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20 19 Xiangtan City Appearance and Environmental Sanitation Management Bill
Full text of Xiangtan city appearance and environmental sanitation management regulations (draft)

Chapter I General Provisions

Article 1 In order to strengthen and standardize the management of city appearance and environmental sanitation, and create a clean, civilized and livable city environment, these Regulations are formulated in accordance with the Regulations of the State Council Municipality on the Management of City Appearance and Environmental Sanitation and other relevant laws and regulations, combined with the actual situation of this Municipality.

Article 2 (Scope of Application) These Regulations are applicable to the built-up areas of this Municipality, counties (cities) and other urbanization management areas delineated and announced by the people's governments of counties (cities, districts).

Article 3 Legislative Principles The management of city appearance and environmental sanitation adheres to the principles of unified leadership, graded responsibility, public participation and social supervision.

Article 4 The people's governments of cities and counties (cities, districts) shall incorporate the cause of city appearance and environmental sanitation into the national economic and social development plan to ensure the funds needed for the cause of city appearance and environmental sanitation.

Encourage and support the research and popularization of city appearance and environmental sanitation science and technology, promote the marketization and socialization of city appearance and environmental sanitation services, and guide social capital to participate in the construction and operation of environmental sanitation facilities.

Article 5 Management System The city and county (city, district) city appearance and environmental sanitation management departments are responsible for the city appearance and environmental sanitation management within their respective administrative areas. Township (town) people's governments and sub-district offices are responsible for the management of city appearance and environmental sanitation within their respective jurisdictions.

Other departments and units shall, in accordance with their respective responsibilities, do a good job in city appearance and environmental sanitation.

Article 6 Law enforcement requires that the city appearance and environmental sanitation administrative department should strictly regulate fair and civilized law enforcement, establish an information management system, an administrative discretion benchmark system, a law enforcement inspection system, a complaint acceptance and reward system, and implement a law enforcement responsibility system and an administrative fault accountability system.

Seventh publicity and education of the city people's government, news media, schools, medical and health units should strengthen the publicity and education of city appearance and environmental sanitation knowledge and related laws and regulations, and promote citizens to develop good health habits.

Any unit or individual shall respect the work of the city appearance and environmental sanitation staff, and shall not hinder or obstruct the city appearance and environmental sanitation staff from performing their official duties.

Eighth citizens who complain and report have the right to enjoy good city appearance and environmental sanitation, and have the obligation to maintain the city appearance and environmental sanitation.

Any unit or individual has the right to discourage and report violations of city appearance and environmental sanitation management.

Chapter II System of Responsibility Area for City Appearance and Environmental Sanitation

Ninth city appearance and environmental sanitation responsibility area to implement the responsibility area management system.

The area of responsibility for city appearance and environmental sanitation refers to the buildings, facilities, places and their areas within a certain range that the relevant units and individuals undertake the responsibility for city appearance and environmental sanitation management.

The person in charge of city appearance and environmental sanitation refers to the relevant units and individuals responsible for the operation and management of city appearance and environmental sanitation in the responsible area.

Tenth city appearance and environmental sanitation responsibility areas and responsible persons shall be determined in accordance with the following provisions:

(a) public areas such as primary and secondary roads, bridges, underground passages, squares, public toilets, bus stops, garbage transfer stations, etc., shall be responsible for the city appearance and environmental sanitation management unit;

(two) back alleys, residential areas without property management, by the street office; The residential area where property management is implemented shall be the responsibility of the property service enterprise;

(three) shopping malls, supermarkets, bazaars, exhibition venues, hotels, restaurants, gas stations and other places, by its management unit is responsible for;

(four) roads, railways, rail transit, tunnels, stations, docks, parking lots and their ancillary facilities that pass through the city shall be in the charge of the business management units;

(five) electric power, telecommunications, postal services, water supply, gas supply, oil supply and other public facilities, by the management unit;

(six) rivers, ditches, lakes and other public waters and coastal management scope, the management unit is responsible for;

(seven) the construction site shall be the responsibility of the construction unit; The property right unit is responsible for the land to be built;

(eight) parks, green spaces, scenic spots and cultural, sports, entertainment and other public places, by the management unit;

(nine) organs, organizations, military units, schools, enterprises and other units and their surrounding areas approved by the unit;

(ten) all kinds of shops and stalls, by the operators.

The city appearance and environmental sanitation in other areas shall be the responsibility of the township (town) people's government and the sub-district office.

