Decision of the Hefei Municipal People's Government on Amending the "Hefei Municipal Outdoor Advertising and Signboard Settings Management Measures" and other government regulations

1. Modify the "Hefei City Outdoor Advertising and Signboard Settings Management Measures"

(1) Amend the second article to: "This method applies to the urban area of ??this city The installation and management activities of indoor and outdoor advertising and signboards

“The supervision and management of outdoor advertising content and public service announcements shall be carried out in accordance with the provisions of relevant laws, regulations and rules.

“The outdoor advertising setting referred to in these Measures refers to the use of the following carriers to set up text, images, electronic light and shadow display devices, physical modeling, etc. to the outdoors by means of installation, hanging, posting, broadcasting, projection, etc. The act of advertising in space:

“(1) Buildings and ancillary facilities;

“(2) Roads, squares, bus stops, bus shelters, etc. Municipal facilities;

"(3) Green spaces, waters and other public spaces;

"(4) Vehicles, ships and other means of transportation, or airships, balloons and other aerial devices;

“(5) Other carrier forms.

“Signboard installation as mentioned in these Measures refers to the installation of signs, logos, light boxes, Neon lights, font symbols, etc.”

(2) Amend Article 3 to read: “The installation of outdoor advertisements and signboards shall comply with relevant planning and technical specifications, be compatible with urban regional planning functions, and be consistent with The style of the building (structure) should be coordinated with the surrounding environment.

“Outdoor advertising and signboard facilities should be solid and safe and must not affect the function of the building (structure) itself and adjacent buildings (structures). The ventilation and lighting of the building shall not hinder traffic and fire safety.

“Outdoor advertising and signboard facilities should meet energy conservation and environmental protection requirements. Outdoor advertising and signboard facilities are encouraged to adopt new technologies, new materials, and new processes.”

(3) Change the fourth The article is modified to read: "The Municipal Outdoor Advertising Planning and Setting Management Committee (hereinafter referred to as the Municipal Broadcasting Management Committee) is responsible for the review and approval of detailed planning and auction plans for outdoor advertising settings, and studies and decisions on major issues in outdoor advertising settings.

" The urban management administrative department of the Municipal People's Government (hereinafter referred to as the municipal urban management department) is the department in charge of outdoor advertising and signboard installation in this city and is responsible for the planning, management and comprehensive coordination of outdoor advertising and signboard installation.

“The urban management administrative department of the District People’s Government (Development Zone Management Committee) (hereinafter referred to as the district (development zone) urban management department) shall do a good job in the supervision and management of outdoor advertising and signboard settings in the region in accordance with the law.

“Natural resources and planning, urban and rural construction, public security, market supervision, transportation, forestry and gardening, finance and other departments and agencies responsible for publicity and spiritual civilization construction shall do a good job in setting up outdoor advertising and signboards in accordance with their respective responsibilities. Management related work. ”

(4) In paragraph 2 of Article 5, “Planning and other departments” are changed to “Natural Resources and Planning and other relevant departments”, and “Municipal Government” is changed to “Municipal People’s Government”; Article 5 The third paragraph is revised to read: "The district (development zone) urban management department shall prepare a detailed plan for the outdoor advertising installation in the area based on the special plan for outdoor advertising installation. After approval by the district people's government or the development zone management committee, it shall be reported to the Municipal Broadcasting Management Committee for approval. and promulgate and implement"; "Urban master plan" in paragraph 4 is changed to "land spatial planning".

(5) "Planning, construction, public security, transportation" in Article 6 is changed to "land spatial planning" "Natural resources and planning, urban and rural construction, public security, transportation".

(6) Change the first paragraph of Article 7 to Article 7, and amend it to read: "Under any of the following circumstances, outdoor advertising is prohibited:

" (1) Using traffic safety facilities and traffic signs;

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

"(3) Impeding production or people's lives and damaging the appearance of the city;

"(4) Within the construction control zones of kindergartens, schools, state agencies, cultural relics protection units and scenic spots;

“(5) Using the top of the building or beyond the top outline;

“(6) Using the residential part of a residential building or comprehensive building;

“ (7) Using pedestrian bridges, railway overpasses, highway overpasses and other types of bridges;

"(8) Using street trees or damaging greening and affecting the green landscape;

"(9) ) endangering the safety of buildings or using illegal buildings (structures) or dangerous houses;

“(10) Other situations prohibited by laws and regulations.”

