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Interim Provisions of Shanghai Municipality on the Comprehensive Administration of the Shanghai Railway Station Area
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| (Promulgated by Decree No. 62 of the Shanghai Municipal People's Government on September 26, 1998) Article 1 (Purpose) These Provisions are formulated in accordance with the relevant laws and regulations and with a view to strengthening the comprehensive administration and maintaining the normal social order in the Shanghai Railway Station Area. Article 2 (Scope of the Area) The Shanghai Railway Station Area (hereinafter referred to as the Area) mentioned in the present Provisions refers to the public area extending on the east from the west-side pavement of Da TongRoad to the east-side pavement of Heng FengRoad on the west (including the bridge opening of the Heng FengRoad Overpass) and from the north-side pavement of Tian Mu XiRoad on the south to the south-side pavement of Zhong XingRoad on the north (including the squares in front of the Shanghai Railway Station). Article 3 (Objects of Application) Any unit or individual person entering this Area (including the units located in this Area and their staff members. Similarly hereinafter) shall observe these Provisions.. Article 4 (Organ of Comprehensive Administration) The Administrative Committee of Shanghai Railway Station Area of Shanghai Municipality (hereinafter referred to as the Area Administration Committee) is responsible for considering the overall planning of the comprehensive administration in this Area, studying and arranging the important matters of the comprehensive administration, as well as coordinating and handling the major issues occurring in the comprehensive administration in this Area. The People's Government of Zhabei District shall take the responsibility of organizing the implementation of these Provisions. The Office of the Area Administrative Committee of Shanghai Railway Station of Shanghai Municipality ( hereinafter referred to as the Area Administrative Committee Office) is under the dual leadership of the Area Administrative Committee and the People's Government of Zhabei District. It is responsible for the routine comprehensive administration and the related work of organization and coordination, and urges the relevant administrative departments to fulfill their respective administrative duties according to law. Article 5 (Administrative organs of Public Security and Traffic) The Public Security Bureau of Shanghai Municipality shall exercise unified leadership and command of the public security and traffic administration of this Area. The public security organs of Zhabei district, the Railway public security organs and the metro public security organs shall take charge of the specific administration of the public security and traffic in this Area according to their respective duties and division of jurisdiction. Article 6 ( Area Supervisory Team ) The Comprehensive Supervisory Team of Shanghai Railway Station Area ( Hereinafter referred to as the Area Supervisory Team ) shall be responsible for the specific routine patrol and inspections in this Area and shall be empowered by the related departments of Zhabei District, to punish any related wrongful act; as to those wrongful acts that are beyond the scope of the punishments, the Area Supervisory Team shall inhibit the wrongful act and transfer the wrongdoer in time to the relevant departments for punishment according to law. Article 7 ( Administration of Public Security and Order) Any unit and individual person entering the Area shall conscientiously maintain the public order and security. Any act that disturbs the public order, jeopardizes the public security and the social administrative order, shall be punished by the public security organs in accordance with the relevant stipulations of the Regulations of the People's Republic of China on Public Security Administration and Imposition of Punishment and the Regulations of Shanghai Municipality on the Patrolling and Inspecting of People's Police. Article 8 (Road Traffic Control) All the vehicles and pedestrians entering the Area shall conscientiously observe the road traffic regulations, maintain the traffic order, and ensure the unimpeded flow of traffic. Any act that violates the provisions on road traffic administration, shall be punished by the public security organ according to the Regulations of the People's Republic of China on the Road Traffic Control and other relevant rules and regulations. Article 9 ( Administration of Road Facilities) All the units and individual persons entering the Area shall conscientiously keep the roads( including the overpasses and underpasses, similarly hereinafter ) and auxiliary facilities in good condition. The Area Supervisory Team shall order the person that does any of the following wrongful acts to rectify his or her wrongful act, and shall, empowered by the municipal engineering administrative department of Zhabei District, punish the wrongdoer according to the provisions of the Regulations of Shanghai Municipality on the Administration of the Urban Roads and Bridges and other relevant rules and regulations: 1. Occupying or digging