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Interim Provisions of Shanghai Municipality on the Comprehensive Administration of the Pedestrian Street of Nanjing Road
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| (Promulgated by the Shanghai Municipal People' s Government on November 4, 1999, Decree No. 75) Article 1 Purpose and Basis In order to strengthen the comprehensive administration of the Pedestrian Street of Nanjing Road, maintain its normal order, its city image, and its environment, and keep the public facilities in good condition, these Interim Provisions are formulated in accordance with the Law of the People' s Republic of China on Administrative Punishment and in light of the actual conditions of this Municipality. Article 2 Extent of the Pedestrian Street The Pedestrian Street of Nanjing Road (hereinafter referred to as the Pedestrian Street) as defined in these Provisions refers to the public area of that section of East Nanjing Road which extends east to Middle Henan Road, west to Middle Xizang Road, and north and south to the outer walls of the buildings along the street, including Century Square, etc. The adjustment of the extent of the Pedestrian Street shall be determined by The People' s Government of Huangpu District in accordance with the arrangements of the city planning and construction, and shall be publicized. Article 3 Administrative Departments and Law Enforcement Organizations The Administrative Committee of the Pedestrian Street of Nanjing Road of Shanghai Municipality shall be responsible for the comprehensive administration and coordination of the Pedestrian Street. The Administrative Office of the Pedestrian Street of Nanjing Road of Huangpu District (hereinafter referred to as the Pedestrian Street Administrative Office) shall take charge of the routine administrative work of the Pedestrian Street. The Supervisory Team of the Pedestrian Street of Nanjing Road (hereinafter referred to as the Pedestrian Street Supervisory Team) set up under the Pedestrian Street Administrative Office shall be authorized by relevant municipal and district administrative departments to enforce administrative punishments or take coercive measures in accordance with the provisions of relevant laws, rules, regulations, and these Provisions. The Pedestrian Street Supervisory Team shall stop illegal acts which fall outside the scope of their authorized law enforcement responsibilities, and turn the wrongdoer over to relevant administrative departments without delay, to be handled in accordance with law. All relevant administrative departments shall, in accordance with their respective duties, provide professional guidance to and exercise supervision over the Pedestrian Street Supervisory Team regarding the delegated duties. Article 4 Administrative Principles The administration of the Pedestrian Street shall follow the principles of unified administration of territorial jurisdiction, streamlined and highly efficient. Article 5 Social Order Control Units and individual persons that are located in or that have entered the Pedestrian Street, shall conscientiously uphold its normal social order and public security. Acts that disturb the social order and impair public security shall be dealt with by public security departments in accordance with the Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment and relevant laws, rules and regulations. Article 6 Road Traffic Control The traffic organizational plan of the Pedestrian Street and its surrounding areas shall be worked out, adjusted and publicized by the administrative departments of public security and communications in light of the actual needs of the Pedestrian Street traffic control. Neither motor vehicles or non-motor vehicles shall enter the Pedestrian Street without examination and approval of the administrative departments of public security and communications. The following acts done in the Pedestrian Street shall be dealt with by administrative departments of public security and communications in accordance with the Regulations of the People' s Republic of China on Road Traffic Control and relevant laws, rules, and regulations, wherein unauthorized entry and parking of non-motor vehicles in the Pedestrian Street shall be dealt with by the Pedestrian Street Supervisory Team with the authorization of the administrative departments of public security and communications: 1. Unauthorized entry of motor vehicles or non-motor vehicles; 2. Unauthorized parking of motor vehicles or non-motor vehicles; or 3. Other acts in violation of traffic control regulations. Article 7 Planning Administration Units and individual persons that are located in or that have entered the Pedestrian Street shall submit themselves to planning administration and ensure that relevant construction projects comply with the requirements of planning. The following acts shall be dealt with by the Pedestrian Street Supervisory Team with the authorization of planning administrative departments in accordance with the Regulations of Shanghai Municipality on City Planning and other relevant laws, rules and regulations: 1. Frontal decoration of buildings along the street without examination and approval; 2. Construction of buildings or erection of structures without examination and approval; 3. Installment of outdoor advertisement facilities without examination and approval; or 4. Failure to pull down temporary buildings within the prescribed time limit. Article 8 Road Maintenance