If the owner, manager and user mentioned in the preceding paragraph have an agreement on the responsible person, such agreement shall prevail. If the responsible area or person is not clear, it shall be determined by the local township (town) people's government and sub-district office; If the responsibility of the responsibility area across administrative regions is not clear, it shall be determined by the people's government at the next higher level. After determining the responsible area and responsible person, it shall notify the responsible person in writing.

Article 11 The letter of responsibility requires the Municipal People's Government to formulate city appearance and environmental sanitation standards according to the provisions of the state and the actual situation of this Municipality.

Units and individuals responsible for city appearance and environmental sanitation shall perform their responsibilities in accordance with the requirements of city appearance and environmental sanitation standards of this Municipality.

Chapter III City Appearance Management

Twelfth buildings (structures) should be kept in good shape, clean and beautiful, and in harmony with the surrounding environment.

Facilities and equipment such as building awnings, awning tents, overhanging porches, solar panels, outdoor air conditioners, anti-theft nets, etc. on the facade of a building or on the top of a building shall be uniformly standardized and set up, and meet the standards of urban appearance.

Building (structure) facade, roof, balcony, window, platform, corridor, shall not be stacked, hanging unsightly items.

Prohibit the use of street buildings (structures), urban road facilities, trees and other ropes to dry goods and hang banners.

Thirteenth city roads and ancillary facilities of road appearance management should meet the standards of city appearance.

No unit or individual is allowed to dig urban roads without authorization. Clear signs and safety fence facilities should be set up when digging roads. After the excavation is completed, the temporary facilities shall be dismantled, the site shall be cleaned, and the site shall be restored to its original state in time.

No unit or individual is allowed to pile materials, build buildings or other facilities on both sides of urban roads and public places without authorization.

Fourteenth management buildings in front of isolation facilities on both sides of the road, landscape walls, hedges, fences, flower beds, lawns and other boundaries should be selected according to the needs; If the solid wall or landscape fence used at the boundary of building land is damaged, falls off or is polluted, it shall be repaired, maintained or cleaned in time.

Idle land or land to be built, the street side should be set up with a physical enclosure.

Article 15 Temporary Operation and Management No unit or individual may occupy urban roads, underpasses, footbridges and other public places without authorization to set up stalls for operation, sell goods, hire workers, distribute advertisements and other activities.

Article 16 Road Traffic Management All kinds of vehicles driving on urban roads shall be kept in good condition, clean and orderly parked, and shall not occupy urban roads at will.

When transporting sand, gravel, muck, cement and other bulk goods and vehicles such as liquid, garbage and feces on urban roads, measures such as sealing, full coverage and cleaning shall be taken, and no leakage, spillage or muddy operation shall be allowed.

Seventeenth store management store facade operators shall not have the following acts:

(a) placing items or engaging in business activities outside doors, windows and walls;

(two) without setting a slope on the curb;

(three) unauthorized installation of locks and cement piers on the sidewalk.

Eighteenth door plaque, electronic display screen, city landscape lights, lighting, commercial windows, poster columns, newspaper columns, galleries, inflatable devices, physical modeling and other outdoor facilities. It should be coordinated with the city street view and meet the standards of city appearance. If it is damaged or defiled, the setting unit shall refresh, replace, repair or dismantle it in time.

Nineteenth city, county (city, district) people's government or neighborhood offices, township (town) people's government should set up public billboards according to the planning to meet the needs of the public to release information, and be responsible for daily management and cleaning.

It is forbidden to scribble, depict or post slogans, publicity materials and small advertisements that affect the city appearance on urban roads, squares, overpasses, buildings (structures), public facilities, temporary construction enclosures and trees.

Twentieth urban public green spaces such as hedges, flower beds and lawns within the scope of urban greening management should be kept clean and beautiful, without obvious pests and diseases and bare land.

Street trees should be trimmed regularly to keep the trees clean and tidy, and the crown is beautiful; No trees, no dead trees, no dead trees, don't interfere with vehicles and pedestrians.

It is forbidden to damage urban trees, flowers and green facilities.

Twenty-first overhead pipeline management and installation should meet the standards of city appearance; No new overhead pipeline facilities shall be built in public places in main streets and key areas.

Existing does not meet the standards of city appearance, should be gradually transformed or take hidden measures.

Twenty-second urban waters management of rivers, ditches, lakes and other urban public waters, should keep the water surface and bank slope clean, timely removal of garbage, feces, oil, animal carcasses and other wastes.