(7) ) Change the second paragraph of Article 7 to Article 8, and amend it to read: "It is prohibited to set up the following forms of outdoor advertising:

" (1) High pillar advertisements and cross-street advertisements;

"(2) Use the facades of buildings along the street to set up advertisements by hanging curtains or posting, spray-painting, graffiti, etc.;

"(3) Use hand-held signs and other methods to display mobile advertisements. ”

(8) The first to sixth items in Article 21 are changed to Article 9, and the “night scene light source” in the fourth item is changed to “illumination”; the fifth item is changed to : "(5) Signboards set up on the same building should have unified design requirements; generally, a subject can only set up one signboard. If it is located at a corner along the street, with shops (doors) on both sides and belongs to the same owner, it can "Separately set up shop (door) surfaces on both sides."

(9) Change items 7 to 9 in Article 21 to Article 10, and amend it to: "It is prohibited to set up signboards in the following situations :

“(1) Using the top of the building or beyond the top outline;

“(2) Occupying urban roads, green belts and other urban public facilities;

“(3) Writing, hanging, and pasting directly on the facades of buildings along the street and inside and outside of shop windows.”

(10) Change Article 8 to Article 11 and amend For: "If public carriers (including space, the same below) are used to set up commercial outdoor advertisements, the right to use the carriers shall be obtained through auction. After the auction plan is approved by the Municipal Broadcasting and Broadcasting Administration Committee, the urban management department of the district (development zone) or The relevant management departments shall entrust the Municipal Public Security Resources Trading Center to conduct auctions in accordance with the law. The auction plan shall require the release of a certain number of public service advertisements.

“The use of non-public public security carriers to set up commercial outdoor advertisements shall be in accordance with the law. Based on the principles of equality, voluntariness and compensation, after the district (development zone) urban management department signs a written agreement with the carrier property owner, the carrier use rights will be collected and included in the scope of the auction.

“The buyer who obtains the right to use commercial outdoor advertising carriers through auction shall sign the "Outdoor Advertising Carrier Use Rights Contract" with the district (development zone) urban management department or relevant management department with the transaction confirmation. Required When constructing outdoor advertising facilities, the buyer shall construct them in accordance with the requirements stipulated in the contract and handle relevant procedures in accordance with the law."

(11) Article 9 is changed to Article 12 and revised to read: "Utilization. If a non-public carrier sets up large-scale outdoor advertisements to promote its own goods and services, the installer shall apply to the municipal urban management department before setting up and provide the following information:

"(1) Outdoor Application for advertising installation;

"(2) Certificate of right to use non-public media;

"(3) Design plan for outdoor advertising facilities.

“The municipal urban management department shall make a decision on whether to approve it within 20 working days from the date of acceptance; it needs to be handled jointly with relevant departments such as natural resources and planning, urban and rural construction, public security, and market supervision. , shall not exceed 45 working days.

"

(12) Add one article as Article 13: "If a non-public media is used to set up other outdoor advertisements to promote their own goods and services, the setter shall notify the owner before setting up. The municipal urban management department obtains the technical requirements for setting up.

“The municipal urban management department shall propose technical requirements for the installation within 10 working days based on the outdoor advertising installation plan and technical specifications.”

(13) Add an article as the 10th Article 4: "If the application for the installation of large-scale outdoor advertising is reviewed and approved or the right to use the large-scale outdoor advertising carrier is obtained through auction, the municipal urban management department shall issue an "Outdoor Advertising Installation Permit". The "Outdoor Advertising Installation Permit" shall specify the location, Matters such as form, specifications, period, and handling of expiration of facilities, etc.

“The installation period of electronic display boards (screens) shall not exceed 5 years, and the installation period of other outdoor advertisements shall not exceed 3 years. "

(14) Change Article 11 to Article 16, and add a paragraph as the second paragraph: "The natural resources and planning department shall approve the construction, reconstruction, and expansion of building facades along the street. If the design plan involves reserving outdoor advertising positions, it shall comply with the outdoor advertising setting plan and obtain the consent of the municipal urban management department. "

(15) Change Article 13 to Article 18 and amend it to read: "Under any of the following circumstances, temporary outdoor advertising may be set up:

" ( 1) For theme publicity, important exhibitions or major events uniformly arranged by the country, province or city, outdoor advertisements should be set up during the event and within the specified scope;

"(2) The "Construction Project Construction License" has been obtained For the construction project, the construction project enclosure facilities established in accordance with the regulations are used to introduce the construction project.

“If temporary outdoor advertisements are set up, the installer shall obtain the installation technical requirements from the municipal urban management department before installation. The municipal urban management department shall propose installation technical requirements within 10 working days.”

(16) Change Article 14 to Article 19 and amend it to read: “Temporary outdoor advertisements set up for theme promotions, important exhibitions, and major events shall not be set up for a period exceeding the deadline of the event.

