Regulations of Zhuhai Municipality on the administration of outdoor advertising facilities
& nbsp; & nbsp; & nbsp; by the Zhuhai Municipal Sixth People's Congress Standing Committee of the seventh meeting on January 27, 2005 by, 2005 March 30, Guangdong Province Tenth People's Congress Standing Committee 17th meeting approved and released, since June 1, 2005 implementation.
Chapter I General Provisions
Article 1 to strengthen the city outdoor advertising facilities set management, improve the level of urban management, according to the provisions of the "the people's Republic of China advertising law, the city appearance and environmental sanitation management regulations and relevant laws and regulations, combined with the actual city, the enactment of this Ordinance.
Second this Ordinance shall be applicable to the administration of outdoor advertising facilities in the administrative area of this Municipality and the related behavior thereof.
Third outdoor advertising facilities as mentioned in these regulations include:
(a) in road, square, green spaces, water, airports, stations, terminals and other public places or non public space space, building (structure) of buildings and public transport appearance, set to use various forms of commercial outdoor, public service advertising facilities;
(II) enterprises, institutions and individuals industrial and commercial households in the office or place of business of real estate ownership or use within the right setting and registration unit name consistent signs, plaques, signs and other outdoor signs advertising facilities.
Fourth Municipal Urban Management Department is the city's outdoor advertising facilities to set up the administrative department, its main responsibilities are:
(a) the establishment of the planning of the organization of the outdoor business and public interest advertising;
(two) the transfer of the right to the establishment of a public space for outdoor commercial advertising facilities;
(three) the implementation of the licensing and supervision of the implementation of the outdoor advertising facilities.
Industrial, construction, planning, land, public security, environmental protection and other departments in accordance with their respective functions to do a good job in the supervision and management of outdoor advertising.
Fifth the right to set up the right to set up the outdoor advertising facilities according to law, and no unit or individual may illegally infringe.
The second chapter is the outdoor advertising facilities setting standards
Article 6 the installation of outdoor advertising facilities shall comply with the requirement of the urban planning, and urban planning function partition to rational layout, set the standard, beautiful and safe and with the surrounding environment coordination, in accordance with the requirements of the amenity.
Seventh important areas and important sections should be used in the unified planning and design of signs advertising. The people should be set up according to the approved plan.
Important areas and important sections of the city by the municipal administration department in conjunction with the relevant departments to determine.
The eighth one of the following circumstances, not set up the outdoor advertising facilities:
(a) the use of traffic safety facilities, traffic signs;
(two) affecting the normal use of municipal public facilities, traffic safety facilities, fire safety facilities, and traffic signs or impeding the passage of vehicles and pedestrians;
(three) impede the production and operation of others or affect the life of the residents, the impact of the use of the interests of others to the building;
(four) the use of illegal buildings, dangerous houses and other buildings and facilities that may endanger the safety of the building;
(five) the state organs, schools, cultural relics protection units and scenic spots in the building control zone and the Municipal People's government to prohibit the establishment of other areas of outdoor advertising;
(six) or other damage the appearance of the city image building.
Article 9 the outdoor advertising facilities design, production and installation shall comply with the relevant technology, quality and safety standards, not shoddy.
Article 10 the setup and use of outdoor advertising facilities, units and individuals shall strengthen of outdoor advertising facilities daily maintenance and management, to maintain the clean and beautiful outdoor advertising, font specification complete, night lighting facilities and lightens features intact. For the damage, the decolorization, font incomplete, light show incomplete affect townscapes of outdoor advertising should be timely maintenance and renovation, a license to expire not regain setting right should be removed in a timely manner.
Article 11 the setting and outdoor advertising facilities to use the units and individuals should remain strong safety of outdoor advertising facilities, functional integrity, regular safety inspections on the outdoor advertising facilities, assume responsibility for security; endangering the safety should be timely maintenance, updating, reinforcement, typhoon, flood season should be timely to take safety precautions.
Twelfth applications for the establishment of outdoor advertising facilities, the municipal administrative department of urban management should be put forward to set up the application of outdoor advertising facilities, and submit the following materials:
(a) the application form for the outdoor advertising establishment as required;
(two) the business license or other subject qualification of the legal and valid certificate;
(three) the positive elevation of the outdoor advertising facilities and the carrier, the safety structure and the color effect diagram;
(4) the public space setting of outdoor advertising facilities, shall be submitted to the outdoor advertising settings right certificate; use of non public place set up outdoor advertising facilities of, shall be submitted to the outdoor advertising facilities site ownership, the right to use documents, or with issues of ownership, the right to the use of the unit signed use agreement, contract, etc;
(5) using building (structure) buildings set up outdoor advertising facilities, shall be provided by the original design of a unit or design units with appropriate qualifications issued by the building (structure) to build security documents;
(six) other materials provided by the laws and regulations.
City administrative department of urban management shall be the date of acceptance of the application for the establishment of outdoor advertising facilities within twenty days of administrative licensing decision. Twenty days can not make a decision, the approval of the person in charge of the administrative organs, can be extended for ten days, and should be extended for the reasons to inform the applicant.