Article 23 Management of Morning Markets and Night Markets Operators who engage in small commodities and catering services in morning markets and night markets shall go through relevant industrial and commercial registration procedures and set up stalls at designated places.

Business owners shall operate in a civilized manner within the specified time, keep the site clean and tidy, and clean it up in time, and shall not leave any sundries.

Business owners shall not affect traffic, fire safety and the normal life of others, and shall not occupy or damage public facilities in public places.

Chapter IV Urban Environmental Sanitation Management

Twenty-fourth health management prohibited acts prohibit the following acts that affect the environmental sanitation of public places:

(a) spitting and urinating;

(two) littering, scraps of paper, cigarette butts, betel nut residue, chewing gum and other wastes;

(three) dumping garbage, sewage, feces, littering animal carcasses;

(4) Discarding or cleaning wastes outside the vehicle;

(five) burning garbage or other wastes in open places and garbage collection containers;

(six) occupy urban roads and public places to engage in car washing, painting, maintenance and other activities;

(seven) cleaning or dumping garbage into flower beds, green belts and manholes;

(8) Setting off firecrackers and throwing scraps of paper along the way;

(nine) other acts that affect the environmental sanitation of public places.

Twenty-fifth temporary business activities in the designated area and within the specified time, the operator or organizer shall keep the place and the surrounding environment clean and tidy, and shall not pollute or damage the road surface.

Twenty-sixth sanitation paid services for urban environmental sanitation to implement a paid service system. The charging standards for paid services shall be implemented in accordance with the relevant provisions of the Hunan Provincial People's Government.

Units and individuals that produce garbage shall pay service fees in accordance with the charging standards stipulated in the preceding paragraph.

Twenty-seventh units and individuals that produce domestic garbage shall, in accordance with the requirements of the designated time and place, put the domestic garbage into the designated garbage container or collection place.

Twenty-eighth construction waste disposal units shall apply to the county (city, district) environmental sanitation administrative department where the construction waste is located, and can be disposed of only after approval.

The construction unit shall promptly remove the construction waste generated in the construction process to prevent environmental pollution.

The transportation of construction waste shall carry the approval document of construction waste disposal with the vehicle, and transport and dump it according to the prescribed route, time and place.

Article 29 Waste cooking oil and other kitchen wastes generated by kitchen waste generating units and catering operators shall be collected separately, sealed or entrusted to environmental health professional service units for collection and storage, and treated harmlessly, and shall not be disposed of at will.

It is forbidden to directly discharge kitchen waste into the urban drainage pipe network.

Article 30 The garbage removal requirements of environmental sanitation removal units and relevant business management units shall meet the following requirements:

(a) the garbage generated on the same day shall be removed on the same day, and shall not be piled up, and the shipping site must be cleaned up;

(2) It shall be sealed and covered during transportation, and shall not be discarded or leaked along the way;

(3) Dumping and consumption at designated places.

Thirty-first animal health management prohibits raising poultry, livestock and edible pigeons in urban built-up areas; Due to the special needs of teaching and scientific research, it must be approved by the local administrative department of city appearance and environmental sanitation before it can be kept in captivity, and it shall not affect the surrounding environmental sanitation.

Carrier pigeon breeders should take effective measures to prevent the impact on city appearance and environmental sanitation; It is forbidden to build dovecotes on balconies, windows and roofs of buildings.

The management of dogs and pets shall be formulated separately by the Municipal People's Government.

Thirty-second public toilets require that public toilets should be set with obvious, standardized and unified signs, open to the public free of charge, washed and cleaned on time, disinfected regularly, and kept clean inside and outside.

Users should consciously maintain the cleanliness and hygiene of public toilets and take care of the equipment in public toilets.

Encourage and support units along the street to use toilets.

Article 33 Protection of Environmental Sanitation Facilities No unit or individual may occupy, damage, dismantle or close environmental sanitation facilities without authorization, or change the use of environmental sanitation facilities without authorization.

If environmental sanitation facilities need to be dismantled due to urban construction, the construction unit shall report to the municipal and county (city, district) administrative department of city appearance and environmental sanitation for approval, and the construction unit shall be responsible for reconstruction according to the principle of first building and then dismantling.

Chapter V Legal Liability

Article 34 If a person who violates the cleaning responsibility violates the provisions of the second paragraph of Article 11 of these regulations and fails to perform the cleaning responsibility, he shall be ordered to make corrections and may be fined more than 5,000 yuan 100 yuan.

