Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation(Revised in 2009)(from government website)

Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation(Revised in 2009)

Announcement of the Standing Committee of the Shanghai Municipal People's Congress No.10

February 24, 2009

Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation adopted at the 9th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on February 24, 2009, is hereby promulgated and shall come into force as of May1,2009.

(Adopted at the 33rd Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on November 14, 2001; amended for the first time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation' adopted at the 3rd Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on April 24, 2003; amended for the second time in accordance with the Decision on the Amendment of the 'Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation adopted at the 9th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on February 24, 2009)

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,making coordination, supervision and examination on the work of city appearance and environmental sanitation in their respective areas, and urging units and individuals to perform their obligations to maintain city appearance and environmental sanitation.
The municipal and district/county city administrative enforcement department (hereinafter referred to as the CAED) shall, according to law, impose administrative punishment on violations of provisions on city appearance and environmental sanitation set out in these Regulations.
The other relevant administrative departments of this Municipality shall, according to their respective functions and duties, coordinate in implementing these Regulations.
This Municipality advocates and encourages the neighborhood committee to organize for residents to make a joint pledge of maintenance of city appearance and environmental sanitation, and mobilize residents to participate in activities of treating city appearance and environmental sanitation so as to create an orderly, beautiful and civilized ambience.
　
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 The 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.
The 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 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; and
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; and
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 CAED 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 CAED; those who refuse to correct will be given warnings and may be fined between not less than CNY50 and not more than CNY500, or the chief persons directly responsible will be dealt with by their superior authorities at the request of the CAED.
　
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 the Municipality's actual circumstances, draw up the Municipality's urban appearance standard, submit it to the municipal people's government and, after approval, publish it for implementation.
The 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 buildings, structures and other facilities along both sides of the Municipality's main roads and in landscaping areas shall have their fa?ades kept tidy and in good condition, and regularly cleaned or whitewashed according to the provisions of the Municipal People's Government; any fa?ade damaged shall be restored.
　　......