|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the Shanghai Province |
[Database Search] [Name Search] [Noteup] [Help]
Interim Provisions of Shanghai Municipality on the Comprehensive Administration of the People' s Square Area
|
| (Promulgated by Decree No. 50 of the Shanghai Municipal People' s Government on November 14, 1997) Article 1 (Purpose and Basis) With the view to strengthening the comprehensive administration of the People' s Square Area in the Municipality, maintaining its normal order, and protecting its urban environment and public facilities, the present Provisions are formulated in accordance with the relevant laws and regulations. Article 2 (Definition) The People' s Square Area (hereinafter referred to as "the Square" ) mentioned in the present Provisions refers to the public area extending from the west-side pavement of Xizang Road (C) in the east to the east-side pavement of Huangpi Road (N) in the west; from the south-side pavement of Wusheng Road in the south to the exterior walls of the Shanghai Opera House and the Building No.200 at the People' s Avenue in the north. Article 3 (Subjects of Application) All units and individuals entering the Square (including the units inside the Square and their staff similarly hereinafter) shall abide by the present Provisions. Article 4 (Administrative Authorities and Executive Organization) The Administration Committee Office of the People' s Square Area (hereinafter referred to as the Square Administration Office) is in charge of the routine administration of the Square and the related organization or coordination work. The Supervisory Squad of the People' s Square Area (hereinafter referred to as the "Square Supervisory Squad" ), entrusted by the relevant administration department of the district it belongs to, shall impose punishment upon any violator of laws, rules and regulations within the Square concerning the order of social administration, urban environment, greenery and road facilities; and shall have the right to prevent any illegal acts beyond the limit of the punishment entrusted, and shall promptly refer them to the relevant administration department for further punishment according to law. All the relevant administration departments shall, in accordance with their respective duties, exercise the administration of public security, traffic, greenery, urban environment and municipal public facilities, and the professional guidance and supervision over the Square Supervisory Squad in punishment-related matters entrusted by them. Article 5 (Administration of Public Order) All units and individuals entering the Square shall conscientiously maintain the public order within the Square. The following acts of disturbing the public order within the Square shall be prohibited: 1. Disturbing the order of government organs, social groups, enterprises or institutions; 2. Disturbing the order at stations, markets, theaters or other public places; 3. Instigating troubles among people by spreading rumors on purpose or by other forms; 4. Refusing or interfering with state functionaries' performance of duties; or 5. Engaging in other acts of disturbing the public security order. For any act of violating the provision in the preceding paragraph, if it is not serious enough to be subject to criminal sanction, the public security organ shall impose punishment upon the violators according to the Regulations of the People' s Republic of China on Administration of Public Security and Penalties. Article 6 (Administration of Social Order) All units and individuals entering the Square shall conscientiously maintain the order of social administration within the Square. The following acts of disturbing the order of social administration within the Square shall be prohibited: 1. Damaging the Square' s fountain installation, pigeon houses, bulletin boards, picture corridors, sculptures, public telephones, street lamps, traffic signs or other public facilities; 2. Reselling tickets for transport, admission tickets for theatrical performances or other coupons for profit-making; 3. Entering the Square with a dog; 4. Engaging in activities related to feudal superstitions; or 5. Engaging in other acts of disturbing the order of social administration. For any act of violating the provision in the preceding paragraph, if it is not serious enough to be subject to criminal sanction, the public security organ shall impose punishment upon the violators according to the Regulations of the People' s Republic of China on Administration of Public Security and Penalties and relevant rules and regulations; for any act of violating Item (1) of the provision in the preceding paragraph, the public security organ shall entrust the Square Supervisory Squad to impose punishment upon the violators. Article 7 (Administration of Road Traffic) All vehicles and individuals entering the Square shall strictly abide by the road traffic regulations and conscientiously maintain the traffic order and keep traffic unimpeded within the Square. The following acts of violating the regulations on traffic control within the Square shall be prohibited: 1. Vehicles and individuals force their way through an area or a road section closed to traffic by the formal decree; 2. Vehicles for public transport and other passenger-transport vehicles stop outside their designated station areas; 3. Motor-driven or manpower vehicles are parked anywhere at random; or 4. Other acts of violating the regulations on traffic control. For any act of violating the provision in the preceding paragraph, the public security organ shall impose punishment upon the violators according to the Regulations of the People' s Republic of China on Road Traffic Control and relevant rules and regulations; for any act of violating Item (3) of the provision in the preceding paragraph, i.e., parking manpower vehicles anywhere at random, the public security organ shall entrust the Square Supervisory Squad to impose punishment upon the violators. Article 8 (Administration of Road Facilities) Any units and individuals entering the Square shall conscientiously safeguard the roads (including pedestrian passageways and underpasses, similarly hereinafter) and other auxiliary facilities. The following acts of violating the regulations on road administration within the Square shall be prohibited: 1. Setting up a building or structure on a road or digging up a road without authorization; 2. Stacking up things or setting up a stall on a road; 3. Stealing, removing, or damaging road auxiliary facilities such as inspection well lid, road sign, and road separative fence; or 4. Other acts of damaging or occupying road facilities. For any acts of violating the provision in the preceding paragraph, the administration department of municipal