No.99

Interim Provisions of Dongguan Municipality on Comprehensive Law Enforcement of Urban Management have been agreed by the Municipal People's Government and are hereby promulgated.

Mayor Li Yuquan

February 22, 2118

Interim Provisions of Dongguan Municipality on Comprehensive Law Enforcement of Urban Management

Chapter I General Provisions

Article 1 In order to strengthen urban management, improve the efficiency and level of administrative law enforcement of urban management, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations.

article 2 these provisions shall apply to the comprehensive law enforcement of urban management within the jurisdiction of this municipality.

the comprehensive law enforcement of urban management mentioned in these provisions refers to the behavior that the comprehensive law enforcement organs of urban management comprehensively exercise all or part of the administrative punishment power of the relevant administrative organs, as well as the administrative compulsory power and administrative supervision and inspection power related to the administrative punishment power.

article 3 the municipal comprehensive law enforcement organ of urban management is the administrative organ directly under the municipal people's government, which centrally exercises the comprehensive administrative law enforcement function of urban management.

the branches of urban management comprehensive law enforcement established in towns and streets and Songshan Lake Science and Technology Industrial Park are the dispatched offices of the municipal urban management comprehensive law enforcement organs, and comprehensively exercise the administrative punishment power of urban management in the name of the municipal urban management comprehensive law enforcement organs.

Article 4 The municipal comprehensive law enforcement organ of urban management shall be responsible for organizing the implementation of these Provisions.

relevant departments such as municipal construction, urban planning, environmental protection, forestry, public security, industry and commerce, health, economy and trade, quality and technical supervision, food and drug supervision, etc. shall, according to their respective functions, assist the comprehensive law enforcement organs of urban management in implementing these Provisions.

article 5 the comprehensive law enforcement organs of urban management shall follow the principles of legality, openness and fairness, the principle of combining punishment with education, strictly enforce the law, enforce the law in a civilized manner, and consciously accept the supervision of the public.

Chapter II Duties and Powers

Article 6 The comprehensive law enforcement organ of city management exercises the functions of supervision and inspection, administrative punishment and administrative compulsion as stipulated by laws, regulations and rules on city appearance and environmental sanitation management, and forcibly demolishes buildings or facilities that do not meet the standards of city appearance and environmental sanitation; According to the provisions of laws, regulations and rules on the management of city appearance and environmental sanitation, exercise the power of administrative punishment for the following acts that violate the management of city appearance and environmental sanitation:

(1) stacking or hanging articles that hinder the city appearance on the balconies and windows of street-facing buildings on both sides of urban primary and secondary roads;

(2) failing to seal, wrap or cover the transported liquid and bulk materials, resulting in leakage or spillage;

(3) spitting, urinating, dumping sewage, littering fruits and skins, scraps of paper, cigarette butts, packaging bags, cartons and other wastes;

(4) Failing to dump garbage at the specified time, place and manner;

(5) The shop stall operators cannot keep the surrounding environment clean and tidy;

(6) The wastes and industrial solid wastes of hospitals, sanatoriums, slaughterhouses, biological products factories and other units and enterprises are not dumped or discarded at will as required;

(7) occupying or destroying environmental sanitation facilities without authorization;

(8) engaging in services such as cleaning, collection, transportation and treatment of urban garbage without approval; Vehicles transporting urban garbage have not obtained a transportation permit;

(nine) the development of new urban areas, the transformation of old cities and the newly-built residential areas have not set up domestic waste storage facilities according to the standards stipulated by the state;

(11) The unit responsible for environmental sanitation fails to perform the obligation of cleaning and cleaning in the health responsibility area or fails to clear and dispose of garbage according to regulations;

(11) raising livestock and poultry without approval affects the city appearance and environmental sanitation;

(12) burning leaves and garbage in public places and public garbage containers;

(13) scribbling, scribbling, pasting or hanging on urban buildings, structures, poles, tree poles, guardrails or other municipal facilities;

(14) The construction site facing the street is not provided with guardrails or sheltered, and the shutdown site is not cleaned in time or the site is not cleaned and leveled in time after completion;

(15) occupying both sides of city streets or public venues without approval, which affects the city appearance;

(16) setting up outdoor advertisements without approval affects the city appearance;

(17) other acts in violation of laws, regulations and rules on city appearance and environmental sanitation management.

Article 7 The municipal comprehensive law enforcement organs of urban management shall exercise the functions of supervision and inspection, administrative punishment and administrative enforcement on all kinds of illegal construction acts as stipulated by laws, regulations and rules on urban planning management; According to the provisions of laws, regulations and rules on urban planning management, exercise the power of administrative punishment for the following acts:

(1) carrying out construction without obtaining a planning permit for construction projects;

(2) changing the position of the red line, building height, number of floors, area, elevation and carrying out construction in violation of other provisions of the construction project planning permit without the approval of the competent department of city planning administration;

(3) other illegal construction behaviors in violation of urban planning laws, regulations and rules.

