Municipality for the Protection and Management of Ancient and Renowned Trees.

Article 5 If any unit, in violation of the provision of Article 27 of the Regulations, fails to hand over to the specialized urban greening department the green space it has requisitioned within a set time limit, it shall be ordered to hand it over within a time limit and fined 0.50 yuan per square meter each day.

Article 6 If anyone, in violation of the Regulations, commits one of the following acts, he shall be ordered to pay compensations for the loss, replant trees and be fined between two to five times the value of the damage, and the person held directly responsible shall be fined between 50 and 200 yuan:

(1) Hacking down trees without approval;

(2) Bumping into or hitting and felling trees when driving a vehicle or carrying out other operations and other serious damages caused to urban greening and greening facilities.

Article 7 If anyone, in violation of the provision of Article 23 of the Regulations, arbitrarily transplants trees, the municipal greening administrative department shall order him to make corrections within a time limit or adopt other remedial measures.

Article 8 Anyone who, in violation of the Regulations, commits one of the following acts in items (1),(2) and (3) shall be ordered to make corrections, restore its original state, pay compensations for the damages and fined between 200 and 1000 yuan; if he commits one of the following acts in items (4),(5) and (6), he shall be ordered to pay compensations for the damages and fined between 5 and 50 yuan:

(1) Putting up a room leaning on the trees for support or encircle the trees;

(2) Setting up sale stalls on green space or behind the green bushes on both sides of the road;

(3) Heaping sundries or building materials on lawns or flower beds;

(4) Dumping trash and litter about on green space;

(5) Damaging lawns, flower beds and bushes;

(6) Hammering nails into and carving tree trunks and pulling down tree branches and breaking off flowers.

Article 9 Anyone who, in violation of the Regulations, commits one of the following acts shall be dealt with in accordance with the provisions of the Regulations, and the responsible person shall be fined between 200 and 1000 yuan:

(1) Pouring, discharging waste water and wastes causing serious pollution to green space;

(2) Arbitrarily changing the nature of the utilization of green space and arbitrarily occupying and using it.

Anyone who dumps garbage and muck on green space shall be ordered to clear it up within a time limit, restore its original state and fined 20 yuan per square meter according to the dimensions of the green space affected.

Article 10 Standards of compensation for damaged trees in gardens and parks shall be formulated and made public by the municipal administrative gardening department .

Article 11 These Measures shall be effective as of July 1, 1990.