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(Adopted at the 33rd Session of the Standing Committee of the
11th Shanghai Municipal People' s Congress on November 14, 2001. Amended
in
Accordance with the "Decision on the Revision of the 'Regulations of Shanghai
Municipality on the Administration of City Appearance
and Environmental
Sanitation' " Made by the 3rd Session of the Standing Committee of the 12th
Shanghai Municipal People' s Congress
on April 24, 2003)
Chapter I General Provisions
Article 1
With a view to strengthening the administration of city
appearance and environmental sanitation, keeping the city clean, tidy and
fine,
safeguarding the citizens' physical health, and promoting the socialist ethical
and cultural progress, these Regulations
are formulated according to relevant
laws and administrative regulations and with full consideration to the actual
circumstances
of this Municipality.
Article 2
These Regulations apply to
urbanized areas of this Municipality, including the city proper, new cities,
central towns and independent
industrial areas, and economic development
zones.
Article 3
The city appearance and environmental sanitation work of
this Municipality follows the principles of combining centralized leadership,
multilevel administration, public participation and social
supervision.
Article 4
The municipal city appearance and environmental
sanitation administrative department is the competent authority of Shanghai' s
city
appearance and environmental sanitation work, responsible for organizing
the implementation of these Regulations.
The district/county administrative
departments of city appearance and environmental sanitation are, under the
leadership of corresponding
people' s government, responsible for the
administration of the city appearance and environmental sanitation within their
respective
jurisdictions.
Sub-district offices and town people' s governments
are responsible for the administration of the city appearance and environmental
sanitation within their respective jurisdictions.
The municipal, and
district/county organizations with responsibility for city appearance and
environmental sanitation supervision
(hereinafter referred to as the city
appearance and environmental sanitation supervision organizations or CAESSO)
shall, according
to the authorization of these Regulations and other relevant
laws, impose administrative punishment on violations of the city appearance
and
environmental sanitation administration provisions.
The other relevant
administrative departments of this Municipality shall, according to their
respective functions and duties, coordinate
in implementing these
Regulations.
Article 5
The municipal, and district/county people' s
governments shall incorporate the city appearance and environmental sanitation
undertakings
in the national economy and social development plan, perfect the
city appearance and environmental sanitation facilities, provide
public services
of city appearance and environmental sanitation, and provide the funds needed
for construction of city appearance
and environmental sanitation
undertakings.
Article 6
The municipal administrative department of city
appearance and environmental sanitation shall, according to the needs of
Shanghai'
s city appearance and environmental sanitation undertakings
development, organize the preparation of the specialized planning of
the city
appearance and environmental sanitation, which shall be brought to the city' s
overall planning after the municipal planning
administration makes a
comprehensive balance.
Article 7
This Municipality encourages and
supports the scientific and technical research of city appearance and
environmental sanitation
and the popularization and application of advanced
technologies to raise the level of city appearance and environmental
sanitation.
Article 8
All units and individual persons have the right to
enjoy good city appearance and environmental sanitation and the duty to maintain
the city appearance and environmental sanitation.
Article 9
The
municipal, and district/county administrative departments of city appearance and
environmental sanitation and administrative
departments of culture, radio,
television and film, press and publication, education and health, and operation
and management units
of public places such as airports, stations, wharves and
tourist spots, shall strengthen the publicity education of city appearance
and
environmental sanitation to enhance the citizens' awareness of maintaining good
city appearance and environmental sanitation.
This Municipality' s radio,
television, press and outdoor advertisements shall have public-interest
publicity contents of city appearance
and environmental sanitation.
Chapter II System of Responsibility Zones of City Appearance and
Environmental Sanitation
Article 10
This Municipality adopts the system of responsibility zones of
city appearance and environmental sanitation. Units and individual
persons
concerned shall, according to the provisions of these Regulations, do a good job
of maintaining city appearance and environmental
sanitation within their
respective responsibility zones.
Article 11
The scope of a city
appearance and environmental sanitation responsibility zone refers to buildings,
structures or other facilities,
places and the area within a certain range that
are owned, used or managed by relevant units and individual persons.
The
specific scope of city appearance and environmental sanitation responsibility
zone shall be divided and determined by the municipal
or district/county
administrative departments of city appearance and environmental sanitation
according to the standard published
by the municipal administrative department
of city appearance and environmental sanitation.
