(Adopted at the Thirty-third Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on June 30, 1999, and amended for the first time at the Twenty-fifth Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on June 20, 2003; and amended for the second time at the Thirty-second Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on June 25, 2004)
Chapter I General Provisions
Article 1 In order to strengthen the administration of the city appearance and environmental sanitation of the Shenzhen Special Economic Zone (hereinafter referred to as “the Special Zone”) and build a clean, beautiful and civilized city, these Regulations are formulated hereby in accordance with the basic principles of the related law and regulations as well as in the light of the practical conditions of the Special Zone.
Article 2 The responsible administrative department of urban management of the Shenzhen Municipal People’s Government shall be in charge of the administration of the city appearance city and environmental sanitation for the whole municipality.
The district responsible administrative departments of urban management and the neighborhoodoffices shall be in charge of the administration of the city appearance and environmental sanitation within the areas under their respective jurisdiction.
The municipal and district departments in charge of public land planning, environmental protection, construction, public security, industry and commerce shall be responsible for the related administration of the city appearance and environmental sanitation according to their respective functions and duties.
Article 3 The responsible administrative departments of urban management on the municipal and district levels (hereinafter referred to as “the responsible department”) may delegate part of their administrative functions to qualified organizations.
The authority of the responsible department over administrative penalty regulated by these regulations may be exercised by agencies of comprehensive administrative law enforcement with governmental authorization.
Article 4 In the administration of the city appearance and environmental sanitation, the system of jurisdiction responsibility shall be instituted.The principles of combining the management by the professionals with management by the masses, and combining education with penalty shall be insisted on.
Article 5 The municipal and district people’s governments shall integrate the task concerning the city appearance and environmental sanitation into their economic and social development plans and push for progress in fulfilling this task.
Article 6 The governments at all levels, responsible departments, educational institutions and the press shall strengthen propagandistic education on the knowledge of the city appearance and environmental sanitation, public-service advertisements and media supervision, keep enhancing people’s consciousness of model sanitation, and build up good social ethics.
Article 7 All units and individuals shall preserve the city appearance and environmental sanitation, take good care of public facilities, and have the rights to prevent, criticize or report any acts against these Regulations.
All units and individuals shall respect the labor of environmental sanitation workers, and lawfully safeguard the environment and personal safety of environmental sanitation workers, and may not hinder them during the normal operations.
The responsible department may engage some urban residents asvolunteer-watchers for city appearance and environmental sanitation to assist propagandistic education as well to help correct illegal acts.
Article 8 The responsible department shall establish a reporting system of the city appearance and environmental sanitation. Anyone who finds any acts against these Regulations may report to the responsible department. The responsible department shall make an earnest investigation of the report, settle the issue, and keep secret for the whistleblower. If any reporter wants a reply, it shall be made within 10 days.
The responsible department shall establish a reward system for reporting on the city appearance and environmental sanitation. If a reported matteris verified, the responsible department shall commend or reward the reporter. The measures on rewarding the reporter shall be specified by the responsible department.
Article 9 Anyone violating the provision of these Regulations shall be ordered by the responsible department to make a correction within a specified time period or to take remedial measures. If such an order has been refused to follow, the responsible department may delegate the authority of implementation to a related unit, and the illegal actor shall be held liable for the resultant cost.
Article 10 With respect to an act against these Regulations, the responsible department may temporarily detain the illegally operated goods and the tools used in the illegal act, and shall require the violator to receive punishment at specified time and place. If the violator fails to accept punishment within the specified time period, the responsible department may dispose the detained goods and tools according to law.
The responsible department may compulsorily dismantle the facilities built in violation of these Regulations.
Article 11 The responsible department shall establish the management position responsibility system for the city appearance and environmental sanitation. If there is any act against these Regulations committed within the position responsibility area which is not handled or is handled improperly, the principal responsible person and direct responsible person of the responsible unit shall be criticized and educated, and may be removed from their positions or given administrative sanctions, if the circumstance is serious.
Article 12 When enforcing the law, the number of city appearance and environmental sanitation administrators shall be no less than 2 simultaneously, which shall present their certificates to the parties concerned, with civilized words and following code of conducts.
Anyone who violates the provisions of the preceding paragraph shall be criticized and educated, and be ordered to make corrections, and shall be given administrative punishment if the circumstance is serious.