“If you use the enclosure facilities of a construction project to set up temporary outdoor advertisements, the installation period shall not exceed the project construction period. ”

(17) Change Article 15 to Article 20 and amend it to read: “Income from the auction of the right to use public media and the purchase and storage of the right to use non-public media, It is government non-tax revenue and should be turned over in full to the municipal finance to pay for auction and storage costs, construction of urban public facilities, urban management, public service advertising, etc. The municipal finance department shall arrange collection and storage fees based on the collection and storage situation. ”

(18) Change Article 16 to Article 21, and add a paragraph as the first paragraph: “Outdoor advertising setters shall abide by the relevant regulations on the management of public service advertisements and publish them as required. Public service advertisements shall fulfill the obligation to register public service advertisements”; the first paragraph is changed to the second paragraph, and is modified to read: “Outdoor advertising facilities shall publish public service advertisements continuously for no less than 30 days each year or 10% of the total number of advertisements. If temporary outdoor advertisements are set up using fence facilities of construction projects, the content of public service advertisements shall not be less than one-third of the total area”; delete the third paragraph.

(19) Article 17 is changed to Article 22: Amend the third paragraph to read: "If the right to use outdoor advertising facilities really needs to be transferred, the transfer and change procedures should be completed with the municipal urban management department"; delete the fourth paragraph (II). 10) Change Article 18 to Article 23, and amend it to read: “If the approved outdoor advertising facilities really need to be dismantled during the installation period due to urban planning, construction and other public interests, the municipal urban management department shall Withdraw the effective administrative license, notify the installer in writing 15 days in advance to dismantle it within a time limit, and provide corresponding compensation in accordance with the law. ”

(21) Change Article 19 to Article 24 and amend it to read: “The outdoor advertising installer is the person responsible for managing and maintaining outdoor advertising facilities and shall perform the following obligations in accordance with the law:

“(1) Perform regular maintenance on outdoor advertising facilities to keep them safe, clean and intact.

Outdoor advertising facilities that are old, incomplete, or stained that affect the city appearance or public safety shall be repaired or updated in a timely manner;

"(2) Conduct safety inspections of outdoor advertising facilities every year. After inspection It can only be used after passing the test; if it fails to pass the test, it will be repaired or dismantled immediately;

“(3) In the event of strong winds, heavy rains or other severe weather, outdoor advertising facilities shall be reinforced and powered off in a timely manner. Safety protection measures;

“(4) Do other management and maintenance work in accordance with the law.”

(22) Change Article 22 to Article 25 , modified to: "The signboard installer shall obtain the technical requirements for installation from the district (development zone) urban management department before installation.

"The district (development zone) urban management department shall follow the technical specifications for signboard installation, combined with the construction According to the actual situation of the property, technical requirements for setting up will be proposed within 3 working days. "

(23) Change Article 23 to Article 26 and amend it to read: "The signboard installer shall set up the signboard in accordance with the technical requirements for installation. If it is necessary to change the installation location, specifications, or form of the signboard, the technical requirements for installation shall be obtained again. ”

(24) Delete Article 26.

(25) Change Article 27 to Article 29, and amend it to: “Anyone who violates the provisions of these Measures and has any of the following circumstances shall be ordered by the urban management department to make corrections or dismantle it within a time limit, and shall be fined in accordance with the following provisions:

“(1) Anyone who sets up outdoor advertisements without authorization and affects the city appearance shall be fined. A fine of not less than RMB 500 but not more than RMB 2,500 shall be imposed;

“(2) Those who set up outdoor advertisements and signboards that do not meet the requirements shall be fined not less than RMB 200 but not more than RMB 1,000.

“For outdoor advertising and signboard facilities that do not meet urban appearance standards and environmental sanitation standards, the urban management department, together with the natural resources and planning departments, will order relevant units and individuals to renovate or dismantle them within a time limit; if they fail to renovate or dismantle them within the time limit, In case of demolition, forced demolition shall be organized in accordance with the relevant provisions of the "Anhui Province Urban City Appearance and Environmental Sanitation Management Regulations", and a fine of not less than 1,000 yuan but not more than 5,000 yuan may be imposed. "

(26) Twenty-eight. Article is changed to Article 30, and "civil liability" in the first paragraph is changed to "corresponding legal liability"; the second paragraph is deleted.

(27) Change Article 20 to Article 33, and amend it to read: “The urban management department shall establish a credit management mechanism to punish outdoor advertisements and signboards that are subject to administrative penalties for violating the provisions of these Measures. The person who set it up shall be recorded in the credit file.”

(28) Change Article 31 to Article 34, and amend it to read: “The urban management department and its staff violated the provisions of these Measures and neglected to do so. Those who fail to perform their duties, abuse their power, or engage in malpractice for personal gain will be held accountable in accordance with the law.”