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Regulations of Beijing Municipal Government on Administration of Outdoor Billboards Installation

Regulations of Beijing Municipal Government on Administration of Outdoor Billboards Installation

(Order No. 151 Promulgated by Beijing Municipal Government on August 5, 2004)

Article 1 In order to strengthen the planning and administration of outdoor billboards installation in Beijing and create a clean and beautiful landscape and environment of the city, these regulations are formulated in accordance with Regulations of Beijing on City Appearance, Environment, and Hygiene and relevant provisions in other laws and regulation while taking into consideration the real situation of the city.

Article 2 The Regulations shall be applicable to the installation and administration of outdoor billboards in urban districts, towns of the suburban area, development zones, scientific parks, areas of natural and historic interests, and other areas with urbanized administration.

Outdoor billboards mentioned in the Regulations shall mean commercial advertisements in carrier forms of lamp box, neon light, electronic display device, exhibition board, and so on located on either side of roads, streets, and railroads in the city, on the ground part of urban track traffic system, within administration areas of rivers and lakes, and on squares, buildings, and structures, or shall mean commercial advertisements on vehicles.

Article 3 Relevant administration departments of municipal planning and engineering at municipal level shall be responsible for planning, supervision, and management of outdoor billboards installation in the city.

Relevant administration departments of city planning and engineering at district or town level shall be responsible for planning, supervision, and management of outdoor billboards installation in their administrative areas.

Article 4 The registration, contents examination, and supervision of outdoor billboards in Beijing shall be carried out in accordance with Advertisement Law of People’s Republic of China and other relevant laws and regulations.

Relevant administration organs concerning urban planning, traffic, garden engineering, public security, construction, environmental protection, quality and technology supervision, labor safety and so on shall, according to respective responsibility, carry out supervision and administration of outdoor billboards in accordance with laws.

Article 5 The installation of outdoor billboards shall have uniform planning in accordance with the city’s appearance, layout of the city, functions of areas, and features of roads, shall be designed as a whole, and shall have district control and reasonable layout so as to ensure the overall aesthetic performance of the city’s appearance.

The design genre, size, color, number, shape, form, location, direction, height, and material of outdoor billboards shall be harmonious with the surrounding environment.

Article 6 Municipal administration departments shall, together with municipal urban planning departments, formulate professional layout for outdoor advertisement device installation in the city; administration departments at district or town level shall, together with urban planning departments at the same level, formulate professional layout for outdoor advertisement device installation in respective administration regions in accordance with the outdoor advertisement device installation layout of the whole city.

Municipal administration departments shall, upon the decision of Beijing Municipal Government, formulate outdoor advertisement device installation layout for major streets and key areas of the city.

Article 7 The formulation of professional layout of outdoor advertisement device installation in the city as well as such layout of respective districts and towns shall comply with General Urban Planning of Beijing and article V in the Regulations.

Article 8 Ideas and opinions from relevant departments and experts shall be taken into consideration when formulating professional layout of outdoor advertisement device installation in the city as well as such layout of respective districts and towns. The professional layout of outdoor advertisement device installation at the municipal level shall, after the verification of Beijing Municipal Government, be promulgated and become effective; the professional layout of outdoor advertisement device installation at district or town level shall be submitted to competent municipal administration departments for examination and approval in accordance with the general urban planning, and such layout approved shall, after the verification of the People’s Government at the same level, be promulgated and become effective.

Outdoor advertisement device installation layout which has been verified by People’s Government at municipal, district, and town level and has been promulgated and become effective shall not be randomly modified; when modification is needed, such modification shall be examined and approved in accordance with set procedures.

Beijing Municipal Government reserves the right to rectify or cancel the layout of advertisement device installation at district and town level when it conflicts with the professional layout of outdoor advertisement device installation at municipal level.