Article 13 If any city and environmental sanitation administrator commits any one of the following acts, he shall be criticized and educated and be ordered to make corrections, shall be given administrative punishment if the circumstance is serious, and shall be investigated for criminal responsibilities if there is a crime:
(1) neglecting his duties, failing to stop or punish an illegal act which ought to be stopped or punished;
(2) shielding or indulging an illegal actor;
(3) taking a bribe, abusing his powers, infringing upon the legal rights and interests of a citizen, legal person or other organization.
Chapter II Management Responsibilities in Responsible Area
Article 14 The regional management position responsibility system shall be carried out for the city appearance and environmental sanitation, which shall include the following contents:
(1) to ensure that the city appearance is clean and there is no displaying goods for sale, posting, daubing, digging, building, piling, hanging out the washing and illegally setting of advertisements that make a mess against the related rules in the responsible area;
(2) to ensure that environmental sanitation meets the related standards set by the State and there is no exposed garbage, foul water, smudges, mud, dirt with waste residue, and breeding places of flies and mosquitoes in the responsible area;
(3) to ensure that the facilities for environmental sanitation meet the related standards set by the State.
Article 15 The regional management responsibilities for the city appearance and environmental sanitation shall be divided in compliance with the following principles:
(1) the responsibilities of districts, townships, and neighborhood offices shall be divided according to their administrative areas;
(2) the responsibilities of residential quarters, industrial areas, tourist areas, warehouse sections, bonded zones, development zones, science and technology parks shall be divided according to their areas under real-estate management;
(3) the responsibilities of governmental offices, organizations, business and public institutions shall be divided according to their areas in use.
Article 16 The responsible units holding the management responsibilities of the city appearance and environmental sanitation shall be as follows:
(1) the professional management departments of environmental sanitation shall be responsible for the cleanliness of the city roads, overhead walkways, pedestrian tunnels, and public squares;
(2) the owners, users or real-estate management units of the buildings (structures) on both sides of roads shall be responsible for the area between the exterior walls of buildings (structures) and the sidewalks;
(3) the real-estate management units or residents committees shall be responsible for the public places in the inner streets, small lanes and residential quarters;
(4) the responsible units responsible for waters and rivers shall be their respective competent departments;
(5) the property owners or operating units shall be responsible for the places like tourist areas and attractions, commercial establishments, industrial areas, warehouse sections, bonded zones, development zones, science and technology parks, ports, airports, stations, harbors, docks, cultural and sports stadiums (gymnasiums) and parks;
(6)the property owners or operating units shall be responsible for commodity markets (including trade markets);
(7) the governmental departments, organizations, schools, armed forces, business and public institutions shall be responsible for the areas used by themselves;
(8) the operators shall be responsible for their individual venues;
(9) the operating management units shall be responsible for express highways, railways, highways, and the areas on both sides along their routes;
(10) the construction units construction shall be responsible for their construction sites;
(11) the administrative department of planning and State-owned land shall be responsible for government’s reserve land;
(12) the land-use right holders shall be responsible for the land to be developed;
(13) the professional management departments of greening shall be responsible for urban green spaces;
(14) the professional management departments in charge of environmental sanitation or real-estate management units shall be responsible for public convenience, garbage transfer stations, and other environmental sanitation facilities.
In case that a unit has dispute with respect to its responsible area, s the responsible department shall make a determination.
Article 17 The competent department and the management responsibility unit shall sign a letter of pledges of management responsibilities for the city appearance and environmental sanitation in its responsible area. The stores and units along the streets shall sign the letter of three-guarantees in front of the doors which shall state the pledges of administrative responsibilities for city appearance, sanitation and supervision.
Article 18 The responsible unit shall have the rights to stop violations against the city appearance and environmental sanitation administrative rules in its responsible area, and may request the responsible department to handle the violations according law, if a violation cannot be effectively stopped.
If a responsible unit fails to perform its duties, the competent department shall order it to make corrections within a specified period; and shall impose a fine of 3,000 to 10,000 yuan to the violator if it refuses to correct, or suggest its superior department to give punishment to its direct responsible person and supervising person.
Chapter III Management of the City appearance Section 1 Management to the Road Appearance
Article 19 The unit in charge of road management shall be responsible for keeping the surface of urban roads and their accessory facilities in good condition and, in case of damages, organize repairing within 3 days upon its knowledge of or receiving a notice from the responsible department. A daily fine of RMB 300 yuan shall be imposed if the repairing has not been done by the deadline.