Article 12
Persons-in-charge of the city appearance and environmental sanitation
responsibility zones shall be determined according to the following
provisions:
(1) Residential areas under property management shall be in the
charge of the property management enterprise; the residential areas
that are not
under property management shall be in the charge of neighborhood committee;
(2) Waters and sluices along rivers shall be in the charge of the using or
administering units of the bank lines and sluices;
(3) Subways, light
railways, tunnels, elevated highways, highways and railways shall be in the
charge of the operating and managing
units;
(4) Public places such as
cultural, sports, entertainment and sightseeing sites, parks, public greenery
lands, airports, stations
and wharves shall be in the charge of the operating
and managing units;
(5) Fairs, trade markets, exhibition sales sites,
bazaars, restaurants shall be in the charge of the operating and managing
units;
(6) Peripheral areas of organs, mass organizations, schools, troops,
enterprises, and institutions shall be in the charge of units
concerned;
(7)
Construction sites shall be in the charge of the construction units, and land
plots to be constructed in the charge of proprietors;
(8) The public sections
in bonded zones, science areas, independent industrial zones and economic
development zones shall be in
the charge of the administering units.
The
persons in charge of areas with unclear responsibility according to the
preceding clause shall be determined by the city appearance
and environmental
sanitation administrative department of the local district /county.
In the
mix of urban and rural areas or on the border areas of administrative
jurisdictions where the responsibility is unclear and
where there are disputes
about the determination of persons-in-charge, the municipal administrative
department of city appearance
and environmental sanitation will make the
determination.
Article 13
The responsibility requirements of city
appearance and environmental sanitation responsibility zones are:
(1) Keep
the city appearance clean and tidy, without any unauthorized stalls, additions,
posters, graffiti or scribbles and hangings
and heaps;
(2) Keep environment
sanitation clean and tidy, without exposed garbage, excrement and sewage,
without smudge, dregs and breeding
grounds of mosquitoes and flies;
(3) Set
up environmental sanitation facilities as required and keep such facilities
clean, tidy, complete and in good condition.
The persons-in-charge of city
appearance and environmental sanitation have the right to stop any violation of
the city appearance
and environmental sanitation management rules in
responsibility zones, and have the right to request the municipal or
district/county
administrative department of city appearance and environmental
sanitation and the CAESSO to mete out treatment.
The persons with
responsibility for city appearance and environmental sanitation failing to
perform their duties will be ordered
to correct by the CAESSO; those who refuse
to correct will be given warnings and may be fined between not less than 50 yuan
and
not more than 500 yuan, or the chief persons directly responsible will be
dealt with by their superior authorities at the request
of the
CAESSO.
Article 14
The municipal or district/county administrative
department of city appearance and environmental sanitation will notify in
writing
the persons with responsibility for the specific scope and the duties
arising under the city appearance and environmental sanitation
responsibility
zones.
Article 15
The city appearance and environmental sanitation in
urban public areas such as urban roads, bridges, underground passages, public
squares and public waters shall be in the charge of the municipal or
district/county administrative department of city appearance
and environmental
sanitation; the city appearance and environmental sanitation in streets, lanes
and neighborhoods shall be in
the charge of sub-district offices or town
people' s governments; the city appearance and environmental sanitation of public
toilets,
garbage transfer stations and other environmental sanitation facilities
shall be in the charge of the city appearance and environmental
sanitation
administrative departments or the units entrusted by such administrative
departments.
Article 16
The city appearance and environmental sanitation
administrative departments shall strengthen the supervision of the city
appearance
and environmental sanitation in the responsibility zones and
regularly organize the inspection.
Chapter III Administration of City Appearance
Article 17
The municipal administrative department of city appearance and
environmental sanitation shall, along with relevant departments, according
to
the State' s urban appearance standards, and in line with this Municipality' s
actual circumstances, draw up this Municipality'
s urban appearance standard,
submit it to the municipal people' s government and, after approval, publish it
for implementation.
This Municipality' s urban appearance standard shall
include requirements for building landscape, public facilities, environmental
sanitation, public parks and greening, advertisements and signs, and public
places.
Article 18
Buildings, structures and other facilities shall be
kept clean, tidy, complete, beautiful and in harmony with the
surroundings.
The owners, users, and managers of the buildings, structures
and other facilities along both sides of this Municipality' s main roads
and in
landscaping areas shall, according to the municipal people' s government
stipulations, regularly clean or whitewash the
outer walls of buildings,
structures and other facilities. Any violator of the provision will be ordered
to correct by the city
appearance and environmental sanitation administrative
department. In case of refusal, the cleaning or whitewashing will be done
on the
behalf of the violator and the cost shall be borne by the violator.
Article
19
The buildings, structures and other facilities along both sides of the
Municipality' s main roads and in the landscaping areas shall
set up facilities
of landscaping lights according to the requirements of landscaping lights
planning and relevant provisions of
the municipal people' s government.
