What are the criteria for determining illegal outdoor billboards and what is the basis for their enforcement?

Every city has different standards. The judgment standard depends on your relationship with the official and whether you have paid enough money. The society is very realistic. Chinese officials are blind to money and are deceitful. Advertisements are everywhere and I haven’t seen any that say it’s illegal! !

Guangzhou Municipal Outdoor Advertising Management Measures

Guangzhou Municipal People’s Government

The "Guangzhou Municipal Outdoor Advertising Management Measures" was promulgated at the municipal government executive meeting on May 18, 1998 After discussion and approval, it is now promulgated and will come into effect on August 1, 1998.

Chapter 1 General Provisions

Article 1 To strengthen the management of outdoor advertising in this city, standardize outdoor advertising activities, maintain the cleanliness and beauty of the city, and promote the healthy development of outdoor advertising. These measures are formulated in accordance with the "Advertising Law of the People's Republic of China" and other relevant laws and regulations, and in combination with the actual situation of this city.

Article 2 Outdoor advertising as referred to in these Measures includes:

(1) Street signs and neon lights that use construction sites, structures, and spaces in public or self-owned sites , electronic display boards (screens), light boxes, windows, signboards and other advertisements;

(2) Advertisements set up, drawn and posted using means of transportation (including various floating objects on the water and flying objects in the air);

(3) Advertisements set up, drawn, hung and posted outdoors in other forms.

Article 3 These Measures shall apply to all units and individuals engaged in outdoor advertising such as setting up, drawing, hanging and posting within the administrative area of ??this city.

Article 4 Advertisers, advertising operators, and advertising publishers shall engage in outdoor advertising activities within the approved business scope in accordance with the law.

The setting of outdoor advertising must comply with the requirements of urban planning and must not affect urban landscape, greening, scenic spots, traffic, and fire safety.

Article 5 The administrative departments for industry and commerce at all levels in this city are the supervisory and administrative agencies for outdoor advertising in this city and are responsible for the supervision and management of units and individuals engaged in outdoor advertising activities.

The urban planning department is responsible for the planning and management of outdoor advertising settings, determines the areas, road sections and installation requirements for outdoor advertising, and reviews important areas, important road sections and areas of more than 50 square meters (excluding this number, the same below) Outdoor advertising.

The city appearance and environmental sanitation department is responsible for the review and management of the installation of outdoor advertisements over 50 square meters and the review and management of hanging and posting outdoor advertisements. Damage, mutilation and other outdoor advertisements that affect the appearance of the city will be investigated and punished in accordance with the law.

Administrative departments such as urban construction, municipal gardening, public utilities, and public security should coordinate and supervise outdoor advertising according to their respective responsibilities.

Article 6 No outdoor advertising shall be published without approval and registration by the industrial and commercial administration department.

Chapter 2 Release Plan

Article 7 The content of outdoor advertising must be true, legal, and in line with the requirements of the construction of socialist spiritual civilization. Advertisements must not contain false content and must not deceive or mislead consumers in any form.

Article 8 The use of text, Chinese pinyin, trademarks, measurement units, etc. in outdoor advertisements must comply with national regulations and be written accurately and accurately.

Article 9 Outdoor advertisements shall not be set up under any of the following circumstances:

(1) Using traffic safety facilities and traffic signs;

(2) ) Affecting the use of municipal public facilities, traffic safety facilities, and traffic signs;

(3) Impeding production or people’s lives, affecting smooth roads, and damaging the appearance of the city;

(4) Construction control zones of state agencies, cultural relics protection units, monumental buildings, representative modern buildings and scenic spots;

(5) Use of power poles, telecommunication poles, tram poles and street lights (6) Using illegal buildings, dangerous buildings and other buildings and facilities that may endanger safety;

(7) Using sidewalks and city squares (except commercial streets and pedestrian streets) ), green belts and other public places to set up signboard advertisements (including company name signs);

(8) Set up tobacco advertisements in various waiting rooms, theaters, conference halls, and sports competition venues ;

(9) Commercial outdoor advertisements are set up on building exterior walls, podiums, roofs, railings and walls in non-commercial areas;

(10) People at or above the county level Areas where the government prohibits outdoor advertising.

Article 10: Strictly control the installation of street sign advertisements on urban roads. The installation of street sign advertisements on commercial streets or pedestrian streets shall comply with the requirements of urban planning.

In this city, Zhongshan Road, Huanshi Road, Beijing Road, Shangjiu Road, Xiajiu Road, Changdi Road, Nonglinxia Road, Shuqian Road, Huanshi Road, Jiangnan Avenue, Tianhe Road, For outdoor advertisements in key commercial districts such as Hongde Road, neon lights are encouraged.

Article 11 Strictly control the number of outdoor advertisements set up in the following areas and places: (1) Guangzhou Railway Station, Guangzhou East Railway Station, and the airport;

(2) Haizhu Square, Tianhe Sports Center, Zhujiang New Town;

(3) Dongfeng Road, Jiefang Road, Liuhua Road;

(4) Toll stations and bridges , viaducts, bridge piers, and pedestrian bridges (except those funded by advertising).