Article 20 All covers of wells and ditches installed on urban roads shall be regularly checked and kept in good condition and in right places by their property owner-units. In case of damages, misplacing or loss of the covers of wells and ditches, the related property owner-unit shall immediately set warning signs after knowledge of it, and make replacement, vacancy filling and location adjustment in time. If any replacement, vacancy filling or location adjustment is not made in time, a fine of RMB 1,000 yuan shall be imposed for each omission. In addition, civil liability shall be born legally, if there is any damage.
It is prohibited to destroy any well cover, trench cover, traffic sign or any other municipal facility established on urban roads. Anyone who commits the prohibited activity aforementioned shall be imposed a fine of 2,000 to 5,000 yuan by the responsible department. For those who sell any item aforementioned illegally, the responsible department shall impose a fine of 10,000 to 30,000 yuan to enterprises, and a fine of 2,000 to 5,000 yuan to individuals. For those who buy any item aforementioned illegally, the public security department shall punish them in accordance with relevant laws or regulations, and investigate criminal responsibilities into the violator if there is a crime.
Article 21 It is prohibited for shopping malls and stores to sell or operate beyond their doors or windows.
Anyone who violates the provisions of the preceding paragraph shall, by the responsible department, be ordered to make correction, be imposed a fine of RMB 500 yuan per square meter of the exceeding area, and be confiscated the illegally sold or operated items or tools for illegal sales or operation activities. If a shopping mall or store is under the aforementioned punishments for three times within one year, the industrial and commercial administrative department shall detain its business license temporarily, and order a suspension of business for rectification.
Article 22 It is prohibited to occupy any urban road, overhead walkway, pedestrian tunnel or any other public place without authorization in order to pile goods, set stands or sell commodities. If it is indeed necessary to occupy temporarily the city roads or public places for major celebration activities or building construction, a report shall be filed to the municipal government for approval.
Anyone who violates the provisions of the preceding paragraph shall, by the responsible department, be ordered to make correction,and be imposed a fine of RMB 1,000 yuan per square meter for the occupation area. If the circumstance is serious, the violator shall be confiscated the items for sales or tools for illegal sales activities.
Article 23 No one can excavate a road until getting approval from the responsible department and public security traffic management department.
It is prohibited to discharge the remaining mud or filth which is produced from the excavation of city road, repairing of pipelines or cleaning of drainages or ditches directly to the city roads.
Anyone who violates the provisions of the First Paragraph shall be imposed a fine of 5,000 to 20,000 yuan by the responsible department. Anyone who violates the provisions of the Second Paragraph shall be imposed a fine of 1,000 yuan per square meter for the polluted area.
Article 24 It is prohibited to install any overhead pipe or line over a city road or public place, or between residences or buildings. For the overhead pipes and lines which are already established, their installers shall dismantle them within a limited time as required by the responsible department. If the installer refuses to dismantle the pipes or lines, the responsible department may compulsorily dismantle them.
It is prohibited to install any pipe or line,and to dry clothes or items on guardrails, wire posts, trees and green fences on urban roads and the both sides of the roads as well.
Anyone who violates the provisions of the First paragraph shall be ordered to make correction within a limited time, and shall be imposed a fine of RMB 500 to 1,000 yuan, and be confiscated his pipes and lines if he refuses to make any correction. Anyone who violates the provisions of the Second paragraph shall be ordered to make correction, and shall be imposed a fine of RMB 200 yuan, and be confiscated his pipes and lines, clothes or items.
Article 25 It is prohibited to establish any temporary building (structure) or other facility in a city road or on its side, in public place, in to-be-built site under urban planning or reserved place, except for municipal utilities which are established under planning.
If it is necessary to occupy a city road temporarily due to a major celebration or building construction, approval shall be obtained from the municipal responsible department and public security traffic management department. If it is necessary to occupy public place, approval shall be obtained from the municipal responsible department.
In case of violation of the First Paragraph, the responsible department shall compulsorily dismantle the illegal facilities, and may impose a fine of RMB 5,000 to 10,000 yuan per facility. In case of violation of the Second Paragraph, the responsible department shall order the violator to make correction, and impose him a fine of RMB 1,000 yuan per square meter for the occupation area.
Article 26 When traveling on urban roads, the motor vehicle loaded with articles easy to be thrown up and scattered such as soil, gravel and cement, or with liquid shall drive following the scheduled time and assigned routes, and shall have confinement-type covering devices in order to prevent the scattering and leaking along roads.