The
owners, users and managers of landscaping lights facilities shall keep such
facilities in good condition and switch on the landscaping
lights facilities
according to the time stipulated by the city appearance and environmental
sanitation administrative department.
Any violator of the provision shall be
ordered to correct by the city appearance and environmental sanitation
administrative department.
Refusal to correct shall be subject to a fine of
between not less than 300 yuan and not more than 3,000 yuan.
Article 20
Outdoor advertisements and non-advertising neons, slogans, signboards,
placards, electronic displays, light-boxes, galleries, plastic
objects and other
outdoor facilities (hereinafter referred to as outdoor facilities) shall be set
up according to the approved
requirements and in line with the urban appearance
standard. Any persons setting up outdoor facilities in violation of the
provision
influencing the city appearance will be ordered to make reconstruction
or demolition within a time limit by the city appearance
and environmental
sanitation administrative department and other relevant administrative
department. Such facilities, if not rebuilt
or demolished before the deadline,
may be demolished forcedly and fines of between not less than 3,000 yuan and not
more than 30,000
yuan may be cumulatively imposed on outdoor advertisements, and
fines of between not less than 500 yuan and not more than 5,000
yuan on other
outdoor facilities.
The units that set up outdoor facilities shall be
responsible for the daily maintenance of facilities and timely renovation of the
incomplete, dirty, corroded or obsolete patterns, wording and light display, if
any. Violators of the provision will be ordered
to correct within a time limit
by the city appearance and environmental sanitation administrative department.
Refusal to correct
shall be subject to a fine of between not less than 50 yuan
and not more than 500 yuan.
The units that set up outdoor facilities shall
strengthen daily management, and timely repair or demolish any facilities with
hidden
perils or without any value of use; during the period of spring tide,
typhoon or rainstorm, they shall strengthen the safety check
on outdoor
facilities. The city appearance and environmental sanitation administrative
department shall order the setting units
to renovate or demolish within a time
limit the outdoor facilities with hidden perils or without any value of use.
Those not demolished
before the deadline may be demolished forcedly by the city
appearance and environmental sanitation administrative department.
Article 21
Newly-completed buildings along both sides of this Municipality' s roads
shall have enclosures, railings, green fences, flower beds
or lawns that offer
whole or partial views as required by the planning on the street-side as the
boundary. Violators of the provision
will be ordered by the city appearance and
environmental sanitation administrative department to reconstruct or remove
within a
time limit.
The existing street-side enclosures of buildings along
both sides of this Municipality' s roads that do not meet the requirements
of the
preceding clause shall be rebuilt according to the planning or relevant
provisions.
The inside and outside environment of enclosures that offer a
whole view shall be kept clean, tidy and beautiful.
Article 22
The
buildings along both sides of this Municipality' s main roads, if having their
enclosing compound walls removed to make way
for shops or having their
storefronts decorated or renovated, shall conform to the urban appearance
standard.
Article 23
No unit or individual person is allowed to put up
temporary buildings, structures or other facilities that affect city appearance
and environmental sanitation along both sides of roads or in other public
places.
Those who put up temporary buildings, structures or other facilities
due to special needs of construction and with approval shall
keep the
surrounding city appearance and environmental sanitation clean and tidy.
Violators of the provision shall be ordered to
correct within a time limit by
the CAESSO and may be fined between not less than 50 yuan and not more than 500
yuan.
Article 24
It is not permitted to carve or scribble on trees,
buildings, structures or other facilities.
No unit or individual person shall
post publicity materials or slogans on trees, buildings, structures or other
facilities. Fragmentary
posters shall be posted in the fixed public
billboard.
Parties who wish to temporarily post and hang publicity materials
or slogans on trees, buildings, structures or other facilities
due to special
cases shall obtain approval from the city appearance and environmental
sanitation administrative department or other
relevant department and shall do
such things within the prescribed time and scope, and timely remove them at the
expiration.
Violators of the provision shall be ordered by the city
appearance and environmental sanitation administrative department or the
CAESSO
to remove such things within a time limit. In case of refusal, such things shall
be removed on the violators' behalf and
the cost shall be borne by the violators,
and a fine of between not less than 50 yuan and not more than 500 yuan shall be
imposed.
Article 25
No unit or individual person shall occupy roads,
bridges, pedestrian overpass, underpass and other public places for the purpose
of pitching stalls, doing business and hawking goods, which affects the city
appearance and environmental sanitation. Violators
of the provision shall be
ordered to correct by the CAESSO, and may be fined between not less than 50 yuan
and not more than 500
yuan. The CAESSO may temporarily seize the goods the party
concerned hawks and the implements in relation to illegal acts, and request
the
party concerned to be handled at the designated spot.
