The term "urban management" as mentioned in these Regulations refers to the activities of the people's government and its relevant administrative departments to manage public affairs and order such as public facilities, road traffic, city appearance and sanitation, environmental protection and landscaping in order to meet the needs of the general public. The Municipal People's Government shall be responsible for the formulation of urban management objectives and the supervision and management of the city's urban management.
The District People's Government shall be responsible for organizing the implementation of urban management within its jurisdiction.
Sub-district offices and Township People's governments are responsible for organizing and implementing the specific work of urban management within their respective jurisdictions, and guiding and supervising the urban management work of neighborhood (village) committees.
Neighborhood (village) committees shall assist in urban management and mobilize the units under their jurisdiction and neighborhood (village) people to participate in relevant urban management activities. The Municipal Bureau of Urban Management and Law Enforcement is responsible for the relevant work of urban management and exercises the power of relatively centralized administrative punishment of urban management.
The administrative departments of planning, housing and urban and rural construction, land, environmental protection, public security, transportation, forestry, health, education, culture, radio and television, press and publication, industry and commerce administration, water supply, gardens, etc. shall, according to their respective functions and duties, do a good job in urban management. New construction, renovation and expansion of urban public facilities such as city appearance and sanitation, municipal roads, transportation, greening and urban lighting in urban construction shall solicit the opinions of relevant administrative departments during design review and completion acceptance.
After the acceptance of urban public facilities, they shall be handed over and taken over according to the time agreed or stipulated in the contract. If the transfer is not completed, the construction unit shall be responsible for the maintenance and management; If it has been handed over, the maintenance unit determined by the relevant administrative department through bidding shall be responsible for maintenance and management.
The municipal administrative department of urban management and other relevant administrative departments shall strengthen the supervision and management of the maintenance of urban public facilities. Housing construction, demolition, municipal construction and other construction sites shall comply with the following management regulations:
(a) around the operation (field) should be set up according to the provisions of the city appearance physical enclosure;
(2) If the construction period is more than one year, install video monitoring devices at the vehicle entrances and exits of the workplace (field) to ensure its normal use;
(three) the entrance and exit of the work (field) and the main roads in the field should be hardened;
(4) If dust pollution is caused by the concentrated stacking of bare sites, mud and gravel, dust reduction measures such as shielding, covering, curing or greening shall be taken;
(5) The exit of the construction site (field) should be equipped with vehicle washing facilities and supporting drainage and mud sedimentation facilities, and all transport vehicles leaving the site should be washed to ensure that the net vehicles leave the site;
(six) after the completion of the project and before the acceptance, the site shall be cleaned and leveled in time, and the surrounding public facilities and greening damaged by the construction shall be repaired in time;
(seven) other measures stipulated by the Municipal People's government.
The construction waste disposal site shall comply with the management provisions in Items (3) to (7) of the preceding paragraph. Units that dispose of construction waste shall go through the examination and approval procedures for the disposal of urban construction waste to the municipal administrative department of urban management.
The construction unit or the construction unit shall deliver the construction waste to the transportation enterprise recognized by the municipal administrative department of urban management. Carrying domestic waste, construction waste, sand and gravel, ready-mixed commercial concrete and other bulk fluid items, designated special transport vehicles shall be used, and the appearance of the vehicles shall be kept intact and clean.
Vehicles carrying construction waste shall also comply with the following provisions:
(1) Install the on-board positioning device and keep it running normally;
(two) the approval certificate for the disposal of vehicles carrying construction waste;
(three) according to the approved transportation route and time to the designated construction waste disposal site. Urban buildings (structures) and facilities shall be equipped with energy-saving landscape lighting facilities in accordance with urban landscape lighting planning and technical specifications.
The landscape lighting facilities invested by the government shall be maintained by the units determined by the District People's Government, and the landscape lighting facilities built by the owners shall be managed and maintained by the owners. During important holidays and major events, landscape lighting facilities should be turned on and off in accordance with the time stipulated by the municipal and district people's governments.
The use and maintenance of landscape lighting facilities shall be supervised and managed by the District People's Government. The District People's Government may, according to the needs of urban management in this area, delimit the operating area of temporary stalls without affecting fire safety, road traffic and residents' lives, and report to the municipal administrative department of urban management for approval and promulgation.