If no confinement-type covering device is installed in violation of the provisions of the preceding paragraph, the responsible department shall compulsorily install confinement-type covering devices, and impose the violator a fine of RMB 5,000 yuan. If a road is contaminated, the responsible department shall order the violator to clean it up within a specified time period, and impose him a fine of RMB 200 yuan per contaminated square meter. In case of failure to follow the scheduled time and assigned routes, the violator shall be ordered by the public security traffic management department to make correction and shall be imposed a fine of RMB 200 yuan for one vehicle each time.
Article 27 It is prohibited to drive or park a motor vehicle on sidewalks and ditch covers of underground pipelines.
It is prohibited to use human-powered wagons and modified-mechanical powered vehicles on both sides of main and branch roads.
Anyone who violates the provisions of the First Paragraph shall be ordered to make correction, and be imposed a fine of RMB 500 to 1,000 yuan. If the violator refuses to make any correction or the diver is not on spot, the vehicle may be locked and detained while a notice of punishment is sent to the driver. If damage is caused to the sidewalk or ditch cover, the driver or owner of the vehicle shall make compensation. Anyone who violates the provisions of the Second Paragraph shall be confiscated his vehicle, and be imposed a fine of RMB 500 yuan.
Section 2 Management to the Appearance of Streetward Buildings
Article 28 The units managing the real-estate of streetward buildings or the owners of the streetward buildings shall ensure that the streetward buildings, balconies, windows and roofs are clean and beautiful, shall promptly clean and wash away the smudges and rust from the buildings’ exterior, and repair or remove without delay those buildings, structures and facilities which deface the city appearance. If a streetward building, structure or facility defacing the city appearance is not repaired or removed in time, the responsible department shall order a correction to be made within a specified time period. If the correction is refused to be made, a fine of RMB 1,000 to 5,000 yuan shall be imposed.
Anyone who sets up a shelter or stand, or piles up odds and ends on the roof of a building shall be ordered by the responsible department to remove the stuff, or to cleanthe roof within a specified time period. Anyone who fails to remove the stuff or cleanroof within the specified time period, a fine of RMB 200 yuanper square meter of the occupied area shall be imposed.
Anyone who piles up or hangs out odds and ends on the balcony, windowsill, or exterior wall of a streetward building and thus defacing the city appearance shall be ordered to make cleaning by the responsible department, and shall be imposed a fine of RMB 100 to 500 yuan if he fails to clean within the specified time period.
Article 29 The exterior renovation and decoration of streetward buildings shall be kept in harmonization with the surrounding buildings and environment without defacing the city appearance.
Anyone who violates the provisions of the preceding paragraph shall be ordered to make correction within a specified time period, and shall be imposed a fine of RMB 500 to 2,000 yuan simultaneously by the district responsible department.
Article 30 Anyone who separately installs an outdoor television antenna on a streetward building and thus defacing the city appearance shall be ordered to make correction within a specified time period by the responsible department, and shall be confiscated the television antenna and be imposed a fine of RMB 500 yuan simultaneously if he refuses to make correction within the time limit.
Article 31 It is prohibited to enclose a streetward building by solid walls. The boundaries surrounding streetward buildings shall be made by open and beautiful palings, green fences, flower terrace (beds), or lawn.
Anyone who violates the provisions of the preceding paragraph shall be ordered tomake correction within a specified time period, and shall be imposed a fine of RMB 200 yuan for each overdue day if he refuses to make any correction.
Section 3 Management to Outdoor Advertisements
Article 32 For the purpose of these Regulations, outdoor advertisements refer to the road signs, bulletin boards, light boxes, neon lights, electronic displays, signboards, showcases, slogans, balloons, banners, colorful flags and inflatable facilities which are established outside the buildings, the advertisements which are established, drawn, posted and hung by means of transportation tools and the propaganda materials which are distributed publicly.
Article 33 No large outdoor advertisement may be established without the approval of municipal responsible departments.
Anyone who violates the provisions of the preceding paragraph shall be ordered to dismantle the advertisement within a specified time period, and be imposed a fine of RMB 5,000 to 10,000 yuan simultaneously.
Article 34 It is prohibited to establish such outdoor advertisement facility like operational banner, slogan, balloon, colorful flag or inflatable facility. It is prohibited to distribute operational propaganda materials outdoor.
Anyone who violates the provisions of the preceding paragraph shall be ordered to make correction or dismantle the advertisement facility within a specified time period, be imposed a fine of RMB 5,000 to 10,000 yuan, and may be confiscated the involved advertisement stuff.