Article 9 Outdoor advertisement device installation is forbidden in following roads and areas:

1) 100 meters from both side of Chang’an Street (from Jianguomen (east) to Fuxingmen (west), the same stretch shall be noted as Chang’an Street hereinafter);

2) Tian’anmen Square and 100 meters from east and west ends of the square;

3) Surrounding areas of Zhongnanhai, north from crossing between Wenjin Street and Fuyou Avenue down south to crossing between Fuyou Avenue and Chang’an Street, west from crossing between Wenjin Street and Fuyou Avenue east to crossing between Wenjin Street and Beichang Avenue, north from crossing between Wenjin Street and Beichang Avenue down south to crossing between Nanchang Avenue and Chang’an Street;

4) Surrounding areas of Diaoyutai State Guesthouse, north from crossing between Sanlihe Avenue and Fucheng Street down south to the south courtyard wall of Diaoyutai State Guesthouse, east from crossing between Sanlihe Avenue and Fucheng Street west to Nanyi Avenue of Fucheng Street;

5) Architecture controlling belt of government branches, schools, areas of natural and historical interest, and protection units of cultural relics;

The outdoor advertisement device installation in other roads and areas inappropriate for such device shall be controlled by the layout plan of outdoor advertisement device installation.

Article 10 Vehicles with advertisements, except for those rallied temporarily for big events, are not allowed to pass areas east from crossing (the crossing not included) between Wangfujing Avenue and Chang’an Street west to crossing (crossing not included) between Xidan Avenue and Chang’an Street, and surrounding area of Tian’anmen Square.

Article 11 Outdoor advertisement installed at either side of roads or road crossings shall not block safe sight distance, shall not affect smooth pass, and shall not have any of following situations:

1) Block street lamps, traffic signals, and traffic lights;

2) Extend over or across roads;

3) Be installed on bridge girder of fly-over bridge, pedestrians’ fly-over, and railway bridge;

4) Obstruct proper use of facilities for the disable people;

5) Other situation prohibited by laws and regulations;

Installation of single column or foot-mounted advertisement device at either side of roads or in other areas within the Third Ring Roads shall not exceed the height limit prescribed.

Article 12 Outdoor advertisement installed on buildings or constructions shall not impede the landscape of the city, shall not have negative affect on city environment, and shall not have any of following situations:

1) Chang the appearance of the original building or construction;

2) Exceed height limit of building and construction prescribed in urban planning files;

3) Exceed height limit of outdoor advertisement device installation;

4) Other situation prohibited by laws and regulations;

When outdoor advertisement device need to be installed on civilian buildings, the installation shall comply with layout plan of outdoor advertisement installation and shall have consent of residents in the buildings.

Outdoor advertisement device is forbidden to be installed on dangerous buildings or constructions

Article 13 Outdoor advertisement device is not allowed to be installed on afforested land, on surface of river, lake, and reservoir, drifting in the air, or on flying objects.

Article 14 Installation of outdoor advertisement device shall comply with safe technological standards, management standards, and other criteria of outdoor advertisement device to ensure the safety and fastness of such devices. Construction and maintenance of outdoor advertisement device shall be done in accordance with relevant regulations on labor safety prescribed by the nation and the city.

If lighting equipment is installed for outdoor advertisement, such equipment shall function well; if neon light, electronic display device, or lamp box are installed, the display of such equipment must be intact. When the above equipment fail to function well, the device need to be fixed or changes in a timely manner, and shall be put to use until fixed.

Article 15 Operator of outdoor advertisement device is the person in charge of maintenance and management of outdoor advertisement device (hereinafter referred to as “manager”); the responsibility of the manager is to ensure and maintain the safety, tidiness, and good appearance of outdoor advertisement device. Blank in outdoor advertisement device shall not be allowed.

When outdoor advertisement device has potential threat to the safety of lives or properties, competent municipal administration departments shall order the manger to eliminate such potential threat immediately; if immediate settlement is not feasible, a deadline shall be laid down for proper handle of the threat, and the relevant departments shall be responsible for supervising the settlement work of threat elimination. During the period of threat settlement, manager shall signal obvious warning signs in the spot of potential safety threat and shall assign personnel to be on duty on the spot when necessary in case of any accidents.

Article 16 When outdoor advertisement device is installed in residential areas or the surroundings, the installation shall avoid such inconvenience to residents as noise pollution, light pollution, block of sunlight, and so on.