Those who are approved
to temporarily occupy roads and other public places to pile goods or pitch
stalls to do business shall keep
the surrounding city appearance and
environmental sanitation clean and tidy. Violators of the provision shall be
ordered to correct
by the CAESSO and may be fined between not less than 50 yuan
and not more than 500 yuan.
The persons doing business in the buildings or
structures along both sides of this Municipality' s roads or around squares shall
not pitch stalls and carry out business activities out of doors, windows and
exposed walls. Violators of the provision shall be
ordered to correct by the
CAESSO and may be fined between not less than 50 yuan and not more than 500
yuan.
Article 26
It is forbidden to hang or sun articles on trees, guard
rails, street nameplates, electric poles and other facilities. Violators
of the
provision shall be ordered to correct by the CAESSO. In case of refusal, an
individual person may be fined 20 yuan and a
unit may be fined between not less
than 20 yuan and not more than 200 yuan.
Balconies, doors, windows and roofs
of street-side buildings along both sides of main roads and in landscaping areas
shall be kept
clean, tidy and beautiful, and no articles that affect the city
appearance shall be hung, sunned or piled out of balconies and windows
and on
roofs.
Outer sets of air-conditioners and canopies installed on outer walls
of street-side buildings shall be kept safe, clean and in a
good
state.
Article 27
Motor vehicles and vessels travelling in this
Municipality shall have clean and tidy appearance. The advertisements or
publicity
materials posted or set up on vehicles and vessels shall be kept
clean, tidy and in good condition. The obsolete, dirty and damaged
advertisements or publicity materials shall be cleaned, restored and replaced in
time. Violators of the provision shall be ordered
to correct by the CAESSO, and
may be fined between not less than 20 yuan and not more than 200
yuan.
Vehicles and vessels carrying sand, mud, garbage, excrement and dregs
shall take sealing or covering measures, with no leakage, spillage
or flying-up
allowed. Violator of the provision shall be ordered to immediately make clearage
by the public security traffic administrative
department or the CAESSO. In case
of refusal, clearage will be done by others on behalf of the violator, and the
cost shall be
borne by the violator and a fine of between not less than 300 yuan
and not more than 3,000 yuan imposed cumulatively.
Chapter IV Administration of Environmental Sanitation
Article 28
The following acts that affect environmental sanitation are prohibited:
(1) Spitting, urinating or defecating anywhere;
(2) Throwing anywhere
peels, scraps of paper, cigarette ends, pop cans, gums and litter;
(3)
Littering depleted batteries and other special discards that are to be collected
separately;
(4) Dumping garbage, sewage and excrement and throwing
animals' bodies and other wastes anywhere;
(5) Burning leaves, garbage or
other litter in open places and rubbish-collecting containers;
(6) Occupying
roads or squares to conduct car-washing business activities;
(7) Other acts
detrimental to environmental sanitation.
Violators of the provisions of the
preceding clause shall be ordered to correct by the CAESSO, and violators of the
provision of
the preceding clause, item (1) shall be subject to fines of not
more than 200 yuan; violators of the provisions of the preceding
clause, items
(2) and (3) shall be subject to fines of not more than 100 yuan; for violation
of the provisions of the preceding
clause, items (4) and (5), an individual
person shall be fined not more than 200 yuan, and a unit shall be fined between
not less
than 300 yuan and not more than 3000 yuan, and for random dumping of
garbage during its loading and transporting, the means of transportation
may be
temporarily seized, and the violators are requested to be handled at the
designated spot, and then have their means of transportation
returned; and
violators of the provision of the preceding clause, item (6) shall be fined
between not less than 300 yuan and not
more than 3000 yuan.
Article 29
All kinds of wharves and vessels shall be equipped with garbage and
excrement collecting containers in line with the amount of collection
or
production and up to the set standard. Such containers shall be kept in normal
use.
Those who conduct loading and unloading on wharves and vessels or
navigate on water shall take measures to prevent goods or garbage
and excrement
from polluting waters.
Those who retrieve floaters on water and collect
garbage and excrement from vessels shall clear away wastes in time to prevent
any
pollution to waters.
The management of vessel' s ballast water,
hold-washing water, hold-bottom water and daily sewage shall follow the
provisions of
relevant laws, administrative regulations and this Municipality' s
provisions.
Violators of the provisions of clauses 1, 2 and 3 under this
article will be ordered to correct by the municipal appearance and environmental
sanitation administrative department and be fined between not less than 300 yuan
and not more than 3,000 yuan.
Article 30
Residents shall conscientiously
keep their residential quarters clean and tidy, dumping domestic garbage in
garbage cans (drums)
and excrement in excrement-collecting stations, and shall
not pile up garbage, odds and ends on roofs and public places. Refuse
generated
from residents' home decoration shall be piled at the spots designated by the
property management company or the neighborhood
committee, and the residents
shall bear the cost of clear-away.