Article 35 The outdoor advertisement which is approved to be established shall be established according to the approved location, standards and time period, and may not have any change in its function without authorization.
The outdoor advertisements which are approved to be established shall be kept intact, beautiful and safe. The unit establishing outdoor advertisement shall repair or dismantle the old, defective, fallen and easily collapsible outdoor advertisement in time.
Anyone who violates the provisions of First Paragraph shall be ordered to make correction within a specified time period, and be imposed a fine of RMB 2,000 to 5,000 yuan simultaneously. Anyone who violates the provisions of the Second Paragraph shall be ordered to repair or dismantle the relevant advertisement within a specified time period, and be imposed a fine of 1,000 to 5,000 yuan simultaneously.
Article 36 It is prohibited to post, scrabble or carve on any exterior wall of buildings (structures) , outdoor facilities (such as municipal utilities or pipes) or trees.
Anyone who violates the provisions of the preceding paragraph shall be ordered to clean up, and be imposed a fine of RMB 200 for each posted, scrabbled or carved place.
Article 37 When there is a violation against the provisions of these Regulations on outdoor advertisement, and the violator fails to accept the punishment within the limited time or refuses to make correction, the responsible department may apply in writing to the telecommunication department for dealing with the telecommunication numbers as specified in the illegally established outdoor advertisement.
The relevant telecommunication department shall investigate and deal with the numbers within 3 days upon receiving the written application.
Section 4 Management to Urban Greening
Article 38 For the purpose of these Regulations, urban green spaces include public green spaces, residential green spaces, green spaces belonging to units, production green spaces, protection green spaces and scenic woodlands.
Article 39 The responsible department shall be responsible for keeping urban public green spaces clean and beautiful, trimming trees and flowers in time and removing garbage promptly on the urban green spaces. If any dirt, branches and leaves are left after planting or trimming, the operators of planting or trimming shall clean them away on the same day of their work.
Residential green spaces and green spaces belonging to units shall be maintained by the real-estate management units or owners in compliance with the provisions of the preceding paragraph. The responsible department shall be responsible for instruction, inspection and supervision.
Article 40 It is prohibited to occupy or damage any land for urban greening or change its function without authorization.
It is prohibited to break off branches, pick leaves, and pluck flowers and fruits from public trees. It is prohibited to scatter odds and ends within urban green spaces. It is prohibited to step on any urban green space with a sign of forbidden.
Anyone who violates the provisions of the First Paragraph shall be ordered to make correction and restitution, and be imposed a fine of RMB 500 for per square meter simultaneously. If there is a crime, the violator shall be investigated for criminal liabilities. Anyone who violates the provisions of the Second Paragraph shall be ordered to make correction, and be imposed a fine of RMB 50 to 200 yuan simultaneously.
Article 41 It is prohibited to drive and park any vehicle on urban green spaces.
It is prohibited to set stands and sell commodities on urban green spaces.
Anyone who violates the provisions of the First Paragraph shall be ordered to make correction, and be imposed of a fine of RMB 500 to 1,000 yuan simultaneously. Anyone who causes damage to green space shall make compensation. If the driver refuses to make correction or is not on spot, the vehicle may be locked and detained, with a notice informing him to accept the punishment. Anyone who violates the provisions of the Second Paragraph shall be ordered to make correction, and be imposed of a fine of RMB 500 yuan for per square meter of the occupied area, or be confiscated his illegally sold items and the tools for the illegal sale.
Article 42 It is prohibited to damage ancient and famous trees.
Urban trees may not be cut down or relocated without the approval of the responsible departments.
Anyone who violates the provisions of the First Paragraph shall be imposed a fine of RMB 100,000 to 500,000 yuan for each damaged tree, and shall be investigated for criminal liabilities if the circumstances is so serious to constitute a crime. Anyone who violates the provisions of the Second Paragraph shall be ordered to make compensation, and be imposed a fine of RMB 500 to 3,000 yuan for each cut or relocated tree.
Section 5 Management to Urban Lights
Article 43 For the purposes of these Regulations, urban lights include road lights, nightscape lights and commercial lights.
Article 44 The professional managing department in charge of road illumination shall ensure that the working rate of road lamps and the good condition rate of equipments under its management meet the standard set by the State, and shall make timely reparation in case of failure or defects.