If long-term fixed outdoor advertisements are set up in the above places, they should use neon lights, electronic display screens, computer paintings, etc.

Article 12 Outdoor advertising on pedestrian bridges must be in the form of transparent, neon lights, and the occupied area must not exceed the bridge itself.

Article 13 Decorative lighting used for commercial outdoor advertising shall be included in the management of outdoor advertising.

Article 14 The design, production and installation of outdoor advertising facilities shall comply with corresponding technical and quality standards and meet the following requirements:

(1) The distance between billboards shall be 10 kV The clear distance between high-voltage conductors shall not be less than 1.5 meters;

(2) The clear distance between billboards and low-voltage conductors or telephone lines shall not be less than 0.5 meters;

(3) Billboards The distance between the outer edge and the facade of the building (structure) shall not exceed 1.8 meters;

(4) The distance between the billboard and the ground shall not be less than 4.5 meters, and it shall be installed above the covered sidewalk. , the distance from the ground shall not be lower than 2.8 meters;

(5) Outdoor advertisements shall not be placed below 4.5 meters above the fire escape passages in urban streets and within 3.5 meters in width;

(6) Electrical facilities for outdoor advertising must comply with the provisions of the "Guangzhou Area Electrical Installation Regulations" and the relevant regulations of the power supply department;

(7) Banners and slogans must not be hung across Road; the hanging period shall not exceed 15 days.

Article 15 Units and individuals who set up outdoor advertising are responsible for the safety of outdoor advertising facilities. Outdoor advertisements with a single board area of ??more than 50 square meters must apply for safety insurance.

Article 16 An enterprise’s signboard advertisement shall be consistent with the enterprise’s registered name. The setting of corporate signboards and advertisements should be coordinated and neat on the same road.

Enterprises that deal in exclusive products may publish advertisements for exclusive products on the signboard section, but the area shall not exceed 1/2 of the signboard space, and advertisements for non-exclusive products shall not be published.

Article 17 Approved outdoor advertisements must be marked with the "Outdoor Advertisement Installation License" number and the name of the operator (except neon advertisements) in the lower right corner.

Chapter 3 Planning, Approval, Registration and Management

Article 18 The setting of outdoor advertising shall comply with urban planning requirements.

The planning for the installation of outdoor advertising plaques in important areas shall be formulated by the urban planning administrative department in conjunction with relevant departments such as industry and commerce, city appearance and sanitation, public security, and municipal gardens. After the specific plan is submitted to the Municipal People's Government for approval, the implementation will be supervised by the industrial and commercial administrative department.

The installation of outdoor billboards in important urban areas and over 50 square meters must first obtain the consent of the urban planning department. Among them, the installation of outdoor advertisements exceeding 50 square meters must also obtain the consent of the city appearance and environmental sanitation management department.

The setting of banners and slogans shall be approved and managed by the city appearance and environmental sanitation management department.

The installation of outdoor billboards in other areas with a single or assembled total area of ??less than 50 square meters (including 50 square meters) shall be subject to the approval of the municipal industrial and commercial administration department, but must comply with the urban appearance standards stipulated by the state. .

Article 19 All units and individuals operating outdoor advertising must apply for a business license from the industrial and commercial administration department and obtain the right to operate outdoor advertising before they can operate.

Article 20 If advertising operators and foreign advertising companies outside the Guangzhou area need to operate outdoor advertising in this city, they must entrust advertising operators with corresponding outdoor advertising operating rights in this city to undertake the operation, and are not allowed to do so on their own. This city is engaged in outdoor advertising business activities.

Article 21 Application for setting up outdoor advertisements shall be handled according to the following procedures:

(1) After the applicant contacts the venue where the billboard will be set up, the applicant shall submit the application to the municipal administrative department for industry and commerce. Apply, and submit advertising samples, advertising contracts and relevant certification materials at the same time;

(2) The setting of outdoor advertising, the site involves traffic, roads, municipal facilities, or buildings in the airport clearance control area If an advertising plaque is set up on the top, the consent of the relevant departments must be obtained in advance;

(3) After receiving the application, the municipal administrative department for industry and commerce shall directly review and approve it, and shall make a decision within 7 working days and send it to the municipal administrative department for approval. City appearance and sanitation management department for filing. If it needs to be submitted to the planning, city appearance and environmental sanitation or relevant departments for comments, the relevant departments should respond within 15 working days whether they agree or not;

(4) If the application passes the review, it will be issued by the municipal administrative department for industry and commerce. "Outdoor Advertising Registration Certificate".

Article 22 If it is necessary to set up temporary outdoor advertising for no more than two months for cultural, sports, public welfare and other activities sponsored by enterprises, it must entrust an outdoor advertising operator to undertake it and report to the industrial and commercial administration The department submits an application and can only set it up after approval.

Article 23 Outdoor advertisements must be published according to the registered location, form, specifications, time and other contents, and may not be changed without authorization.

Article 24 If it has been approved but needs to change the registration items, it shall be applied to the original approval and registration management department to go through the change registration procedures before it can be released.