Article 17 The following situations are prohibited in outdoor advertisement installation:

1) Taking advantage of traffic safety equipment and traffic signs;

2) Impeding the use of public utilities, traffic safety equipment, and traffic signs;

3) Taking advantage of road lighting system, power grid, communication network, and postal facilities;

4) Other situation that may harm the appearance and environment of the city.

When advertisement is installed on public transport facilities such as covered bus stop, bus route display board, entrance and exit of bus stop and so on, the installation shall comply with the requirements of layout plan of outdoor advertisement device installation and shall not impede recognition and smooth pass.

Article 18 When body advertisement is on trolleybus or bus with fixed route in public transport system, such advertisement shall not on the front side, front and back windshield, and windows of vehicles. Advertisement shall not cover all the original color of the vehicle, and shall not obstruct recognition and use.

Other vehicles (minibus included) shall not have advertisement on outside body.

Competent municipal administration departments shall, together with relevant municipal departments, formulate standards and criteria of vehicle body advertisement on public trolleybus and bus. The routes and vehicles of public trolleybus and bus that are entitled to be installed with body advertisement shall be announced by competent municipal administration departments in accordance with the layout plan of outdoor advertisement device installation.

Article 19 The city encourages units in charge of construction to simply decorate the enclosure of site of construction to beautify the appearance and environment of the city, however, installation of outdoor advertisement taking advantage of enclosure of site of construction is prohibited.

When big commercial events are held in the city, no outdoor advertisement device is allowed outside the location of the event.

Article 20 When outdoor advertisement device installation is allowed on building, construction, or land of its scope of usage in accordance with the layout plan of outdoor advertisement device installation, the installer shall sign contract with owner of the building or construction, before which the installer shall go to the competent municipal administration departments to figure out the layout conditions and design requirements of outdoor advertisement installation on the building, construction, or land of its scope of usage. The outdoor advertisement device installed by the installer shall comply with the layout conditions and design requirements, and shall receive examination and supervision of competent municipal administrative departments in accordance with laws.

Article 21 The city practices a system of franchise business operation in transfer of right of use of outdoor advertisement devices installed on either side of streets, on squares, and in other public places (hereinafter referred to as “public places”). Selection of franchise operator of outdoor advertisement devices can be done either in form of bidding or auction in accordance with the regulations of franchise business operation of the city.

When the form of bidding is employed in the transfer of right of use of outdoor advertisement devices in public places, the selection shall be carried out in accordance with relevant provisions in Bidding Law of People’s Republic of China; when the form of auction is employed in the transfer of right of use of outdoor advertisement devices in public places, the selection shall be carried out in accordance with relevant provisions in Auction Law of People’s Republic of China.

Competent municipal administration departments shall be responsible for organizing and implementing the selection of franchise operator, through bidding or auction, of outdoor advertisement devices in the following public places, namely on either side of highways, expressways, extended line of Chang’an Street (east from Fuxingmen and west to East Gate of Capital Steel Corporation, west from Jianguomen and east to Dongguan Bridge in Tongzhou Town), the Second Ring Roads, the Third Ring Roads, the Fourth Ring Roads, The Fifth Ring Roads, The Sixth Ring Roads, surrounding areas of capital airport and railway stations, and economic and technological development zones; competent administration departments at district and town level shall be responsible for organizing and implementing the selection of franchise operator, through bidding or auction, of outdoor advertisement devices in other public places not mentioned above.

Article 22 The transfer term of right of use of outdoor advertisement device shall generally be no more than two years; the term may be extended for those outdoor advertisement devices with higher costs such as newly-built electronic display devices, but the term shall be no more than four years.

Article 23 When the form of bidding is employed in the transfer of right of use of outdoor advertisement devices in public places, the bid-winner shall become the franchise operator. The franchise operator will be granted the franchise business operation right after signing franchise contract and paying fee of franchise right within time limit.

When the form of auction is employed in the transfer of right of use of outdoor advertisement devices in public places, the buyer selected shall become the franchise operator. The franchise operator will be granted the franchise business operation right after signing franchise contract and paying fee of franchise right within time limit.

The fee of franchise right of outdoor advertisement devices in public places shall be included in the fiscal budget, and shall be solely used in city administration work.