public works shall entrust the Square Supervisory Squad to impose punishment upon the violators according to the Regulations on Urban Road Administration and relevant rules and regulations. Article 9 (Greenery Administration) All units and individuals entering the Square shall conscientiously cherish the greenery and protect all the greenery facilities. The following acts of destroying the greenery within the Square shall be prohibited: 1. Borrowing or occupying the greenery land for stacking up things or digging pits to draw earth without authorization; 2. Damaging trees by snapping or carving, or plucking flowers; 3. Treading on greenery land or on flower beds; or 4. Other acts of destroying the greenery or its facilities. For any acts of violating the provision in the preceding paragraph, the administration department of gardening shall entrust the Square Supervisory Squad to impose punishment upon the violators according to the Regulations of Shanghai Municipality on the Administration of Afforestation and Greenery and relevant rules and regulations. Article 10 (Administration of Environmental Sanitation) All units and individuals entering the Square shall conscientiously maintain the Square' s environmental sanitation so as to keep it clean and tidy. The following acts of violating the administration of environmental sanitation within the Square shall be prohibited: 1. Spitting, urinating, defecating, littering or dumping trash about; 2. Falling off, flying up or leaking of cargo loaded on vehicles; 3. Dismantling, removing, occupying or damaging facilities for environmental sanitation without authorization; or 4. Other acts of destroying the environmental sanitation. For any act of violating the provision in the preceding paragraph, the administration department of environmental sanitation shall entrust the Square Supervisory Squad to impose punishment upon the violators according to the Regulations of Shanghai Municipality on the Administration of Environmental Sanitation and relevant rules and regulations. Article 11 (Administration of City Appearance) All units and individuals entering the Square shall conscientiously keep the city beautiful in appearance with harmonious environment. The following acts or phenomena affecting the city appearance on urban environment within the Square shall be prohibited: 1. Scribbling, carving or drawing on buildings, structures, sculptures or other public installations; 2. Hooking up goods or hanging them up to dry; 3. Lying down or sleeping anywhere in the open; 4. Begging or trashpicking; 5. Taking baths in the fountain installation area; 6. Failing to keep clean and intact the billboards, indicator placards, lamp houses and other installations; 7. Failing to take effective measures for civilized work according to rules and regulations in performing maintenance, repairs, etc.; or 8. Other acts or phenomena impairing the city appearance. For any act of violating Item (1), (2), (6) or (7), of the provision in the preceding paragraph, the administration department in charge of the city appearance shall entrust the Square Supervisory Squad to impose punishment upon the violators according to the Regulations on the Administration of City Appearance and Environmental Sanitation and relevant rules and regulations; for acts of violating Item (3), (4), (5) or (8) of the provision in the preceding paragraph, the Square Supervisory Squad shall present it by dissuasion or stop it. Article 12 (Special Provision for Prohibited Activities) The following activities shall be prohibited within the Square: 1. Performing variety shows or peddling things; 2. Installing outdoor advertisements; 3. Roller-skating within the fountain installation area; 4. Chasing, catching or harming pigeons within the Square; or 5. Other activities impairing the order of Square administration. For any act of violating Item (1) of the provision in the preceding paragraph, the administration department of industry and commerce shall entrust the Square Supervisory Squad to impose punishment upon the violators according to the Interim Provisions of Shanghai Municipality on the Ban against Licenseless Business and Illegal Trade Fair and relevant rules and regulations; for acts of violating Item (2) in the preceding paragraph, the administration department in charge of city appearance shall entrust the Square Supervisory Squad to impose punishment upon the violators according to the relevant regulations on outdoor advertising control; for any act of violating Item (3), (4) or (5) in the preceding paragraph, the Square Supervisory Squad shall prevent it by dissuasion or stop it, or order the violator to make compensation if damage has been caused. Article 13 (Special Provision for Restricted Activities) The following activities shall be performed under the permission from the Square Administration Office: 1. Organizing recreational, sports activities, exhibitions or consulting services; 2. Hanging or posting publicity materials; 3. Performing operations necessitated by maintenance or repairs; 4. Installing facilities for public services; or 5. Other activities affecting the order of Square administration. For any act of violating the provision in the preceding paragraph, the Square Supervisory Squad shall prevent it by dissuasion or stop it, and order the violator to restore the Square to its original state. Article 14 (Proceedings for Punishment) If the administration department or the Square Supervisory Squad in the name of an entrusted administration department imposes a disciplinary sanction, it shall issue to the party concerned a written decision of disciplinary sanction; for collection of a fine or confiscated money, a uniform receipt for it officially printed by the municipal finance department shall be issued. The fine or confiscated money collected shall all be turned in to the State Treasury according to the provisions. Article 15 (Reconsideration and Lawsuit) If the party concerned finds unacceptable any specific administrative act of the administration department or of the Square Supervisory Squad, it may apply for administrative reconsideration or may file an administrative suit according to the provisions of the Regulations on Administrative Reconsideration or the Administrative Litigation Law of the People' s Republic of China. Article 16 (Date of Implementation and Interim Procedures to Be Annulled) The present Provisions shall become effective on January 1, 1998. When the Interim Provisions of Shanghai Municipality on the Comprehensive Administration of the People' s Square Area approved by the Shanghai Municipal People' s Government on September 22, 1994 shall be annulled on the same date. |
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/cn/legis/sh/laws/iposmotcaotpsa1019