Where the administrative department of city appearance and environmental sanitation, the people's government of a township (town) or the sub-district office violates the provisions of the second paragraph of Article 11 of these regulations, the unit to which they belong or the competent department at a higher level shall give sanctions to the directly responsible person in charge.

Article 35 If the person in charge of ancillary facilities violates the provisions of the second paragraph of Article 12 of these regulations, he shall be ordered to renovate or dismantle it, and may be fined more than 100 yuan and less than 1000 yuan.

In violation of the provisions of the third and fourth paragraphs of Article 12 of this Ordinance, it shall be ordered to correct the illegal act and may be fined 100 yuan.

Thirty-sixth in violation of the provisions of the provisions of article fifteenth of the road order responsible person, can be fined from 50 yuan to 500 yuan.

Thirty-seventh in violation of the provisions of the second paragraph of article sixteenth of the road traffic responsibility, shall be ordered to make corrections, and may impose a fine of more than 3000 yuan in 500 yuan.

Article 38 Whoever violates the responsibility of store facade management and the provisions of the first paragraph of Article 17 of these regulations shall be ordered to make corrections within a time limit and may be fined between 65,438 yuan and 65,438 yuan and 0,000 yuan.

In violation of the second and third provisions of Article 17 of these regulations, it shall be ordered to make corrections within a time limit, and individuals may be fined more than 100 yuan 1000 yuan; The unit can be fined 1000 yuan.

Article 39. If the person responsible for scribbling or pasting violates the provisions of the second paragraph of Article 19 of these regulations, he may be ordered to correct the illegal act and take remedial measures, and may also be given a warning or fined not more than 200 yuan.

Article 40 Whoever, in violation of the responsibility of urban greening and the provisions of the third paragraph of Article 20 of these regulations, damages urban trees, flowers and plants and greening facilities shall be restored to the original state or compensated according to the price, and may be fined more than 100 yuan 1000 yuan.

Forty-first in violation of the provisions of the morning market, night market management, in violation of the provisions of article twenty-third, shall be ordered to stop the illegal behavior, and may impose a fine of more than 2000 yuan in 200 yuan.

Damage to public facilities in public places shall be compensated according to the price.

Forty-second persons responsible for violating the prohibition in violation of the provisions of Article 24 of these regulations, in addition to ordering them to correct the illegal acts and take remedial measures, may also be given a warning or fined a maximum of 200 yuan.

Forty-third temporary business activities in violation of the provisions of article twenty-fifth, in addition to being ordered to correct the illegal behavior and take remedial measures, you can also give a warning or impose a fine of more than 65438 yuan in 500 yuan.

Article 44 Anyone who violates the provisions of Article 29 of these regulations and the provisions on the treatment of kitchen waste shall be ordered to make corrections within a time limit. If no correction is made within the time limit, he may designate a professional environmental sanitation service unit to collect and dispose of it, and the expenses shall be borne by the violator, and a fine of not less than 3,000 yuan from 500 yuan shall be imposed.

Forty-fifth in violation of the provisions of the first paragraph of article thirty-first, in violation of the responsibility of animal management, shall be ordered to deal with it within a time limit or be confiscated, and may be fined from 50 yuan to 200 yuan.

In violation of the provisions of the second paragraph of article thirty-first, shall be ordered to dismantle, and may impose a fine from 50 yuan to 200 yuan.

Article 46 Whoever, in violation of the provisions on performing official duties, refuses or obstructs the city appearance and environmental sanitation administrative law enforcement personnel from performing official duties, or insults or beats the city appearance and environmental sanitation personnel or obstructs them from performing official duties according to law, violating the administration of public security, shall be punished by the public security organs according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Forty-seventh law enforcement officers illegal responsibility of city appearance and environmental sanitation administrative law enforcement officers in any of the following circumstances, the unit or the higher authorities, supervisory organs shall be ordered to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) the license application, complaint or report that should be accepted according to law is not accepted, or it is not handled according to law;

(2) failing to stop or punish illegal acts that should be stopped or punished according to law, or failing to deal with them according to law;

(3) shielding or conniving at the violator;

(four) there are other dereliction of duty, abuse of power or favoritism.

Forty-eighth parties to legal relief who are dissatisfied with the administrative act made by the administrative department of city appearance and environmental sanitation may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Chapter VI Supplementary Provisions

Article 49 Where the laws and regulations have provisions on legal liability for acts in violation of these regulations in the superior law, those provisions shall prevail.

Article 50 Effective date: These Regulations shall come into force as of the date of promulgation.