Administration Units and individual persons that are located in or that have entered the Pedestrian Street shall conscientiously keep in good order roads and their auxiliary facilities. The following acts shall be dealt with by the Pedestrian Street Supervisory Team with the authorization of municipal works administrative departments in accordance with the Regulations of Shanghai Municipality on the Administration of City Roads and Bridges and other relevant laws, rules and regulations: 1. Unauthorized occupation of roads to erect buildings and structures or unauthorized digging of roads; 2. Stealing, purchasing, moving or damaging of inspection well covers, road signs and other road auxiliary facilities; or 3. Other acts damaging or occupying roads. Article 9 Industry and Commerce Administration Units and individual persons that are located in or that have entered the Pedestrian Street shall conscientiously maintain the normal order of business in the Pedestrian Street. The following acts shall be dealt with by the Pedestrian Street Supervisory Team with the authorization of industry and commerce administrative departments in accordance with the law. Violations of Items 1 and 2 of this Section shall be dealt with in accordance with the Interim Provisions of Shanghai Municipality on the Ban of Business Without License and Illicit Market and other relevant laws, rules and regulations. Violation of Item 3 of this Section shall be dealt with in accordance with the Interim Procedures on the Administration of Printed Advertisements and other relevant laws, rules and regulations. 1 Setting up stalls without license to sell or peddle goods; 2 Reselling at a profit tickets, coupons, or negotiable securities; 3 Distributing printed advertisements without examination and approval. Article 10 City Image Administration Units and individual persons that are located in or that have entered the Pedestrian Street shall conscientiously maintain the city image and protect the environment of the Pedestrian Street. The following acts shall be dealt with by the Pedestrian Street Supervisory Team with the authorization of city image administrative departments in accordance with the Regulations on the Administration of City image and Environmental Sanitation and other relevant laws, rules and regulations: 1. Scribbling or carving on buildings, facilities and trees, or hanging or posting publicity materials without examination and approval; 2. Piling or hanging goods on the balcony or outside the window of buildings facing the street that impair city image; 3. Affecting city image and environmental sanitation because of failure to put up a guardrail or a screen along the construction site bordering on the street, to tidy up and provide necessary covers for a construction site that has suspended work, or to clean up and level the ground after completion of construction work; or 4. Other acts that violate the provisions of city image administration. Article 11 Examination and Approval for Installment of Outdoor Advertising Facilities Examination and approval for the installment of outdoor advertising facilities in the Pedestrian Street shall be made by the Pedestrian Street Administrative Office with the authorization of the departments responsible for the examination and approval of outdoor advertising facilities in this Municipality. The Pedestrian Street Administrative Office shall examine and approve in accordance with the plans for locating outdoor advertising facilities and the technical specification for such facilities. The departments responsible for the examination and approval of outdoor advertising facilities in this Municipality shall strengthen their guidance and supervision of the examination and approval of outdoor advertising facilities to be installed in the Pedestrian Street. Article 12 Lighting Control Roadscape lighting facilities in the Pedestrian Street shall be designed, constructed, and used simultaneously with the construction project. In examining and approving designs for construction projects, construction administrative departments shall seek the opinions of the Pedestrian Street Administrative Office regarding the design for lighting. Lighting facilities of completed projects shall be maintained in accordance with the uniform requirements of the Pedestrian Street Administrative Office. Roadscape lighting facilities in the Pedestrian Street and the lighting facilities near the windows within the buildings shall be turned on during the prescribed hours at night. The units that put up the roadscape lighting and the owners or users of the buildings shall keep such facilities in good condition, and turn on the lights regularly. Those who violate the provisions of the preceding Section shall be enjoined to make rectification within the prescribed time limit by the Pedestrian Street Supervisory Team as authorized by city image administrative departments. Refusal to make rectification shall be penalized by a fine of not more than 1000 yuan. Article 13 Administration of Environmental sanitation Units and individual persons that have entered the Pedestrian Street shall conscientiously maintain the environmental sanitation of the Pedestrian Street, and keep the surroundings tidy. Those who spit or urinate on the ground, litter chewing gum or other waste, dump rubbish everywhere, or throw slops or other dirty things in the Pedestrian Street in violations of provisions on the administration of environmental sanitation shall be enjoined to