Article 31
The managing units of fairs
and trade markets shall keep the market and surroundings clean and tidy, set up
garbage collecting containers
according to daily output of garbage and clear
away the daily garbage every day. Violators of the provision will be ordered to
correct by the CAESSO. Refusal to correct shall be subject to a fine of between
not less than 300 yuan and not more than 3,000 yuan.
Vendors in fairs and
trade markets shall have garbage-collecting containers of their own and keep
stalls and surroundings of business
sites clean and tidy.
Article 32
The
urban public greenery land shall be kept clean, tidy and beautiful. The
conservation units shall remove in time any garbage,
odds and ends in the
greenery land. The operating units shall remove in time the branches and earth
produced in cultivating and
pruning trees and flowers along both sides of roads.
Violators of the provision shall be ordered to correct by the CAESSO and may
be
fined between not less than 100 yuan and not more than 1000 yuan.
Article 33
Construction units shall erect closed hoarding, temporary toilets and daily
garbage collecting containers as required in construction
sites and keep them
clean, tidy and in good condition.
Construction units shall not arbitrarily
pile building refuse, construction dregs and building materials outside the
hoarding of
construction sites, or discharge sewage or spill dust out of
construction sites. All types of refuse produced in construction shall
be piled
in fixed spots and be cleared away in time.
After completion of construction
projects, construction units shall level construction sites in time, remove
building refuse, construction
dregs and other wastes and discards, and demolish
temporary facilities for construction.
Violators of the provisions under this
article shall be ordered to correct by the city appearance and environmental
sanitation administrative
department or the CAESSO. Those who fail to set up
temporary toilets and daily garbage collecting containers as required or who
discharge sewage and spill dust out of construction sites shall be fined between
not less than 300 yuan and not more than 3,000
yuan; parties who fail to set up
closed hoarding as required or who arbitrarily pile building refuse,
construction dregs and building
materials outside the hoarding of the
construction sites shall be fined between not less than 3,000 yuan and not more
than 30,000
yuan. If building refuse, construction dregs and other wastes are
not removed or temporary construction facilities not demolished
in time, the
removal or demolition shall be done on behalf of the violator and the cost shall
be borne by the violator, and a fine
of between not less than 3,000 yuan and not
more than 30,000 yuan shall be imposed cumulatively.
Article 34
Parties
engaged in car washing and repair, retrieving scraps and taking in discards
shall keep the surroundings of business sites
sanitary, clean and tidy, taking
measures to prevent sewage and discards from flowing and spilling outward.
Violators of the provision
shall be ordered to correct by the CAESSO. Those
engaged in car washing and repair and retrieving scraps shall be fined between
not less than 100 yuan and not more than 1,000 yuan; those engaged in taking in
discards shall be fined between not less than 300
yuan and not more than 3,000
yuan.
Article 35
Parties who occupy roads and other public places with
approval to hold festive, cultural and sports activities shall keep the
surrounding
environment sanitary, clean and tidy, and remove in time any
facilities temporarily set up and any discards produced. Violators
of the
provision will be ordered to correct by the CAESSO and be fined between not less
than 300 yuan and not more than 3,000 yuan.
Article 36
No resident shall
raise any poultry and livestock such as chickens, ducks, geese, rabbits and
edible pigeons. Violators of the provision
shall be ordered by the CAESSO to
dispose of such poultry and livestock within a time limit, or have them
confiscated. In case
of refusal, a fine of 50 yuan for each item of such poultry
or livestock may be imposed.
Residents raising home-pigeons shall conform to
relevant provisions of the sports administrative department, have appropriate
conditions
and take measures to avoid affecting surrounding city appearance and
environmental sanitation. Residents raising home-pigeons and
affecting the city
appearance and environmental sanitation shall be ordered to correct by the
person with responsibility for the
city appearance and environmental sanitation
responsibility zone. Any person who refuses to correct shall be given warnings
by
the CAESSO and be fined between not less than 50 yuan and not more than 500
yuan. Any person who causes heavy pollution to environment
and bitter complaints
from surrounding residents may be ordered to demolish the pigeon
house.
Residents raising pets shall not affect environmental sanitation and
shall immediately clear away droppings the pets excrete on roads
and in other
public places. Violators of the provision shall be ordered to correct by the
CAESSO. Any person who refuses to correct
shall be fined between not less than
20 yuan and not more than 200 yuan.
Chapter V Waste Administration
Article 37
This Municipality disposes of wastes according to the
resource-oriented and non-nuisance principle, encourages the recycling of wastes
and takes measures to reduce the production of wastes step by step.