Road illumination facilities for public places such as development zones, industrial areas, residential quarters, stations and ports shall be installed according to the planning. The real-estate management units of the public places shall ensure that the working rate of road lamps and the good condition rate of equipments meet the stipulated standards.
Anyone who violates the provisions of the First or Second Paragraph shall be ordered to make correction within a specified time period, and shall imposed a fine of RMB 500 to 2,000 yuan if he fails to make correction within the specified time period.
Article 45 The municipal responsible department shall, in accordance with relevant national standards and the city planning, organize the drafting of the special planning for nightscape lights, and submit the special planning to the municipal planning committee for review and approval.
The responsible departments shall, in accordance with the special planning for nightscape lights, make the implementation scheme for nightscape lights and organize the implementation of the scheme after submit it to the municipal people’s government for approval.
Article 46 The lighting construction and maintenance funds for the planned important nightscape lighting scenic areas shall be uniformly arranged by the municipal people’s government. The construction and maintenance of the lighting of important nightscape lighting scenic areas shall be organized by the municipal responsible department; while the construction and maintenance of other nightscape lights shall be paid by the use rights holder of the building (structures).
Article 47 Decorate illumination facilities shall be installed on streetward buildings and structures along the main and secondary roads, squares, and green spaces in accordance with the implementation scheme of nightscape illumination.
The nightscape lights for newly builtbuilding (structure) shall be designed, builtand put into use at the same time with the principal part of the building (structure) .
Anyone who fails to install the decorate illumination facilities in violation of the provisions of the First Paragraph shall be ordered to install the facilities within a specified time period, and shall be imposed a fine of RMB 10,000 yuan if he fails to install within the period. Any construction unit who violates the provisions of the Second Paragraph shall be imposed a fine of RMB 5,000 yuan, and shall be ordered by the municipal administrative department of construction to re-organize the completion and acceptance check.
Article 48 The urban nightscape lights shall be opened and closed in accordance with scheduled time.
The installation unit or use rights holder shall make timely reparation in case of failure or defects with respect to the nightscape lights or commercial lights.
Anyone who violates the provisions of the First Paragraph shall be ordered to make correction within a specified time period and shall be imposed a fine of RMB 1,000 to 3,000 yuan if the correction is not made within the period. Anyone who violates the provisions of the Second Paragraph shall be ordered to make reparation within a specified time period and shall be imposed a fine of RMB 500 to 2,000 yuan if the reparation is not made within the period.
Chapter IV Management to Environmental Sanitation Section 1 Public Environmental Sanitation
Article 49 It is prohibited to place, dump and burn garbage and other wastes at sites not assigned for this purpose.
It is prohibited to empty and drain waste and polluted water to urban roads.
It is prohibited to empty and drain dirt with waste residue or other waste.
Anyone who violates the provisions of the First or Second Paragraph shall be ordered to clean up and be imposed a fine of RMB 1,000 to 5,000 yuan simultaneously. Anyone who violates the provisions of the Third Paragraph shall be imposed of a fine of RMB 5,000 to 10,000 yuan.
Article 50 It is prohibited to spit, commit nuisance, and litter chewing gum, bagasse, fruit peel and pip, waste paper, cigarette ends or other wastes everywhere.
It is prohibited to throw garbage and other wastes from buildings and vehicles.
It is prohibited to sweep garbage from the stores along the street to the street roads.
Anyone who violates the provisions of the First Paragraph shall be ordered to clean up and imposed of a fine of RMB 50 to 200 yuan simultaneously. Anyone who violates the provisions of the Second Paragraph shall be ordered to clean up and imposed of a fine of RMB 200 yuan. Anyone who violates the provisions of the Third Paragraph shall be imposed a fine of 1,000 yuan.
Article 51 It is prohibited to raise poultry and livestock such as pigs, cattle, sheep, rabbits, chickens, ducks, geese and edible pigeons, except for the purpose of education, scientific research or other special needs. It is prohibited to raise bees in and around residential districts.
In case that the provisions of the preceding paragraph are violated, the poultry and livestock shall be confiscated, and a fine of RMB 500 yuan for each livestock, RMB 100 yuan for each poultry, or RMB 200 yuan for each cage of bees shall be imposed.
Article 52 The raising of dogs by residents or units shall be approved by responsible department. In case that a pet is raised, the environmental sanitation and the resting of other people shall not be affected thereby.
The feces in the both sides of roads and other public places which are produced by pets shall be timely removed by the pet carriers.