wipe clean the soiled ground, or clear away the discarded waste by the Pedestrian Street Supervisory Team as authorized by the environmental sanitation administrative departments. In addition, a fine of 50 yuan shall be imposed. The following acts shall be dealt with by the Pedestrian Street Supervisory Team as authorized by the environmental sanitation administrative departments in accordance with the provisions of the Regulations of Shanghai Municipality on the Administration of Environmental sanitation and relevant laws, rules, and regulations: 1. Removing, moving, occupying, damaging, destroying or shutting down environmental sanitation facilities without authorization; 2. Failing to make the site clean and tidy after unloading goods; 3. Failing to fulfill one' s responsibility to sweep and keep clean the prescribed areas; or 4. Other acts that spoil environmental sanitation. Article 14 Greenery Administration Units and individual persons that are located in or that have entered the Pedestrian Street shall conscientiously take good care of the greenery and protect all greening facilities. The following acts shall be dealt with by the Pedestrian Street Supervisory Team as authorized by the greenery administrative departments in accordance with the provisions of the Regulations of Shanghai Municipality on the Administration of Tree Planting, and Greenery and relevant laws, rules, and regulations: 1. Breaking or damaging trees without authorization; 2. Dumping trash or poisonous waste residue or liquid waste, or piling up varia near the trees or on the greens, or putting up sheds by making use of trees in the Pedestrian Street; 3. Damaging greening facilities; or 4. Other acts of destroying greenery or greening facilities. Article 15 Administration of Environmental Protection Units and individual persons that are located in or that have entered the Pedestrian Street shall conscientiously protect the environment and prevent environmental pollution. The following acts shall be dealt with by the Pedestrian Street Supervisory Team as authorized by environmental protection and public security departments in accordance with the Law of the People' s Republic of China on the Prevention of Environmental and Noise Pollution, the Regulations of Shanghai Municipality on Environmental Protection and relevant laws, rules, and regulations: 1. Installing air-conditioners or cooling facilities in violation of the regulations and affecting the surrounding environment; 2. Producing noise that interferes with the surrounding environment in construction or in business or entertainment activities in violation of the regulations; 3. Burning substances that produce poisonous and harmful smoke and soot or produce gases of offensive foul smell; 4. Raising large quantities of dust during construction, transportation or loading and unloading; or 5. Other acts that cause environmental pollution. Article 16 Special Provisions on Prohibited Activities Sleeping in open air, roaming about, begging, and other acts that disturb the normal order and impair the townscape are prohibited in the Pedestrian Street. The Pedestrian Street Supervisory Team shall stop acts violating the provision in the preceding Section, or turn the wrongdoer to relevant administrative departments to be dealt with in accordance with the law. In case of damage, the wrongdoer shall be held liable for making compensation. Article 17 Special Provisions on Restricted Activities Those who are to engage in the following public activities in the Pedestrian Street shall first obtain examination and approval from the Pedestrian Street Administrative Office: 1. Holding exhibitions, providing consultation service, giving theatrical performance or having sports activities; 2. Hanging up slogans, streamers and other publicity materials; 3. Taking commercial movies or telefilms; or 4. Other activities that need to be approved by the Pedestrian Street Administrative Office according to the stipulations of the Municipal People' s Government. The Pedestrian Street Supervisory Team shall warn against or stop acts that violate the provisions in the preceding Section, and may enjoin the wrongdoer to clean up the site and restore it to the original state. In case of damage, the wrongdoer shall be held liable for making compensation. Article 18 Requirements for Service The Pedestrian Street Administrative Office shall formulate and publicize its system of handling affairs and raise its working efficiency, when it conducts examination and approval and administrative affairs. The Pedestrian Street Administrative Office shall organize relevant units to erect necessary public service facilities in the Pedestrian Street, such as environmental sanitation facilities and guideposts. It shall also organize relevant administrative personnel to provide necessary services for tourists, such as offering information and pointing out the way. Article 19 Duties of Law Enforcement Personnel The law enforcement personnel of the Pedestrian Street Supervisory Team shall undergo training, and obtain a law enforcement identity card after successfully passing the examination. The law enforcement personnel of the Pedestrian Street Supervisory Team shall enforce the law impartially and in a civilized manner, and protect the lawful rights and interests of the persons they are dealing with. Article 20 Date of Implementation These Provisions shall become effective on December 1, 1999. |
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