The District People's Government shall organize and do a good job in the management of the operating areas of temporary stalls within its jurisdiction. The relevant administrative departments shall, according to their respective functions and duties, do a good job in the specific management of the operating areas of temporary stalls.
Operators of temporary stall areas shall abide by the regulations on the management of business hours and places, and keep the site clean and tidy. Urban greening should combine trees, shrubs, flowers and grass, mainly planting trees. It is forbidden for any unit or individual to occupy, damage or occupy public green space without authorization.
Advocate units or individuals to adopt public green spaces and ancient and famous trees. Units and individuals engaged in catering services in urban areas shall use clean energy such as electricity, diesel, kerosene and gas; Where there is a fixed business place, an oil fume purification device shall be installed to ensure that the oil fume emission reaches the standard.
Engaged in painting, vehicle repair and cleaning and other operations that may pollute the environment, preventive measures should be taken to prevent environmental pollution. Operators of bars, dance halls, chess rooms and other business premises shall take effective measures to make the boundary noise of their business premises not exceed the environmental noise emission standards prescribed by the state.
When using generators and other equipment in urban frontage facades, roads and public places, measures should be taken to reduce noise emissions and interference with residents' lives.
It is forbidden to carry out construction operations that produce environmental noise pollution from 22: 00 to 6: 00 the next day, except for emergency repair operations and continuous operations due to production process requirements or special needs and approved by the municipal environmental protection administrative department. If night work is approved, it is necessary to announce nearby residents and take measures to reduce noise emission and interference to residents' lives.
Motor vehicles are prohibited from honking their horns in urban medical areas, cultural, educational and scientific research areas and areas dominated by residential buildings or institutions; It is forbidden for motor vehicles to honk their horns on the road sections designated by the municipal public security organs and at the specified time.
During the college entrance examination, senior high school entrance examination and other major social activities, the Municipal People's Government may take temporary control measures for noise control. Construction projects newly built, rebuilt and expanded in cities and buildings whose nature and use are changed according to law shall be equipped with and built with additional parking lots in accordance with the planning requirements and construction standards.
No unit or individual may use the approved parking lot for other purposes without authorization. The Municipal People's Government shall organize the establishment of urban public parking information system and release parking information to the society in real time. Operators and managers of public parking lots in large and medium-sized shopping malls, hotels, restaurants, cultural and entertainment places should incorporate parking information into the urban public parking information system.
Encourage non-public parking lots to open to the public. It is forbidden to engage in the following activities within the scope of urban river management:
(1) Business activities that pollute water bodies such as catering and food processing;
(two) unauthorized erection of buildings (structures) or stacking of goods and materials;
(3) Planting vegetables and raising poultry and livestock;
(four) set up stalls and other business activities;
(five) other activities prohibited by laws and regulations. According to the provisions of the Administrative Punishment Law of the People's Republic of China and the relevant decisions of the people's governments of the State Council and the province, this Municipality implements a relatively centralized administrative punishment system for administrative law enforcement.
The comprehensive administrative law enforcement organs of urban management relatively concentrate on exercising the power of administrative punishment determined by the relevant decisions of the State Council and the provincial people's government, and their specific duties are:
(a) to exercise part of the administrative punishment rights stipulated by laws, regulations and rules on urban and rural planning and management;
(2) Exercising the power of administrative punishment stipulated by laws, regulations and rules on the management of city appearance and environmental sanitation, and forcibly removing illegal buildings or facilities that do not meet the standards of city appearance and environmental sanitation according to law;
(three) the exercise of administrative punishment rights stipulated by laws, regulations and rules on the management of urban landscaping;
(four) to exercise some administrative punishment rights as stipulated by laws, regulations and rules on environmental protection management;
(five) to exercise the administrative punishment right of unlicensed vendors as stipulated by laws, regulations and rules on industrial and commercial administration;
(six) to exercise some administrative punishment rights as stipulated by laws, regulations and rules of public security traffic management;
(seven) to exercise the power of administrative punishment as prescribed by laws, regulations and rules of municipal administration;
(eight) to exercise the administrative punishment right of illegally occupying collective land to build buildings and facilities as stipulated by land management laws, regulations and rules;
(nine) to exercise the right of administrative punishment prescribed by laws, regulations and rules on outdoor advertising management;
(ten) to perform other duties stipulated by laws, regulations, rules or provincial and municipal people's governments. City, district (including high-tech industrial development zone) urban management comprehensive administrative law enforcement organs, in accordance with the responsibilities and division of labor stipulated by the Municipal People's government, exercise the power of administrative punishment granted according to law within their jurisdiction.