Anyone who raises a dog without the approval of responsible department, in violation of the provisions of the First Paragraph, shall be punished in accordance with relevant laws or regulations. Anyone whose pet affects the environmental sanitation or the resting of other people shall be ordered to make correction, and shall be imposed a fine of RMB 200 to 1,000 yuan if he refuses to make correction. Any pet carrier who violates the provisions of the Second Paragraph shall be ordered to clean up the feces, and be imposed of a fine of RMB 200 to 500 yuan for each pet.
Article 53 Every unit undertaking construction shall abide by the following rules in its operation:
(1) construction sites shall be fenced off for operation and eye-catching signs shall be installed;
(2) construction sites shall be kept clean and all the garbage resulting from construction shall be disposed of in time;
(3) measures shall be taken to prevent the dust from polluting the appearance and environment of the city;
(4) all the roads at entrances and exits of construction sites shall be solidly-grounded and the vehicles passing the entrances or exits or leaving the sites shall be washed and cleaned by special workers, in order to prevent the leaving vehicles from polluting the roads;
(5) it is prohibited to drain untreated muddy water into urban pipes for rain and sewage;
(6) the solid wastes such as dirt with waste residue in the construction sites shall be shipped to the designated places for discharge.
Anyone who violates the provisions of Item (1) or (2) of the preceding paragraph shall be ordered to make correction within a specified time period and be imposed a fine of RMB 500 to 2,000 yuan simultaneously by the administrative department of construction, and shall be ordered to stop operation for rectification if no correction is made within the period. Anyone who violates the provisions of Item (3), (4), (5) or (6) shall be ordered to make correction within a specified time period and be imposed a fine of RMB 2,000 to 5,000 yuan by the responsible department.
Article 54 Waste purchasing units shall strengthen the management to their working areas so that they will not deface the city appearance or pollute the environment all around.
Anyone who violates the provisions of the preceding paragraph shall be ordered to make correction within a specified time period, and be imposed a fine of RMB 1,000 to 5,000 yuan if he fails to make correction within the period.
Section 2 Management of Urban Garbage
Article 55 The professional administrative department of environmental sanitation shall be responsible for the management of urban garbage.
The system of classified drainage, collection and disposal of urban garbage shall be carried out.
The discharge reporting system shall be adopted for special waste such as bulky wastes which shall be collected and processed separately.
Article 56 Urban consumer waste shall be bagged and placed on designated sites.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction and be imposed a fine of RMB 200 yuan simultaneously.
Article 57 Urban consumer waste shall be collected and shipped at scheduled time and designated places, and shall be cleaned away on the same day when they come out.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction, and be imposed a fine of RMB 1,000 to 3,000 yuan simultaneously.
Article 58 The containers and facilities for collecting urban garbage shall be confined.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction, and be imposed a fine of RMB 300 yuan simultaneously.
Article 59 Road sweeping and cleaning and garbage collection shall be operated in accordance with the operating rules, quality standards and time schedule as provided by the municipal responsible department.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction, and be imposed a fine of RMB 2,000 yuan simultaneously.
Article 60 The body of urban garbage transportation vehicles shall be kept clean and tidy, and shall be confined when transporting urban garbage to designated places for processing. Waste flying, leakage and wastewater dripping shall be prevented along the way, while no garbage shall be exposed and hanged.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction within a specified time period, and be imposed a fine of RMB 2,000 to 5,000 yuan simultaneously.
Article 61 Urban garbage shall be processed to reduce its amount, to become a kind of resource, and to be harmless.
Urban consumer waste shall be uniformly deployed by the municipal responsible department and be delivered to garbage disposal plants for uniform processing.
The residue of feces of septic tanks shall be shipped by way of confinement to designated places for processing.
The residue of dirt shall be shipped to designated places for processing.
Cleaning enterprises shall be entrusted to collect, transport and process the kitchen waster of catering and cafeteria industry and canteens. It is prohibited to allow other units or individuals to collect, transport or process the kitchen waste.
Anyone who violates the provisions of Paragraph 3, 4 or 5 shall be ordered to make correction, and be imposed a fine of RMB 500 to 2,000 yuan simultaneously.
Article 62Urban consumer waste disposal plants (landfills) shall not accept medical waste, and poisonous or harmful industrial waste.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction, and be imposed a fine of RMB 2,000 to 5,000 yuan simultaneously.
Article 63 It is prohibited to mix medial, poisonous or harmful waste into other garbage.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make correction and adopt remedy measures, and shall be imposed a fine of RMB 2,000 to 5,000 yuan simultaneously.