Article
38
Domestic garbage produced by residents and excrement not connected to the
sewage treatment system shall be collected and transported
uniformly by the
municipal or district/county administrative department of city appearance and
environmental sanitation.
Units shall be responsible for collecting and
transporting wastes they produce, or entrust the city appearance and
environmental
sanitation operation service units to make the collection and
transportation.
The municipal administrative department of city appearance
and environmental sanitation shall arrange the treatment of wastes in
a unified
way.
Article 39
Those who themselves collect and transport the wastes
listed below shall declare the amount of wastes and the treatment plan to the
city appearance and environmental sanitation administrative department:
(1)
Domestic garbage produced by units and excrement not connected to the sewage
treatment system;
(2) Vessels' daily garbage, hold-sweeping garbage and
excrement.
Violators of the provision under the preceding clause shall be
ordered to correct within a time limit by the city appearance and
environmental
sanitation administrative department. Those who fail to declare before the
deadline shall be fined between not less
than 100 yuan and not more than 1,000
yuan.
Article 40
This Municipality practices classified placing,
collection, transportation and disposal of domestic garbage step by step. The
standards
and methods of classified placing and collection shall be drawn up and
published by the municipal administrative department of city
appearance and
environmental sanitation. The city appearance and environmental sanitation
administrative departments shall publicize
and guide the classified placing of
domestic garbage.
Residents of units and areas where classified placing of
domestic garbage is practiced shall place domestic garbage according to
the
prescribed classification. Units violating the provision of the classified
placing of domestic garbage shall be ordered to
correct by the CAESSO; those who
refuse to correct shall be fined between not less than 100 yuan and not more
than 1,000 yuan.
Large pieces of domestic garbage produced by residents shall
be put on the designated spots at the settled time as required, and
relevant
operating units shall collect them at the regular time.
Article 41
Domestic garbage shall be treated by the rubbish treatment ground (plant) or
facilities set up with approval. The treatment of domestic
garbage shall follow
the standard of urban environment sanitation quality and other relevant
standards.
Article 42
Units and catering industry operators themselves
shall separately collect and treat kitchen garbage they produce according to
relevant
stipulations or entrust relevant operating units to do the collection
and treatment. They shall not discharge such garbage into
sewers. Violators of
the provision shall be ordered to correct by the CAESSO, and be fined between
not less than 300 yuan and not
more than 3,000 yuan.
Special discards such as
plastic wastes and depleted batteries shall be separately collected and
treated.
The municipal people' s government may draw up stipulations on the
obligation of recovering and treating corresponding wastes the
producers and
sellers of plastic products and batteries shall bear.
Article 43
The
property management enterprise or neighborhood committee shall timely entrust
the city appearance and environmental sanitation
operation service units to
remove the refuse produced by residents' home decoration to the designated place
for treatment. Parties
who violate the provision failing to remove such rubbish
to the designated place shall be ordered to correct by the CAESSO, and
may be
fined 200 yuan for each ton of such garbage. The CAESSO may temporarily seize
the violator' s means of transportation and
request the violator to be handled at
the designated spot. The means of transportation will be returned after
handling.
Article 44
No unit or individual person shall arbitrarily dump,
pile or dispose of building refuse, construction dregs and mud. Violators of
the
provision will be ordered to make their immediate removal by the CAESSO, and may
be fined 200 yuan for each ton of such refuse.
Units that produce building
refuse, construction dregs and mud shall declare the output and disposal plan to
the city appearance
and environmental sanitation administrative department to
obtain a disposal certificate.
No transport unit or person shall haul
building refuse, construction dregs and mud without a disposal certificate.
Parties transporting
building refuse, construction dregs and mud shall carry the
disposal certificate with vehicle and vessel and travel according to
the
authorized route and time. Those who violate the provision hauling building
refuse, construction dregs and mud without a disposal
certificate shall be
ordered to correct by the CAESSO, and be fined 200 yuan for each load of vehicle
and 500 yuan for each load
of vessel; those who fail to carry disposal
certificates with the vehicle or vessel will be fined 50 yuan for each
certificate.
Building refuse, construction dregs and mud shall be piled and
treated on the prescribed collection sites; building or construction
units who
arrange disposal by themselves shall submit to the municipal or district/county
administrative department of city appearance
and environmental sanitation the
proof issued by the collection site administering unit. Those who fail to pile
and treat such
refuse on the prescribed collection sites will be ordered to
immediately make the clear-away by the CAESSO, and may be fined 200
yuan for
each ton of such refuse.