up the road without authorization; 2. Setting up vendor's stand or stacking up things on a road; 3. Stealing, removing, or damaging the auxiliary facilities of road such as the lid of an inspection well, the street nameplate, or the traffic isolating railings; or 4. Other acts of damaging or encroaching upon the road facilities Article 10 ( Greenery Administration) Any unit or individual person entering the Area shall conscientiously cherish the greenery and protect all greenery facilities. The Area Supervisory Team shall order the person who does any of the following wrongful acts to rectify his or her wrongful act, and shall, empowered by the public parks administrative department of Zhabei District, punish the wrongdoer according to the Regulations of Shanghai Municipality on the Administration of Afforestation and Greenery and relevant rules and regulations: 1. Encroaching upon the greenery land, dismantling or damaging the greenery facilities at will; 2. Stacking up things, digging pits to draw earth, dumping garbage or poisonous and harmful residues or liquid waste besides trees or on greenery land; 3. Picking flowers, snapping, damaging or carving on trees or putting up sheds using trees as pillars without authorization; 4. Treading on greenery land or flower beds; or 5. Other acts damaging the greenery or its facilities. Article 11 ( Administration of City Appearance) Any unit or individual person entering the Area shall conscientiously maintain the beautiful appearance of the city and its environmental harmony. The Area Supervisory Team shall order the person who does any of the following wrongful acts to rectify his or her wrongful act, and shall, empowered by the city appearance administrative department of Zhabei District, punish the wrongdoer in accordance with the provisions of the Regulations on the Administration of City Appearance and Environmental Sanitation and relevant rules and regulations: 1. Posting, smearing or carving and drawing on buildings, structures or other public facilities; 2. Hanging or airing articles; 3. Failing to keep tidy and in good condition the public facilities, such as the exterior walls of buildings or structures, outdoor advertising installations, neon lights, lamp boxes, signboards, bill boards and sunshades; or 4. Other acts impairing the city's appearance. Article 12 ( Administration of Environmental Sanitation) Any unit or individual person entering the Area shall conscientiously maintain the environmental sanitation and keep the environment clean and tidy. The Area Supervisory Team shall order the person who does any of the following wrongful acts to rectify his or her wrongful act, and shall, empowered by the environmental sanitation administrative department of Zhabei District, punish the wrongdoer according to the Regulations of Shanghai Municipality on Environmental Sanitation Administration and relevant rules and regulations: 1. Spitting , relieving the bowls or urinating about, or littering; 2. Dumping at will construction wastes or earth from engineering; 3. Falling off, flying-up, or leaking of the cargo loaded in vehicles or failing to clean up the site after loading and unloading; 4. Failing to fulfill the duty of sweeping and maintaining the cleanness in the obligatory area of environmental sanitation; 5. Dismantling, removing, occupying or damaging the environmental sanitation facilities without authorization; or 6. Other acts damaging the environmental sanitation. Article 13 ( Administration of Environmental Protection) All the units and individual persons entering the Area shall protect conscientiously the environment of the Area and prevent the environment from being polluted. The Area Supervisory Team shall order the person who does any of the following wrongful acts to rectify his or her wrongful act, and shall, empowered by the environmental protection administrative department of Zhabei District, punish the wrongdoer according to the Regulations of Shanghai Municipality on Environmental Protection and relevant rules and regulations: 1. Burning substances that produce poisonous and harmful smoke and dust or foul smells; 2. Producing a great deal of powder and flying dust in the process of construction, transportation and loading and unloading; 3. Producing noises disturbing the surroundings by using equipment and apparatus in the process of constructions, business operations and recreations; or 4. Installing air-conditioner or cooling facilities against relevant regulations and affecting the surrounding environment. Article 14 ( Administration of Construction Planning) Any unit or individual person entering the Area shall observe the planning control and ensure that the related construction project comply with the Area planning. The Area Supervisory Team shall order the person who does any of the following wrongful acts to rectify his or her wrongful act and shall, empowered by the planning administration department of Zhabei District, punish the wrongdoer according to the Regulations of Shanghai Municipality on City Planning and relevant rules and regulations: 1. Constructing buildings or structures without authorization; 2. Installing the outdoor advertising facilities without authorization; 3. Changing the