Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation (2001)
Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation (2001)
Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation
Announcement of the Standing Committee of the Shanghai Municipal People' s Congress No.56
November 14, 2001
The Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation have been adopted at the 33rd Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on November 14, 2001, are hereby promulgated and come into force on April 1, 2002.
Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation
(Adopted at the 33rd Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on November 14, 2001)
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 CNY and not more than 500 CNY, 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.
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