Article 25: Outdoor advertising facilities approved in accordance with the law are temporary urban structures. Except for changes by the advertising registration and management agency in accordance with legal procedures, no other unit or individual may occupy, dismantle, cover or damage them. .

If the approved outdoor advertising is a temporary urban structure and it is necessary to dismantle the outdoor advertising due to urban construction or other special circumstances, the industrial and commercial administration department must first notify the industrial and commercial administration department in writing, and the industrial and commercial administrative department shall notify the outdoor advertising installation in writing The user can dismantle it by themselves.

Outdoor advertising spaces shall not be left vacant. If the contract expires and the advertisement cannot be released in time, public service advertisements should be used to supplement the space.

Article 26 Outdoor advertising venue occupancy fees shall be charged according to the standards approved by the price department.

Article 27 If enterprises and individual industrial and commercial households set up signboard advertisements in their own premises (including those with property rights or use rights) that are consistent with the items registered in the business license, they must submit the advertisement samples. You must apply for registration with the industrial and commercial administrative department of the district or county-level city where you are located, and relevant supporting materials. The "Signboard Advertising Registration Certificate" can be issued by the industrial and commercial administrative department that accepts the application before it can be set up.

Article 28 The establishment of public advertising columns shall be planned uniformly by the industrial and commercial administrative departments of the district and county-level cities in conjunction with the urban planning departments at the same level. Responsible for the establishment and management, and reporting to the municipal industrial and commercial administration department for filing.

Article 29 Units and individuals who need to post various economic, cultural, and social advertisements on public advertising boards must register with the industrial and commercial administration department of the district or county-level city where the advertisements are posted. , posted uniformly by advertising companies entrusted by district and county-level city industrial and commercial administration departments.

It is prohibited to post advertisements on buildings, structures, trees, poles and other public facilities other than public advertising boards.

Article 30 The "Outdoor Advertising Registration Certificate" is valid for one year. If it needs to be continued after the expiration, the renewal procedures should be completed with the original approval and registration management department 15 days before the expiration of the validity period. If the application is not processed within the time limit, the registration management department shall order it to stop publishing advertisements; if the circumstances are serious, the registration management department shall cancel its registration certificate.

Article 31 If outdoor advertisements are placed on buildings (structures) or other carriers, the publisher is responsible for the repair, maintenance, replacement, and removal. If it is set independently, the setter shall be responsible; if there is an agreement, it shall be implemented according to the agreement.

Article 32 The unit or individual responsible for the maintenance and management of outdoor advertisements should frequently check the installation of outdoor advertisements and find that patterns, text, and lighting are incomplete, old, dirty, corroded, damaged, deformed, and discolored. , dirty, etc., they should be restored or demolished immediately. Outdoor advertisements that have expired or lost their use value should be removed in time.

Article 33 Outdoor advertising operators and units or individuals that rent out venues shall pay advertising management fees to the outdoor advertising registration and management department in accordance with the standards approved by the price department.

Chapter 4 Legal Responsibilities

Article 34 Anyone who commits any of the following illegal acts shall be punished by the industrial and commercial administration department:

(1) Anyone who violates the provisions of Articles 6, 19, 20, and 22 of these Measures and publishes outdoor advertisements without registration shall have the illegal gains confiscated by the registration management authority and be fined not more than 5,000 yuan;

(2) Anyone who violates Article 23, Article 24 or Article 25 of these Measures shall be fined not less than RMB 1,000 but not more than RMB 3,000;

( 3) In violation of the provisions of Article 33 of these Measures, advertising operators, rental site units or individuals who default on advertising management fees shall pay a late fee of 3% of the amount payable for each day in arrears;

(IV) ) Violation of other provisions of these Measures shall be punished in accordance with relevant advertising management regulations.

Article 35 Any outdoor advertisement set up in violation of these Measures shall be ordered by the urban planning or city appearance and environmental sanitation management department to correct or dismantle it within a time limit; if it fails to correct or dismantle it within the time limit, it shall be forcibly dismantled in accordance with the law. The cost is borne by the advertiser.

Article 36 If anyone violates the provisions of Article 32 of these Measures and fails to perform restoration or demolition after being ordered to do so within the time limit, the city appearance and environmental sanitation management department shall forcibly demolish it. The required expenses shall be borne by the responsible persons specified in Article 31 of these Measures and shall be punished in accordance with the law.

Article 37 Anyone who violates Article 29 of these Measures and posts advertisements indiscriminately shall be punished by the city appearance and environmental sanitation management department in accordance with relevant laws and regulations.

Article 38 If the party who is punished is dissatisfied with the penalty decision of the relevant administrative agency, he may apply to the higher administrative agency or the people's government at the same level within 15 days from the date of receipt of the penalty notice. Reconsideration. If you are still dissatisfied with the reconsideration decision, you may directly file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. The parties may also file a lawsuit directly with the People's Court within 15 days

from the date of receipt of the penalty decision.

Chapter 5 Supplementary Provisions

Article 39 These Measures shall come into effect on August 1, 1998. Before the implementation of these Measures, if the contents of other relevant advertising regulations formulated by this city are inconsistent with these Measures, these Measures shall prevail.