usage of temporary buildings without authorization; or 4. Failing to remove temporary buildings within specified period. Article 15 ( Administration of Construction- with- due- care ) The developing unit and constructing unit of construction projects within the Area shall carry out the construction with due care. They shall put up around the construction site enclosure or fences meeting the uniform criteria, conspicuous indicative boards of construction and warning signs of danger, and take adequate measures to prevent the construction from holding up traffic, and damaging the city appearance and environment. The Area Supervisory Team shall order the person that violates the first paragraph of this Article to rectify his or her wrongful act, and shall, empowered by the construction administrative departments of Zhabei District or by other related departments, punish the wrongdoer according to the Interim Provisions of Shanghai Municipality on the Administration of Carrying out Construction Projects With Due Care and relevant rules and regulations. Article 16 ( Prohibitions Against Certain Activities) The following activities are prohibited within the Area: 1. Setting up vendor's stand and selling articles without license; 2. Illegally reselling blank invoices, train tickets or other coupons at a profit; 3. Introducing board and lodging to or carrying luggage for passengers forcibly; 4. Lying down anywhere or sleeping in the open air; 5. Begging or gleaning and collecting scraps; 6. Seeking employment and applying for a job, or appearing to seek employment and apply for a job; or 7. Recruiting staff from the mobile out-of-towners or engaging oneself in intermediary services for the mobile out-of-towners. The Area Supervisory Team shall order the person whose act violates the stipulations of Section 1 or Section 2 of the Article to rectify his or her wrongful act and shall, empowered by the industrial and commercial administrative department of Zhabei District, punish the wrongdoer according to the Interim Provisions of Shanghai Municipality on Banning Interlopes and Illegal Transaction Markets, and relevant rules and regulations; the Area Supervisory Team shall stop any act violating the stipulations of Section 3 of the Article, and transfer the wrongdoer to the public security organ for handling according to law; the Area Supervisory Team shall stop any act violating the stipulations of Section 4, 5 and 6 of the Article, and transfer the wrongdoer to the public security , or the civil administration organs to be taken in and sent back to his or her home village or town according to the Regulations of Shanghai Municipality on the Administration of Taking in and Sending Back Vagrants" . The Area Supervisory Team shall order the person whose act violates the stipulations of Section 7 of the Article, and shall, empowered by the labor department of Zhabei District, punish the wrongdoer according to the Regulations of Shanghai Municipality on the Administration of Mobile Out-of-towners and relevant rules and regulations. Article 17 (Restrictions on Certain Activities) Anyone engaged in the following activities within the Area shall get the permission from the Area Administrative Committee Office except for those approved by the relevant competent department(s) according to law: 1. Organizing activities such as consultation, exhibition, and publicity; 2. Hanging , posting or distributing publicity materials, or advertisements; 3. Undertaking labors services such as carrying luggage for passengers; 4. Setting up public service facilities such as passenger transport station or cargo transport station; or 5. Other activities affecting the area administration order. Anyone violating the stipulations of the Article shall be prohibited or be ordered to rectify the wrongdoing by the Area Supervisory Team; Those whose wrongdoings are serious shall be transferred to relevant administrative department for handling according to law. Article 18 ( Procedures of Punishment ) The Area Supervisory Team shall issue a written letter of Imposition of administrative punishment to the wrongdoer when it makes the decision of administrative punishment in the name of the empowering administrative department. For collection of a fine or confiscation of money, a receipt of fine and confiscated property exclusively printed by the municipal financial department shall be issued to the punished person. The fine or confiscated money collected shall be turned over to the State Treasury according to the regulations. Article 19 ( Administrative Reconsideration and Litigation ) In case the party concerned is not satisfied with the specific administrative act of the Area Supervisory Team, he or she may apply for an administrative reconsideration or bring an administrative litigation according to the Regulations on Administrative Reconsideration and the Administrative Litigation Law of the People's Republic of China. Article 20 ( Organ for Interpretation of Application) The People's Government of Zhabei District may interpret the specific applications of these Provisions. Article 21 ( Date of Implementation) These Provisions shall become effective on October 1, 1998. |
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