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Interim Provisions of Shanghai Municipality on Prohibiting the Unwarranted Posting, Smearing, and Carving and Drawing
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| (Promulgated by Decree No.44 of the Shanghai Municipal People's Government on April 30,1997) Article 1 (Purpose and Basis) The present Provisions are formulated on the basis of the relevant stipulations of the "Regulations on the Administration of City Appearance and Environmental Sanitation" and in accordance with the actual situations in Shanghai, to prohibit any unwarranted random posting, smearing, and carving and drawing so as to keep the city appearance and environment clean and tidy. Article 2 (Departments Organizing the Implementation) The implementation of these Provisions will be organized by the Office of Shanghai Municipal Administration Commission (hereinafter referred to as OSMAC) Artick3 (General Stipulations) Any unit or individual person shall conscientiously keep tidy and clean all buildings, structures, trees and other facilities, and has the right to stop and inform against the wrongdoing damaging the tidiness and the cleanness of the items mentioned. Article 4 (Restrictions on Posting and Smearing and Prohibition on Carving and Drawing) Sporadic posters shall be put up in the regular public bulletin board in accordance with law. Anyone who plans to post up propaganda materials other than sporadic posters or to smear advertising slogans in addition to the sporadic posters on buildings, structures, trees and other facilities, shall implement his/her plan within the stipulated period of time and area after being approved by the City Appearance Administrative Department of the Municipality or district (county), and shall clean up all the materials or slogans at the expiration of the period stipulated. Except for the stipulations in the first and the second Sections of this Article, any unwarranted random posting or smearing on buildings, structures, trees or other facilities are prohibited. Any carving and drawing on buildings, structures, trees and other facilities is prohibited. Article 5 (Obligations of the Administrative Authority) The City Appearance Administrative Department of the Municipality or district (county) shall reinforce the management on the unwarranted random posting, srnearing and carving and drawing. The Subdistrict Office and the Township People's Government shall select proper spots in the neighborhood or in the residential areas to set up the public posting board, and shall strengthen the management on them. If any dirty marks of the unwarranted random posting, srnearing or carving and drawing are found within the area under jurisdiction, the City Appearance Administrative Department of the Municipality or district (county), together with the Subdistrict Supervisory Team, shall investigate and find out the wrongdoers, and imposed on them certain penalty in accordance with law; if the wrongdoers can not be found out for the time being the dirty marks shall be cleaned up under the arrangement of the City Appearance Administrative Department or the Subdistrict Supervisory Team. Article 6 (Rights and Duties of the Relevant Units) Every unit shall keep clean and tidy the buildings, structures, trees, and other facilities they use and manage. It is authorized to demand the wrongdoers to clean up the unwarranted random posting, smearing, and carving and drawing made on the said buildings, structures, trees and other facilities, and claim compensation from them; if the wrongdoers can not be found for the time being, the unit shall clean the dirty marks away for them. Article 7 (Administrative Punishments) The City Appearance Administrative Department of the Municipality or district (county) shall instruct those who violate Article 4of the present provisions to clean up the dirty marks and impose on the wrongdoer punishments as follows: 1.A disciplinary warning or a fine of 10yuan on each spot of the unwarranted random posting or smearing; or 2.A disciplinary warning or a fine of 20yuan on each spot of the unwarranted random carving and drawing. Article 8 (Subdistrict Supervisory Team's Power to Punish) The Subdistrict Supervisory Team is authorized to impose administrative punishments on the wrongdoers' act of the unwarranted random posting, smearing, and carving and drawing within the neighborhood, lanes and the residential quarters under the present Provisions, but the power to punish shall not exceeding the scope stipulated in the "Interim Provisions of Shanghai Municipality on the Punishment Imposed by the Subdistrict Supervisory Team". Article 9 (Charging Standards for Cleaning up the Stains) In case those who violate the present Provisions fail to clean up the dirty marks of their unwarranted random posting, srnearing, and carving and drawing within the time limit, the City Appearance Administrative Department of the Municipality or district (county)and the Subdistrict Supervisory Team shall organize the cleaning for the wrongdoers and demand them to pay off the expenses incurred in the cleaning . The cleaning shall be charged at 10yuan for each spot of the unwarranted random posting and smearing, and 20yuan for each spot of the unwarranted random carving and drawing; in case that the cleaning expense is obviously higher than that calculated on the basis of the specified