Article 64 The operator and transporter of livestock, poultry and other animals shall deliver the livestock, poultry and animal which dies from illness, poison or an unknown reason to the municipal professional management department of environmental sanitation for uniform treatment to eliminate their hazards.
Anyone who leaves a dead livestock or poultry everywhere shall be imposed a fine of RMB 500 yuan for each livestock or 100 yuan for each poultry..
Article 65 It is prohibited to pick rubbish in garbage containers and garbage collection sites, and to collect the residue of urine from sewage wells.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to clean up the site, be imposed a fine of RMB 50 yuan, and be confiscated the picked stuff and tools simultaneously.
Article 66 The franchise system shall be implemented for urban garbage treatment (disposal). The franchise rights shall be determined through tender by the responsible department.
Article 67 The charging management system shall be implemented for urban garbage. The detailed measures will be separately formulated by the municipal people’s government.
Section 3 Environmental Sanitation Facilities
Article 68 The municipal responsible department shall organize the formulation of the planning of environmental sanitation facilities in accordance with the related national standards and the city planning, and shall organize its implementation after getting the approval in accordance with the legal procedures.
The responsible department shall, according to the population density and the needs of city development, formulate the schemes for establishing public toilets and waste transfer stations and incorporate the schemes into the planning of environmental sanitation facilities, and shall organize their implementation after getting the approval of project establishment in accordance with legal procedures.
Garbage disposal plants (landfills) and their design plans shall be in compliance with the planning of environmental sanitation facilities and the related national technical standards. The responsible department shall participate in the review of the design plans.
The construction and reconstruction funds for city environmental sanitation facilities shall be comprehensively arranged by the municipal or district people’s government.
Article 69 When developing new urban area, renewing old urban are and buildingnew residential area, industrial area, high civil building, large and medium-sized trade market, tourist attraction, entertainment market, bus station, terminal, port and airports, the construction unit shall, according to related special planning of urban environmental sanitation and standards, construct supporting environmental sanitation facilities respectively, such as the garbage collection points, transfer stations, public toilets, street sprinkler water-filling points andenvironmental sanitation operation houses.
Environmental sanitation facilities shall be designed, builtand put into use at the same time with the principal project.
The responsible department shall participate in the review of the design plans of environmental sanitation facilities and thecompletion and acceptance check.
No one may change any use nature of an environmental sanitation facility which passes the completion and acceptance check.
Anyone who violates the provisions of Paragraph 1, 2 or 4 shall be ordered to make correction within a specified time period, and be imposed a fine of RMB 10,000 to 50,000 yuan simultaneously.
Article 70 The management unit for environment sanitation facilities shall repair or replace the old and damaged environmental sanitation facilities in time, and shall keep them in good condition and clean.
The managers for the toilets provided in various operational places, and municipal public toilets shall maintain the cleanness of the toilets and keep the facilities in good condition.
Anyone who violates the provisions of theFirst Paragraph shall be ordered to make reparation or updating within a specified time period, and shall be imposed a fine of RMB 2,000 to 5,000 yuan if the reparation or updating is not made within the period.
Article 71 It is prohibited for all units and individuals to occupy, damage, dismantle all environmental sanitation facilities or to change their functions. If an environmental sanitation facility is required to be dismantled, it shall be established again by the dismantling unit after getting approval from the responsible department, in compliance with the principle of establishing after dismantling.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to make restoration or to adopt other remedy measures, and be imposed a fine of RMB 5,000 to 10,000 yuan simultaneously.
Article 72 The security scope shall be designated for garbage disposal plants (landfills) in accordance with related national standards, as well as the establishment of security signs. The specific scope shall be determined by the municipal responsible department jointly with the municipal administrative department of planning and State-owned land.,
Article 73 If a city garbage landfill reaches its capacity, the enclosures and safety measures shall be taken within a specified period to prevent pollution.
Anyone who violates the provisions of thepreceding paragraph shall be ordered to adopt remedy measures, and be imposed a fine of RMB 100,000 to 500,000 yuan simultaneously.
Chapter V Supplementary Provisions
Article 74 The scope of main and secondary roads referred to in these Regulations shall be announced regularly by the responsible department.
Article 75 When the amount of fine stipulated in these Regulations shall be calculated according to the size of area, the area smaller than one square meter shall be calculated as big as one square meter.
Article 76 These Regulations shall take effect as of August 1, 2003.