After the applicant has obtained the right to set up the industrial and commercial administration departments shall apply for the registration of outdoor advertising.
Thirteenth any unit and individual without approval shall not be allowed to set up and operate outdoor advertising.
To report illegal outdoor advertising, to give incentives.
The third chapter is the management of outdoor commercial advertising facilities
Fourteenth outdoor commercial advertising facilities set up and use the principle of compensation for the use of space resources.
Fifteenth public venues of the outdoor commercial advertising facilities to set up the right to sell the public bidding, auction, auction, listing and other means of public transactions.
Article 16 public venues and outdoor commercial advertising facilities set in income and non public venues outdoor commercial advertising facilities space resources use fee shall be turned over to finance and implement the & ldquo; two lines of revenue and expenditure & rdquo; management.
Article 17 the city urban management administrative departments responsible for setting right of the outdoor commercial advertising facilities planning to determine the tender, auction, public bidding, listing business; and buyers who signed the outdoor commercial advertising facilities set in the contract; for outdoor advertising settings certificate of ownership.
Eighteenth where the establishment of the market in accordance with the law, can participate in outdoor commercial advertising facilities to set up the right to sell the right to sell.
In accordance with law, the right to set up the outdoor commercial advertising facilities can be transferred, but must go to the municipal administrative department of urban management to handle the change registration procedures.
Article 19 the transaction after the transaction, outdoor commercial advertising facilities set in the unit should be and the administrative departments in charge of the management of urban city clinch a deal signed contract, and in accordance with the contract provisions of the period and amount of payment of the price and other related expenses.
Article 20 upon approval of non outdoor commercial advertising facilities in a public place, which is arranged in can from the site of the property rights of people to exercise the discretion to or transfer agreement, but should be in accordance with the same area outdoor advertising settings and the right to the use of the average selling price of 30 percent to the municipal government pay space resources to use fee.
Public traffic enterprises the appearance of its own public transport setting outdoor advertising business, by the enterprise to exercise the right of setting and according to the actual transaction price of 30 percent to the municipal government pay space resource use fees, public transportation business enterprise of state-owned and state holding the rights to transfer should take an open tender, auction, public bidding, listing of open transactions.
Article 21 to the open sale transactions, transferred in accordance with the law, use proprietary or agreement with others built (structure) to build etc. way, outdoor commercial advertising facilities set right shall be in accordance with the procedures as prescribed in Article 12 of these Regulations for outdoor advertising facilities set application, after examination and approval after the implementation of the action.
Article 22 the allowed set of outdoor advertising facilities shall be in accordance with the approved sites, media form, specifications, material, location, orientation, set the time etc. the implementation will be allowed to change; change is really necessary, it should be to the administrative departments in charge of the management of urban city, handle the alteration formalities for approval.
To set up the right term, we need to change the content or pattern of the outdoor commercial advertisement, and should be in the industrial and commercial administration departments for the content change procedures.
Article 23 the municipal department in charge of urban management administrative approval of outdoor advertising facilities set right period shall not exceed three years, large advertising facilities set right period agreed otherwise in the public sale.
Article 24 the public space of the outdoor commercial advertising facilities set right after the expiration, still meets the plan of setting up, set right shall be re sold; non public space of the outdoor commercial advertising facilities set right expires still meet the planning settings, set right shall re apply for.
Article 25 the establishment has been approved and issued outdoor commercial advertising must be in the lower right corner marked outdoor commercial advertising facilities set permit, issued by the administrative department for Industry and Commerce of the outdoor advertising registration card number and release name (neon advertising except).
Article 26 for adjustment of the city planning or social and public interests, the need to remove set before the expiry of the term of outdoor advertising facilities, urban management administrative departments by 15 days advance written notice of set, thus to set caused by the direct economic losses, the government should compensation shall be given according to law.
The fourth chapter is the management of outdoor advertising facilities
Article 27 the setting of outdoor advertising facilities, shall be in accordance with the procedures as prescribed in Article 12 of these Regulations for outdoor advertising facilities set up the application, after the examination and approval of the implementation of behavior settings.
Need to change the content or pattern of the outdoor advertising signs, should be to the industrial and commercial administration departments for the content change procedures.
Twenty-eighth outdoor advertising signs, the content is limited to the unit's name, phone, address, business scope, logo.
Twenty-ninth enterprises, public institutions and individual industrial and commercial households in their office or business premises of real estate ownership or the use of the right range can be set up outdoor advertising facilities.
The different directions of the large buildings have other entrances, which can be set at each entrance to the outdoor advertisement.
Multiple units sharing a place or a building with multiple units, set up outdoor advertising signs shall first by the building owner or manager overall planning, and according to the planning and design of production.
Article 30 in the external walls of buildings set up outdoor advertising signs, and the building itself and the height of the adjacent signs advertising, media form, shape, size, color and other should be an appropriate proportion, harmony and unity.