The power of administrative punishment, which has been relatively concentrated by the comprehensive administrative law enforcement organs of urban management, shall not be exercised by the original administrative department; If the power of relatively centralized administrative punishment is still exercised, the decision on administrative punishment made shall be invalid.
The comprehensive administrative law enforcement organs of urban management can exercise the functions and powers of administrative inspection and administrative enforcement corresponding to the relatively centralized power of administrative punishment according to law. The comprehensive administrative law enforcement of urban management implements territorial management and is under the jurisdiction of the comprehensive administrative law enforcement organ of urban management in the district (including high-tech industrial development zone) where the illegal act occurred.
Professional, significant or cross-regional illegal cases can be directly under the jurisdiction of the municipal comprehensive administrative law enforcement organs.
If there is any objection to the jurisdiction, the jurisdiction shall be designated by the municipal comprehensive administrative law enforcement organ of urban management. The Municipal People's Government shall, in accordance with the provisions of the Civil Service Law of People's Republic of China (PRC), establish and improve the systems of employment, assessment, training, exchange and avoidance, and strengthen the construction and management of law enforcement teams.
Urban management comprehensive administrative law enforcement personnel should be trained and qualified, and they can engage in administrative law enforcement only after obtaining the qualification of administrative law enforcement. Urban management comprehensive administrative law enforcement personnel shall not be less than two when investigating illegal acts, and shall dress and take the initiative to produce law enforcement certificates; The following measures can be taken to investigate and deal with illegal acts:
(a) require the relevant units and individuals to explain and explain the problems involved in law enforcement matters;
(two) require the relevant units and individuals to provide documents, materials and other information related to law enforcement matters, and can consult and copy them according to law;
(three) to enter the suspected illegal place to carry out on-site inspection, and to investigate and collect evidence by means of recording, video recording and photographing;
(4) Other measures stipulated by laws and regulations. City management comprehensive administrative law enforcement organs found that citizens, legal persons or other organizations have illegal acts, should be ordered to correct immediately or within a time limit; Those who refuse to make corrections may seal up and detain tools and other articles related to illegal acts until the case is handled.
Urban management comprehensive administrative law enforcement organs may take the following measures when investigating the following illegal acts:
(a) in violation of the relevant provisions of the city appearance and environmental sanitation management, by hanging, posting, graffiti, publishing business information, contact business number, requiring the parties to accept the treatment within the prescribed time limit; If the party fails to accept the treatment as required within the time limit, it may notify the communication enterprise in writing to cooperate with the treatment;
(2) If the motor vehicle is not parked on the sidewalk (including temporary parking) as required, and the driver of the motor vehicle is not at the scene or refuses to leave immediately, the motor vehicle can be towed away from the scene and the driver of the motor vehicle can be informed in time; But it does not hinder traffic, and the wheels of motor vehicles can be locked;
(3) Failing to use special transport vehicles to transport bulk fluid articles in accordance with regulations, thus causing environmental pollution, the illegal vehicles may be temporarily detained to the designated place; The act of temporarily detaining vehicles shall not affect the traffic safety and smoothness, and shall be released after the illegal acts are handled.
If laws and regulations do not stipulate that the administrative organ can enforce it, the comprehensive administrative law enforcement organ of urban management that has made the decision on administrative punishment must apply to the people's court for enforcement according to law. Citizens, legal persons or other organizations have the right to state and defend the administrative punishment decision made by the comprehensive administrative law enforcement organ of urban management; Those who refuse to accept the decision on administrative punishment have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Citizens, legal persons or other organizations who refuse to accept the decision on administrative punishment made by the comprehensive administrative law enforcement organs of urban management may apply to the Municipal People's Government for administrative reconsideration; If he refuses to accept the decision on administrative punishment made by the comprehensive administrative law enforcement organ of urban management, he may apply for administrative reconsideration to the district people's government or the comprehensive administrative law enforcement organ of urban management; If you are not satisfied with the decision on administrative punishment made by the comprehensive administrative law enforcement organ of urban management in the high-tech industrial development zone, you may apply for administrative reconsideration to the comprehensive administrative law enforcement organ of urban management in the city. Urban management comprehensive administrative law enforcement organs and relevant administrative departments shall establish and improve the linkage mechanism of information sharing and law enforcement, inform each other of administrative information such as administrative license and administrative punishment, and consult and copy files and other relevant materials; When an illegal act that should not be investigated and dealt with by the department according to law is found in law enforcement, it shall promptly notify the administrative department that has the right to investigate and deal with it in writing.