For violation of the provision, the party concerned
may have the means of transportation temporarily seized by the CAESSO and shall
be requested to accept handling on the designated spot, and shall have the means
of transportation returned after handling.
Article 45
Industrial refuse,
medical health refuse and other toxic and hazardous refuse shall be separately
collected, removed and disposed
of according to relevant provisions, and shall
not be mixed with domestic garbage. Violators of the provision shall be ordered
to correct by the CAESSO, and be fined between not less than 500 yuan and not
more than 5,000 yuan.
Article 46
The city appearance and environmental
sanitation administrative department shall, in the principle of offering
convenience to residents,
stipulate the time, place and way to throw and dump
domestic garbage and excrement.
Septic tanks and excrement pits shall be
regularly dredged. In case of overflowing excrement, the district/county
administrative
department of city appearance and environmental sanitation shall
first organize relevant department to make timely clear-away and
dredging and
then distinguish the liability, and the person liable shall bear the cost for
the removal and dredging.
Chapter VI Administration of Operation
Services
Article 47
This Municipality encourages units and individual persons to
launch city appearance and environmental sanitation operation service
enterprises, and gradually practices the market orientation of the city
appearance and environmental sanitation operation services.
Article 48
For the following items of city appearance and environmental sanitation
operation services, the operation service enterprises shall
be determined by
relevant administrative departments or units through bidding:
(1) Sweeping
and cleaning roads and other public places;
(2) Collecting and transporting
residents' domestic garbage and excrement not connected to the sewage treatment
system;
(3) Items paid for by fiscal funds.
Operation service enterprises
shall not sub-contract the operation service they take on. Violators of the
provision may have their
contracts terminated by the contracting-out department
or unit.
Article 49
Those engaged in city appearance and environmental
sanitation operation services shall follow the city appearance and environmental
sanitation operation service standard, reach the urban appearance standard and
urban environmental sanitation quality standard
and strive for civilization,
cleanness, sanitation and timeliness. Violators of the provision shall be
ordered to correct by the
CAESSO, and be fined between not less than 300 yuan
and not more than 3,000 yuan.
Sweeping and cleaning up roads and public
places shall be done in the settled time, reducing impact on road traffic and
citizens'
rest and reducing pollution to environment. Garbage shall be removed in
time.
The municipal administrative department of city appearance and
environmental sanitation shall draw up the city appearance and environmental
sanitation operation service standards.
Article 50
The municipal and
district/county administrative departments of city appearance and environmental
sanitation shall, according to
the division of functions and duties, supervise
and inspect the city appearance and environmental sanitation operation service
quality.
Chapter VII Administration of Environmental Sanitation Facilities
Article 51
The municipal administrative department of city appearance and
environmental sanitation shall, according to this Municipality' s
specialized
planning of city appearance and environmental sanitation and the standard for
establishing environmental sanitation
facilities, prepare the special planning
and implementing plan for construction of garbage transfer stations, refuse and
excrement
treatment plants (grounds), public toilets and other environmental
sanitation facilities and organize the implementation.
Article 52
In
making planning programs of the regional comprehensive development and
construction such as development of new districts and
renovation of old
districts, the establishment of environmental sanitation facilities shall be
included and the proposals of city
appearance and environmental sanitation
administrative departments solicited.
Those engaged in regional comprehensive
development and construction shall, according to the stipulations and standards
of setting
up environmental sanitation facilities, build auxiliary environmental
sanitation facilities. Violators of the provision shall be
ordered to correct
within a time limit by the city appearance and environmental sanitation
administrative department. Those who
refuse to correct shall be fined between
not less than 3,000 yuan and not more than 30,000 yuan.
Article 53
This
Municipality' s transport hubs such as airports, stations and wharves and
large-scale markets, cultural and sports facilities,
tourist spots and other
places with crowds of people coming and going shall have necessary public
toilets and other environmental
sanitation facilities built and have garbage
collecting containers set up according to the stipulations and standards of
setting
up environmental sanitation facilities. Violation of the provision shall
be ordered to correct within a time limit by the city appearance
and
environmental sanitation administrative department. Failure to set up garbage
collecting containers according to stipulation
and standard shall be subject to
a fine between not less than 50 yuan and not more than 500 yuan; Failure to
build necessary public
toilets and other environmental sanitation facilities
shall be subject to a fine between not less than 3,000 yuan and not more than
30,000 yuan.
Article 54
The indispensable public toilets and other
environmental sanitation facilities shall be designed, constructed and put into
use simultaneously
with the main project and the proposal of the city appearance
and environmental sanitation administrative department shall be solicited
for
the design plan.