Article 8 The comprehensive law enforcement organ of city management exercises the functions of supervision and inspection, administrative punishment and administrative enforcement as stipulated by laws, regulations and rules on urban greening management; According to the laws, regulations and rules on urban greening management, exercise the right of administrative punishment for the following acts:

(1) climbing (scoring and nailing) trees, picking flowers, trampling on the ground or discarding wastes in urban green spaces, dumping toxic and harmful sewage, piling up and burning materials;

(2) It's built on branches and supported by trees;

(3) destroying tree supports, railings, flower bases, chairs, garden lights, architectural sketches, waterscape facilities, green water supply and drainage facilities and other greening facilities;

(4) moving or cutting down trees without authorization;

(five) without the approval of the municipal administrative department of urban greening, commercial service facilities or facilities unrelated to the nature of greening are set up on urban green space;

(6) occupying urban green land without authorization;

(7) blocking rivers and streams, taking soil and quarrying, setting up garbage dumps, discharging sewage and other activities that damage the ecological environment within the scope of urban green space;

(8) other acts in violation of laws, regulations and rules on urban greening management.

Article 9 The municipal comprehensive law enforcement organs shall exercise the functions of supervision, inspection, administrative punishment and administrative enforcement as stipulated by laws, regulations and rules on municipal management; According to the laws, regulations and rules on municipal administration, exercise the power of administrative punishment for the following acts:

(1) occupying or excavating urban roads without authorization;

(2) failing to set up obvious signs and safety enclosure facilities at the urban road construction site;

(3) failing to clean up and repair the site in time after the occupation of urban roads expires or urban roads are excavated;

(4) failing to occupy or dig urban roads in accordance with the approved location, area and time limit, or needing to move location, expand area and extend time, and failing to go through the formalities for examination and approval of changes in advance;

(5) building buildings and structures on urban roads without authorization;

(6) setting up billboards or other floating objects on bridges or street lighting facilities without authorization

(7) adding slopes, iron frames and other acts that damage or occupy urban roads without authorization;

(8) Failing to go through the approval procedures in accordance with the provisions, depending on the construction of various pipelines, poles and other facilities on urban roads;

(nine) emergency repair of pipelines buried under urban roads, without completing the approval procedures in accordance with the provisions;

(11) Dismantling, relocating or altering urban road lighting facilities without authorization;

(11) piling up sundries, digging holes and taking soil, building buildings and hindering the normal maintenance and safe operation of urban road lighting facilities near the city road lighting facilities;

(12) setting up communication lines (cables) or placing other facilities on urban road lighting poles without authorization;

(13) connecting the street lamp power without permission;

(14) the drainage households violate the provisions on the administration of drainage permits, discharge sewage into the urban drainage network and its ancillary facilities, or damage the urban drainage network and its ancillary facilities;

(15) other acts in violation of laws, regulations and rules on municipal administration.

Article 11 The municipal comprehensive law enforcement organ of urban management shall exercise the functions of supervision and inspection, administrative punishment and administrative enforcement on unlicensed food production and operation as stipulated by laws, regulations and rules on industry and commerce, health, quality and technical supervision and economic and trade administration; According to the provisions of laws, regulations and rules on food hygiene, exercise the power of administrative punishment for the following acts:

(1) engaging in commercial food production without a license;

(2) those who specialize in or concurrently engage in food without obtaining a license;

(3) engaging in catering business services without obtaining a license;

(4) other illegal acts of producing and selling food without a license approved by the Municipal People's Government and announced to the public.

article 11 the comprehensive law enforcement organs of city management exercise the functions of supervision and inspection, administrative punishment and administrative enforcement on unlicensed vendors, selling, posting, hanging advertisements and occupying roads as stipulated by laws, regulations and rules on industrial and commercial administration; According to the provisions of laws, regulations and rules on industrial and commercial administration, exercise the right of administrative punishment for unlicensed vendors, selling, posting, hanging banner advertisements and occupying roads.

Article 12 The comprehensive law enforcement organ of urban management of the city shall exercise the functions of supervision and inspection, administrative punishment and administrative enforcement on social life noise pollution and construction noise pollution, and the burning of sundries in public places as stipulated by laws, regulations and rules on environmental protection; (1) burning asphalt, linoleum, rubber, plastics, leather, wires and cables, circuit boards, copper-clad plates, electronic appliances, plastic machine filters, batteries, lamp tubes, sludge from wastewater treatment, domestic garbage and other toxic and harmful fumes and malodorous gases in public places.