The urban management branch of the municipal public security organ shall cooperate with the comprehensive administrative law enforcement organs of urban management to do a good job in the comprehensive administrative law enforcement of urban management, and assist the comprehensive administrative law enforcement organs of urban management to collect and obtain relevant evidence according to law. Citizens, legal persons or other organizations shall support and cooperate with the comprehensive administrative law enforcement of urban management, and have the right to dissuade, report and complain about the illegal acts of urban management found.
Urban management comprehensive administrative law enforcement organs shall establish and improve the system of reporting and complaining about urban management violations, and announce to the public the telephone number, email address and email address that uniformly accept reporting and complaining.
Urban management comprehensive administrative law enforcement organs shall promptly investigate and handle reports and complaints that fall within the scope of their duties, and promptly transfer reports and complaints that do not fall within the scope of their duties to the relevant administrative departments for handling, and promptly inform the informants or complainants of the investigation and transfer. Urban management comprehensive administrative law enforcement organs shall disclose the scope of duties, law enforcement basis, punishment standards and law enforcement procedures, and accept public supervision.
City urban management comprehensive administrative law enforcement organs shall establish and improve the internal administrative law enforcement supervision mechanism, implement the supervision system of administrative law enforcement supervision and inspection, appraisal, supervision and inspection, accountability, etc., to ensure and supervise the urban management comprehensive administrative law enforcement personnel to perform their duties according to law.
Urban management comprehensive administrative law enforcement organs shall promptly verify and handle the public's reports and complaints to their law enforcement personnel, and feedback the results. Urban management comprehensive administrative law enforcement organs and other relevant administrative departments responsible for urban management are under any of the following circumstances, and the municipal and district people's governments shall order them to make corrections within a time limit and, depending on the seriousness of the case, hold the directly responsible personnel in charge and other directly responsible personnel accountable:
(a) cases that should be transferred to the competent authorities or law enforcement agencies are not transferred in time;
(two) continue to exercise the power of administrative punishment that has been exercised by the comprehensive administrative law enforcement organs of urban management;
(3) Refusing to provide explanations or professional opinions as required;
(4) Failing to perform or improperly performing other duties as stipulated in these Regulations. Urban management comprehensive administrative law enforcement organs and their staff abuse their powers, neglect their duties, engage in malpractices for selfish ends, and under any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be held accountable; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) can not be based on or in violation of legal procedures for law enforcement;
(two) in violation of law enforcement regulations, causing damage to citizens, legal persons or other organizations;
(3) Interception, private sharing or disguised sharing of confiscated illegal income, illegal property, sealed-up or detained property or fines;
(4) taking advantage of his position to ask for or accept the property of the party concerned;
(five) require the parties to bear the illegal obligations;
(6) Dereliction of duty, failure to stop or punish illegal acts that should be stopped or punished, resulting in damage to the legitimate rights and interests and public interests of citizens, legal persons or other organizations. Violation of planning management laws and regulations, under any of the following circumstances, without obtaining a planning permit for construction projects or failing to carry out construction in accordance with the provisions of the planning permit for construction projects, demolition within a time limit, confiscation of physical objects or illegal income, and may impose a fine of more than 5% 10% of the construction project cost:
(1) changing the nature of land use defined in the plan without authorization, endangering public safety or harming public interests;
(two) occupy the existing or reserved urban public green space, the scope of cultural relics protection and other public venues and public facilities;
(three) occupy the red line of urban road control, affecting urban road traffic;
(four) other laws and regulations can not take corrective measures to eliminate the impact. In violation of the provisions of the second paragraph of the first paragraph of Article 14 of this Ordinance, if the video monitoring device is not installed, the urban management comprehensive administrative law enforcement organ shall order it to be installed within a time limit, and if it is not installed within the time limit, the urban management comprehensive administrative law enforcement organ shall impose a fine of 5,000 yuan; If the video monitoring device is not used normally, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections. If no correction is made within the time limit, a fine of two thousand yuan shall be imposed.