The indispensable public toilets and other environmental
sanitation facilities shall pass the check and acceptance test before being
put
into use. The city appearance and environmental sanitation administrative
department shall participate in the check and acceptance
test. If environmental
sanitation facilities do not undergo the check and acceptance test or are put
into use though failing the
check and acceptance test, the city appearance and
environmental sanitation administrative department shall order the party
concerned
to correct within a time limit.
Article 55
The administering
and using units of environmental sanitation facilities shall do a good job of
repair and maintenance of such facilities,
keeping them clean, tidy and in good
condition.
Public toilets shall open to the general public, have conspicuous
signs and are kept clean by specially appointed persons.
Citizens using
public toilets shall conscientiously maintain the cleanness and sanitation of,
and care for the equipment of public
toilets.
Article 56
No unit or
individual person shall occupy or damage environmental sanitation
facilities.
No unit or individual person shall arbitrarily demolish, remove,
convert or close environmental sanitation facilities. If environmental
sanitation facilities need to be demolished, removed, converted or closed for
special reasons such as construction, the building
unit or other relevant unit
shall report to the municipal or district/county administrative department of
city appearance and environmental
sanitation for approval. A plan for rebuilding
the demolished or closed environmental sanitation facilities shall be put
forward
as well.
Land determined by the planning for use of environmental
sanitation facilities shall not be diverted for other purpose.
Violators of
the provisions of clauses 1 and 2 shall be ordered by the city appearance and
environmental sanitation administrative
department to make restoration or take
other make-up measures, and may be fined between not less than 3,000 yuan and
not more than
30,000 yuan. In case of any damage, the violator shall bear
compensation liability.
Chapter VIII Supplementary Provisions
Article 57
The municipal, district/county administrative departments of
city appearance and environmental sanitation and the CAESSO shall establish
the
system of handling complaints over city appearance and environmental
sanitation.
Any units and individual persons have the right to lodge
complaints over any phenomenon detrimental to the city appearance and
environmental
sanitation to the municipal or district/county administrative
department of city appearance and environmental sanitation.
The municipal or
district/county administrative department of city appearance and environmental
sanitation and the CAESSO shall,
within five days from accepting complaints,
give the handling proposal in reply to the complaints.
Article 58
The
city appearance and environmental sanitation administrative departments, the
CAESSO and other relevant administrative departments
and their staff shall
perform their supervision and administrative functions and duties according to
law, enforce the law in a
civilized way, accept units' and individual
persons' application matters and complaints over acts detrimental to the city
appearance
and environmental sanitation according to law and investigate and
handle any illegal acts according to law.
As for illegal approval of
applications or failure to accept the matters and complaints that should be
accepted or failure to curb
and probe the acts that should be curbed and probed
resulting in severe damage to citizens, legal persons or other organizations
and
public interests or abuse of powers and malpractice for selfish ends, the chief
persons directly responsible and other persons
liable shall be given
administrative punishment according to law by their work units or superior
authorities. Any person whose
act constitutes a crime shall be prosecuted for
criminal liability according to law.
Article 59
Any person who verbally
or physically attacks the staff of city appearance and environmental sanitation
or refuses and obstructs
the staff in performing their duties, violating
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; any person whose act constitutes a crime shall
be
prosecuted for criminal liability.
Article 60
The party concerned who
disagrees with the specific administrative act of the city appearance and
environmental sanitation administrative
department and other administrative
department or the CAESSO may, according to the provisions of the "Law of the
People' s Republic
of China on Administrative Reconsideration" or
the "Administrative Litigation Law of the People' s Republic of China" , apply for
administrative reconsideration or bring an administrative lawsuit.
If the
party concerned does not apply for reconsideration of the specific
administrative act, nor brings an administrative lawsuit,
nor performs the
administrative act before the deadline, the administrative department or the
CAESSO that made the specific administrative
act may apply to the people' s court
for enforcement or make enforcement according to law.
Article 61
The city
proper under Article 2 of these Regulations means the areas inside the city' s
Outer Ring Road. New cities mean the towns
where the district/county people' s
governments are located and the medium-scale cities that are formed on the
strength of development
of major industries and major urban infrastructure. The
central towns mean the small cities developed on the strength of industries
from
the organic towns with conditions of advantageous location and good economic
development and with comparatively large scale.
Article 62
For the
administration of city appearance and environmental sanitation in areas other
than this Municipality' s urbanized areas,
the municipal people' s government
shall formulate separate administrative procedures using these Regulations as
reference.
Article 63
These Regulations shall become effective on April
1, 2002. The "Regulations of Shanghai Municipality on Administration of
Environmental
Sanitation" adopted on December 22, 1988 at the Fifth Session of
the Standing Committee of the Ninth Shanghai Municipal People'
s Congress shall
be repealed at the same time.
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