Article 31 units moved or closed down, in the process of change of domicile or the cancellation of registration also should dismantle the original set of outdoor advertising signs, and to the registration organ to surrender the outdoor advertising registration certificates.
Article 32 because of the needs of urban construction demolition of outdoor advertising facilities, by the administrative department in charge of city 15 days advance written notice of settings, set of outdoor advertising facilities set shall voluntarily removed; thus to set caused by the direct economic losses, the government should compensation shall be given according to law.
The fifth chapter is the outdoor public service advertising establishment management
Thirty-third outdoor public service advertising facilities should be set up in accordance with the planning of outdoor public service advertising.
Article 34 for outdoor advertisements shall be in accordance with the procedures as prescribed in Article 12 of these Regulations for outdoor advertising facilities set up the application and after examination and approval, the implementation of and comply with the provisions in Chapter II of the outdoor advertising facilities set standards of other provisions.
Thirty-fifth the right to set up an outdoor public service advertising establishment can be obtained through a protocol or an open transaction.
Sixth chapter legal liability
Article thirty-sixth of the following acts shall be punished by the administrative law enforcement departments of urban management:
(a) not approved allowed to set up outdoor advertising facilities, shall be ordered to dismantle the dead have illegal income, the confiscation of illegal income, and in a 1000 yuan to 2000 yuan fine (less than one square meters of according to a square meters calculated per square metre, the same below);
(two) the expiration of the outdoor advertising facilities, not to continue to obtain the right to set up and not on schedule, and shall be ordered to dismantle, and by one thousand yuan per square meter to two thousand yuan fine;
(3) units moved or closed down, without removing the original set of outdoor advertising facilities, and ordered to dismantle, and by a fine of 1000 yuan to 2000 yuan per square metre.
(IV) set the violation of outdoor advertising facilities, technology, quality, safety standards and the regulations of Article 24, shall be ordered to make corrections within a time limit and impose imposed a fine of more than 3000 yuan to 10000 yuan of the following;
(5) public transportation enterprises hide the actual transaction price, composed of the urban management administrative law enforcement departments recovered space resource use fees and impose to shall be paid in full use of space resources fee of one times the amount of the fine.
With the (a) (2) (3) of the act, overdue demolition, mentioned in Item (4) of the act, and do not make the corrections within the time limit, the administrative law enforcement departments of urban management can be forced to dismantle and cost by illegal parties bear.
Article 37 in violation of this Ordinance the 10, 11, the administrative law enforcement of city management department shall order correction within a prescribed time limit; refuse to correct shall be ordered to dismantle; overdue demolition can compulsory removal, the cost borne by the violator, and impose imposed a fine of more than 200 yuan to 1000 yuan of the following.
Article 38 the allowed set of outdoor advertising facilities shall be since the date of approval from six months of complete set, overdue unfinished and fails to apply for extension or apply for an extension without the approval of, the urban management administrative department shall order it to make corrections within a time limit, do not make the corrections within the time limit, revocation set permissions, according to law, go through the formalities for canceling the license.
Article 39 in violation of the second paragraph of Article 18 of these regulations, the transfer of the legitimate for the installation of outdoor advertising facilities in, do not handle the registration formalities for the alteration of, by administrative department in charge of urban management given undo outdoor advertising facilities set in, confiscated of the illegal gains and impose a fine of more than 1000 yuan in 5000 yuan of the following.
Article 40 the violation of the provisions of Article 25 of the Ordinance, shall be ordered by the administrative department for Industry and commerce to make a correction within the time limit, and according to the seriousness of the case were given or also granted to stop advertising, confiscate the illegal gains, a fine of 500 yuan more than 2000 yuan of the following punishment.
Article twenty-second of the first paragraph of article one thousand of the urban management department shall be fined forty-first yuan to two thousand yuan per square metre.
In violation of the provisions of the second paragraph of this Ordinance twenty-seventh, not to change the registration procedures, by the industrial and commercial administrative departments shall be fined one thousand yuan to two thousand yuan per square meter.
Article 42 in violation of the provisions of Article 30 and Article 32 of this regulation, shall be ordered to make corrections within a time limit or remove; overdue correction or removal of, by the urban management administrative law enforcement departments forced removal cost by the parties bear.
Article 43 the outdoor advertising facilities set relevant administrative personnel dereliction of duty, abuse of power, corruption, does not constitute a crime, by the unit or the superior organ shall be given administrative sanctions; constitute a crime, shall be investigated for criminal responsibility.
Where the forty-fourth party refuses to accept the specific administrative acts made by the relevant administrative departments, the party may apply for administrative reconsideration or bring an administrative lawsuit according to law.
The seventh chapter supplementary provisions
Forty-fifth Municipal People's Government may formulate detailed rules for implementation in accordance with this ordinance.
Technical standards for outdoor advertising facilities shall be formulated by the municipal administrative department in conjunction with the municipal planning and construction administration departments.
Article forty-sixth of these Regulations shall come into effect as of June 1, 2005.
The relevant provisions of this Municipality, which are not consistent with these regulations, shall be implemented in accordance with this Ordinance.