In violation of the provisions of Article 14 of these regulations, those who fail to take dustproof measures shall be ordered by the construction administrative department to make corrections within a time limit, and if they fail to make corrections within the time limit and cause pollution to the atmospheric environment, they shall be fined between 5,000 yuan and 20,000 yuan; Those who fail to meet the requirements of local environmental protection laws and regulations within the time limit may be ordered to stop work for rectification. In violation of the provisions of the sixteenth paragraph of this Ordinance, the special transport vehicles are not used in accordance with the provisions, and the comprehensive administrative law enforcement organs of urban management shall order them to stop illegal transportation and impose a fine of more than 5,000 yuan in 500 yuan.
In violation of the provisions of the first paragraph of the second paragraph of Article 16 of this Ordinance, if the vehicle positioning device is not installed or used normally, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections within a time limit and impose a fine of 1000 yuan.
In violation of the provisions of the second paragraph of Article 16 of these regulations, failing to carry the approval certificate of construction waste disposal with the vehicle, the urban management comprehensive administrative law enforcement organ may temporarily detain the vehicle to the designated place; If the transport vehicle has no construction waste disposal approval certificate, the construction unit or the construction unit shall be fined between/kloc-0 and 50,000 yuan, and the transport unit shall be fined between 5,000 yuan and 30,000 yuan.
In violation of the provisions of Article 16, paragraph 2, item 3 of these regulations, those who fail to transport according to the approved transport route or time shall be ordered by the comprehensive administrative law enforcement organ of urban management to make corrections, and be fined between 200 yuan and 2000 yuan. In violation of the provisions of the first paragraph of Article 23 of these regulations, if the boundary noise of the business premises exceeds the environmental noise emission standards prescribed by the state, the competent administrative department of environmental protection shall order it to make corrections and impose a fine of not less than 500 yuan but not more than 2,000 yuan.
In violation of the provisions of the second paragraph of article twenty-third, no measures have been taken to reduce noise emissions and interfere with residents' lives, and the comprehensive administrative law enforcement organ of urban management shall order it to make corrections.
Whoever, in violation of the provisions of the third paragraph of Article 23 of these regulations, carries out construction work that produces environmental noise pollution from 22: 00 to 6: 00 the next day without approval, shall be ordered by the comprehensive administrative law enforcement organ of urban management to stop the operation, and may be fined more than 2,000 yuan 1 10,000 yuan.
In violation of the provisions of the fourth paragraph of Article 23 of these regulations, if a motor vehicle honks its horn in urban medical areas, cultural, educational and scientific research areas and areas dominated by residential buildings or institutions, the public security organ shall give it a warning and refuse to correct it, and impose a fine of 200 yuan; If a motor vehicle honks its horn on the road designated by the municipal public security organ at the specified time, the traffic management department of the public security organ shall impose a fine of 100 yuan. In violation of the provisions of Chapter II of this Ordinance, the Municipal People's Government may set administrative penalties according to law in case of any of the following acts:
(a) in violation of the provisions of Article 17 of these regulations, engaged in the collection, transportation and treatment of urban kitchen waste without approval, or in violation of other kitchen waste management regulations;
(two) in violation of the provisions of article twenty-fifth, the public parking information managed by large and medium-sized shopping malls, hotels, restaurants, cultural entertainment and other public parking lots is not included in the urban public parking information system;
(three) in violation of the provisions of the third paragraph of article twenty-sixth, planting vegetables within the scope of urban river management;
(four) in violation of the provisions of article twenty-seventh, did not comply with the relevant provisions of the pet management, or affect the city appearance and environmental sanitation, endangering the personal and property safety of others. In the urban areas of this Municipality that do not have the implementation conditions, with the approval of the Municipal People's Government, these Regulations may not be implemented temporarily.
Areas outside the urban areas of this Municipality with implementation conditions may be implemented with reference to these Regulations after being approved according to law. These Regulations shall come into force on June 20 1 year 1 day.