standards, the charges shall be subject to the practical expense incurred in the cleaning. Those units that have already arranged a general cleaning or have cleaned the dirty marks for the wrongdoers may claim from the wrongdoers the expense incurred in the cleaning in the light of the standards specified in the previous Section. Article 10 (Procedure of Enforcing the Punishment) The City Appearance Administrative Department of the Municipality or district (county), or the Subdistrict Supervisory Team shall draft a written decision for the administrative punishment before they enforce the decision according to the present Provisions. Before the City Appearance Administrative Department of the Municipality or district (county), or the Subdistrict Supervisory Team makes the decision of imposing administrative punishment, it shall inform those involved of the facts, reasons and basis for making this decision; violators who publicize their telephone numbers in the posters, srnearing or carvings and drawing shall go to the specified places at a fixed time for penalty and they may by notified through their telecommunication devices with the publicized number. Those who fail to accept the penalty within the specified period will be deprived of the right to use their telecommunication devices. The period for suspending the use of the telecommunication devices shall not exceed 30days each time. If the wrongdoers accept the punishment during this said period of suspension, their telecommunication devices shall be resumed the use in time. Article 11 (Enforcement of Suspending the Use of Telecommunication Devices) The wrongdoer who are deprived of the right to use their telecommunication devices according to Article 10of the present Provisions, shall be reported to the OSMAC for examination and decision by the City Appearance Administrative Department of the municipality or district (county), or by the Subdistrict Supervisory Team after it obtains sufficient evidence through investigation. The OSMAC shall inform in writing the relevant telecommunication services of suspending the use of the telecommunication devices involved. The municipal post and telecommunication administration department shall supervise and ensure that the relevant telecommunication services shall cooperate in carrying out the enforcement of the present Provisions. Those telecommunication services that refuse to cooperate and fail to carry out the present Provisions will be punished by the municipal post and telecommunication administrative department in accordance in accordance with law. Article 12 (Reconsideration and Litigation) In case the party concerned does not accept the specific administrative acts done by the City Appearance Administrative Department of the Municipality, district (county)or the Subdistrict Supervisory Team, he/she may apply for an administrative reconsideration or bring an administrative action in compliance with the stipulations in the "Regulations of Administrative Reconsideration" and the "Administrative Litigation Law of the People's Republic of China". If the party concerned do not apply for a reconsideration, nor bring a legal action, nor perform the specified administrative decision within the stipulated period, the City Appearance Administrative Department of the Municipality or district (county)or the Subdistrict Supervisory Team that makes this decision may apply to the People's Court for an enforcement on the basis of the "Administrative Litigation Law of the People's Republic of China". Article 13 (Punishment on Impeding Law Enforcement) All those, who refuse or impede the law enforcement conducted by the administrators from the City Appearance Administrative Department of the Municipality or district (county)or by the supervisors from the Subdistrict Supervisory Team, anyone who violates the "Regulations of the People's Republic of China on Public Security Administration and Imposition of Punishment" shall be punished by the public security department according to law. If the wrong is serious and constitutes a crime, the-wrongdoer shall be prosecuted for his/her criminal liability according to law. Artick14 (Investigation of the Illegal Acts of the Law-enforcing Personnel) The city appearance administrators of the Municipality or district (county) and the supervisors from the Subdistrict Supervisory Team shall enforce the law impartially. Those who abuse their powers, bend the law for private benefits, ask for or accept bribes shall be given administrative disciplinary punishment by their units; If the wrong is serious and constitutes a crime, the wrongdoer shall be prosecuted for his/her criminal liability according to law. Article 15 (Department for Interpreting the Applications of Present Provisions) The OSMAC shall responsible for the interpretation of the specific application of the present Provisions. Article 16 (Date of Implementation and Retrospective Effect) The present Provisions will become effective on June 1,1997. Any unwarranted random posting, srnearing or carving and drawing that occurs before the date of implementation of the present Provisions shall be cleaned up by the wrongdoers within 30days after the present Provisions become effective; those who fail to clean up the dirty marks within the time limit shall be punished in accordance with the present Provisions. |
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