(2) carrying out construction operations that produce environmental noise pollution at night in areas where noise-sensitive buildings are concentrated in cities (except for emergency repair and emergency rescue operations, and those that need to be carried out continuously at night due to special circumstances and have been approved by the competent administrative department of environmental protection);

(3) Without the approval of the competent administrative department of environmental protection, the steam pile driver or hammer pile driver is used in the construction in the urban planning area, or the operation time is beyond 7: 11 to 12: 11 and 14: 11 to 22: 11 according to the approval;

(4) the boundary noise of cultural and entertainment venues, stadiums (gymnasiums) and urban markets in operation exceeds the environmental noise emission standards prescribed by the state;

(5) The boundary noise of air conditioners, cooling towers, exhaust fans, generators, water pumps, audio facilities or other equipment and facilities that produce noise pollution exceeds the environmental noise emission standards stipulated by the state;

(6) using tweeters in areas where noise-sensitive buildings are concentrated in urban areas, causing environmental noise pollution;

(7) organizing entertainment and assembly activities in urban streets, squares, parks and other public places, and using audio equipment, resulting in excessive volume that interferes with the surrounding living environment;

(8) When using household appliances, musical instruments or engaging in entertainment and other activities, it causes environmental noise pollution to the life of the surrounding residents;

(9) engaging in indoor decoration, furniture processing and other activities that cause noise pollution in residential areas, residential areas, cultural and educational areas and convalescent areas at noon and at night;

(11) selling or making noise loudly in residential areas and residential areas at noon and at night;

(11) using loudspeakers or other methods that make high noise to attract customers in business activities;

(12) other behaviors that violate laws, regulations and rules on environmental protection, such as social life noise pollution, building noise pollution and burning sundries in public places.

Article 13 The municipal urban management comprehensive law enforcement organ exercises the functions of supervision, inspection, administrative punishment and administrative enforcement on the medical institution without obtaining the medical institution's practice license; According to the provisions of laws, regulations and rules on the management of medical institutions, exercise the right of administrative punishment for conducting medical treatment without obtaining the practice license of medical institutions.

fourteenth laws, regulations, rules or other duties stipulated by the provincial people's government to implement comprehensive administrative law enforcement of urban management shall be exercised by the comprehensive law enforcement organs of urban management.

Article 15 After the power of administrative punishment for urban management is exercised by the comprehensive law enforcement organs for urban management, the relevant administrative organs may not exercise it again. If the relevant administrative organ exercises it again, the decision on administrative punishment made is invalid.

Chapter III Law Enforcement Norms

Article 16 Comprehensive law enforcement officers of urban management shall receive legal knowledge and professional knowledge training and obtain the administrative law enforcement certificate issued by the provincial people's government before taking up their posts.

when performing official duties, comprehensive law enforcement officers of urban management shall show their administrative law enforcement certificates to the administrative counterpart or relevant personnel.

article 17 the comprehensive law enforcement organ of urban management shall establish and improve the daily inspection system, and promptly stop and investigate and deal with acts that violate the laws, regulations and rules of urban management.

article 18 the comprehensive law enforcement organ of urban management shall establish and improve the reporting system. In violation of the laws, regulations and rules of urban management, any unit or individual may report to the comprehensive law enforcement organ of urban management, which shall register and timely verify and deal with it. If it does not fall within the scope of functions and powers of this organ, it shall inform the relevant administrative organ to handle it. The comprehensive law enforcement organ of urban management shall keep confidential the informer, and if there is a clear informer, it shall feed back the handling result to the informer.

administrative law enforcement cases assigned by higher authorities and transferred by other administrative law enforcement agencies shall be registered and verified in time.

Article 19 When investigating and handling illegal acts, the comprehensive law enforcement organs of urban management may take the following measures in accordance with the provisions of laws, regulations and rules:

(1) Enter the inspected unit or site for investigation or conduct inspection in accordance with the provisions of laws and regulations;

(2) consulting and copying the information of the inspected entity related to the inspection items;

(3) Obtaining relevant evidence according to law;

(4) detaining the tools and articles involved in the illegal act according to law;

(5) other measures stipulated by laws, regulations and rules.

Twentieth city management comprehensive law enforcement organs shall order the administrative counterpart to make corrections immediately or within a time limit.

Article 21 When investigating and handling illegal acts, the comprehensive law enforcement organs of urban management may register and save the tools and articles used for illegal acts that may be lost or difficult to obtain later, after reporting to the person in charge of the organ for approval; If it is difficult to obtain after not registering and saving on the spot, it may be registered and saved first. If the comprehensive law enforcement organ of urban management adopts the measures of registration and preservation, it shall issue a certificate with a unified format to the parties.

Chapter IV Law Enforcement Cooperation

Article 22 Comprehensive law enforcement organs of urban management and relevant administrative organs shall establish and improve the information sharing mechanism of administrative punishment and administrative license, and inform each other of relevant administrative information.