Shanghai City’s regulations on investigating and punishing random postings, graffiti, drawings, hanging and distribution

Article 1 (Purpose and Basis)

In order to maintain the cleanliness of the city appearance and environment and prohibit random posting, graffiti, drawing, hanging, and random distribution, according to the "Shanghai City Appearance These regulations are formulated based on the relevant provisions of the Environmental Sanitation Management Regulations and in light of the actual situation of this city. Article 2 (Scope of Application)

These regulations apply to urbanized areas such as central cities, new towns, central towns, independent industrial zones, and economic development zones. Article 3 (Management and Law Enforcement Department)

The municipal greening and city appearance administrative department is responsible for the organization and implementation of these regulations.

The greening and city appearance administrative departments of each district (county) are responsible for the supervision and management of random posting, graffiti, carving, hanging, and distribution within their jurisdiction.

The municipal and district (county) urban management administrative law enforcement departments (hereinafter collectively referred to as the urban management law enforcement departments) shall implement administrative penalties for indiscriminate posting, scribbling, indiscriminate engraving, indiscriminate hanging, and indiscriminate distribution in accordance with the law. Article 4 (General Provisions)

Any unit or individual shall consciously maintain the cleanliness of trees, buildings, structures or other facilities, and shall have the right to stop and report behaviors that damage their cleanliness. Article 5 (Prohibited Behavior)

It is prohibited to carve or write on trees, buildings, structures or other facilities.

It is prohibited to post or hang promotional materials or slogans on trees.

It is prohibited to post or hang promotional materials or slogans on buildings, structures or other facilities without authorization. If it is necessary to temporarily post or hang publicity materials or slogans on buildings, structures or other facilities due to special circumstances, they must be approved by the district (county) greening and city appearance administrative department, and must be posted or hung within the prescribed time and scope, and shall be kept within the specified period. Clear it promptly when full.

It is prohibited to distribute commercial promotional materials on main roads, commercial areas, landscape areas, traffic distribution points and other public places. The specific areas where distribution is prohibited shall be determined by the municipal greening and city appearance administrative department and announced to the public. Article 6 (Public Security Posting Board)

The subdistrict office and the town people's government shall select appropriate locations in neighborhoods and residential areas to set up public security poster boards and strengthen daily management.

Scattered posters should be posted on the public poster board. Article 7 (Rights and Obligations of Relevant Units)

Each unit shall keep the trees, buildings, structures or other facilities used and managed clean and tidy. Anyone who discovers random posting, graffiti, drawing, hanging or distributing indiscriminately shall have the right to require the perpetrator to clear it up in a timely manner and compensate for the losses; if it is difficult to find the perpetrator at the moment, the perpetrator shall be cleared first.

If the greening and city appearance administrative department discovers that there are random postings, graffiti, carvings, hangings, or random distribution in the area under its jurisdiction, and fails to remove them in a timely manner, it shall organize the removal. Article 8 (Administrative Punishment)

Anyone who violates the provisions of Article 5 of these Provisions shall be ordered by the urban management law enforcement department to clear it within a time limit; if it refuses to clear it, it will be cleared on behalf of the offender. The cost of clearing it up shall be borne by the illegal actor and A fine of not less than 50 yuan but not more than 500 yuan will be imposed. Units and individuals that use or organize the use of posting, scribbling, engraving, hanging, distributing, etc. to publish promotional materials and slogans may be fined not less than RMB 10,000 but not more than RMB 100,000.

The cost of cleaning is calculated according to the standards approved by the municipal price department. Article 9 (Suspension of the use of communication tool numbers)

Anyone who violates these regulations by posting, scribbling, engraving, hanging, distributing promotional materials or slogans, and publishing communication tool numbers therein will be punished by the district (county) The urban management and administrative law enforcement department notifies the user of the communication tool number to accept the processing within a time limit; if the user does not accept the processing within the time limit, the district (county) urban management and administrative law enforcement department will submit the decision to the city and city management and administrative law enforcement department after making a decision, and the city and city management and administrative law enforcement department will The department notifies the municipal telecommunications management department in writing to suspend the use of its communication tool number.

The municipal telecommunications management department shall promptly notify relevant telecommunications business operators to implement these regulations after receiving the written notice.

If the illegal perpetrator accepts punishment during the period of suspension of the use of the communication tool number, the municipal urban management and administrative law enforcement department shall promptly notify the municipal telecommunications management department to resume the use of the communication tool number. Article 10 (Reconsideration and Litigation)

If the parties concerned are dissatisfied with the specific administrative actions of the greening and city appearance administrative department or the urban management law enforcement department, they may file a lawsuit in accordance with the "Administrative Reconsideration Law of the People's Republic of China" or the " According to the provisions of the Administrative Litigation Law of the People's Republic of China, apply for administrative reconsideration or initiate administrative litigation.

If the party concerned does not apply for reconsideration, file a lawsuit, or perform specific administrative actions within the statutory time limit, the greening and city appearance administrative department or the urban management law enforcement department that made the specific administrative action may apply to the People's Court for enforcement. Article 11 (Obstruction of official duties)

Insulting or beating staff of the greening and city appearance administrative department or urban management law enforcement department, or refusing or obstructing them from performing their duties violates the "People's Republic of China and the State's Public Security Administration" If the circumstances are serious enough to constitute a crime, criminal liability shall be investigated in accordance with the law. Article 12 (Pursuance for illegal acts of law enforcers)

Greening and city appearance administrative personnel and urban management law enforcement personnel shall enforce the law impartially. Anyone who abuses his power, engages in malpractice for personal gain, asks for or accepts bribes will be given administrative sanctions by his/her unit; if the circumstances are serious enough to constitute a crime, criminal responsibility will be pursued in accordance with the law.