Article 24 The franchise operator of with right of use of outdoor advertisement devices in public places shall not transfer the franchise business operation right to others.

When the franchise operator needs to be changes due to merger or split of enterprises, new joint venture or cooperation, sell of enterprise equity, or other situations where the property rights of the enterprise’s capital are changed, the franchise right can be transferred after the verification of original municipal administration departments which authorized the franchise right.

Article 25 When the term of franchise right of business operation of outdoor advertisement device is expired and new bidding or auction is needed, the original franchise operator shall have preemption right under same biding conditions if no deed against laws and the contract is found during the implementation of the franchise contract of outdoor advertisement device.

Article 26 When the Regulations is violated and such violation falls into the jurisdiction of urban administration and comprehensive law enforcement organs authorized by Beijing Municipal Government, urban administration and comprehensive law enforcement organs shall implement administrative punishment in accordance with laws.

When the Regulation is violated and such violation falls into the jurisdiction of urban planning, traffic, garden engineering, public security, construction, quality and technology supervision, industrial and commercial administration, and labor safety organs of the government, the responsible organs shall implement punishment in accordance with laws.

Article 27 If outdoor advertisement device installation violates layout plan, urban administration and comprehensive law enforcement organs shall be responsible for laying down a deadline for the correction; if correction fails to be carried out when the time limit is due, the device shall be removed and a fine of no less than 1,000 yuan and no more than 10,000 yuan shall be imposed.

For outdoor advertisement device that should be removed in accordance with laws, manager shall voluntarily remove such device within the time limit set by urban administration and comprehensive law enforcement organs; if removal fails to be implemented when the time limit is due, urban administration and comprehensive law enforcement organs shall apply to people’s court for enforcement in accordance with laws, or shall entrust professional agencies to do the removal in accordance with laws, and the expenses shall be the responsibility of the manager.

Article 28 If outdoor advertisement device installation impedes the proper use of traffic safety equipment or traffic signs, blocks safe sight distance, and affect smooth pass, competent administration department of public security and traffic shall impose punishment in accordance with Law of People’s Republic of China on Road and Transport Safety.

If outdoor advertisement device installation is not comply with national or municipal safety and technology standards, if advertisement device is blank, broken, blotched, or seriously faded, and if the display of neon light, electronic display device, and lamp box is incomplete or breached, the urban administration and comprehensive law enforcement organs shall be responsible for laying down the deadline for correction and can impose a fine of no less than 500 yuan and no more than 5,000 yuan. When the display of neon light, electronic display device, and lamp box is incomplete or breached, such device shall not be allowed to put to use until fixed.

Article 29 If outdoor advertisement device which is installed before the implementation of the Regulations is not comply with the requirements of installation prescribed in layout plan, such device shall be removed when authorized term of installation expires.

Article 30 When manager of outdoor advertisement device violates the provisions in the Regulation, fails to carry out the duty of maintenance and administration, and causes accidents due to negligence of safety matters, the manager shall bear legal obligations in accordance with laws.

Article 31 If outdoor advertisement device installation violates the provisions in the Regulations, competent municipal administration departments shall be responsible for correction or cancellation; and if the ruling leads to loss of operator of outdoor advertisement device and such loss is cost by mistakes of relevant administrative departments, the departments shall bear the responsibility of compensation.

Article 32 If administrative departments and their working staff violate the provisions in the Regulations, fail to carry out responsibilities and obligations in accordance with laws, or engage in dereliction of duty, abuse of power, and irregularities for favoritism, the administrative departments or relevant organs at higher level shall be responsible for the correction, and shall impose administrative punishment on person directly in charge and other responsible personality; and if the deeds constitute crime, the criminal responsibility shall be investigated in accordance with laws.

Article 33 The practice of installation and administration of outdoor advertisement device in suburban areas shall be carry out in accordance with the Regulations.

Article 34 The Regulation shall enter into force as of October 1, 2004. The Measures of Beijing Municipal Government on Administration of Outdoor Advertisement, promulgated by Beijing Municipal Government on November 15, 1998, shall be nullified simultaneously.