Problems related to advertising on rooftops of office buildings

To give you a reference from Shenzhen, I hope it will be of some use:

Shenzhen Special Economic Zone Outdoor Advertising Management Regulations (1998.08.26)

1994 Shenzhen Municipal People's Government Order No. 35 was announced on September 3

Shenzhen Municipal People's Government Order No. 77 was revised on August 26, 1998

Article 1 is to strengthen the Shenzhen Special Economic Zone (hereinafter referred to as the special zone), the management of outdoor advertising, the regulation of outdoor advertising business activities, the maintenance of clean and beautiful city appearance and traffic safety, these regulations are formulated in accordance with relevant national regulations and in combination with the actual situation of the special zone.

Article 2 Anyone who sets up outdoor advertisements in the special zone must comply with these regulations.

Outdoor advertising as mentioned in these regulations refers to street signs, light boxes, neon lights, walls, electronic displays, signboards, posters, banners, balloons, windows and other advertisements set up outside buildings within the special zone, or Use transportation to set up, draw, post, and hang advertisements.

Article 3 The Shenzhen Municipal Administration for Industry and Commerce (hereinafter referred to as the Municipal Administration for Industry and Commerce) is the competent department for outdoor advertising.

Urban management departments at all levels, public security and transportation management departments, and planning and land management departments shall do a good job in outdoor advertising management according to their respective responsibilities.

Article 4 The installation of outdoor advertisements shall be combined with the functional characteristics of the city and comply with urban planning and approved architectural design requirements.

Article 5 The installation of outdoor advertisements shall be subject to a joint examination and approval system by the municipal administrative department for industry and commerce, the municipal urban management department, the municipal planning and land management department, and the municipal public security and transportation management department. The functional departments participating in the joint examination and approval shall Propose review opinions within the scope of responsibilities and implement a one-vote veto.

The joint approval meeting is convened by the municipal industrial and commercial administration department and held regularly every month.

The management measures for the joint approval meeting shall be formulated separately by the municipal government.

Article 6 Any unit or individual that applies to operate outdoor advertising must apply to the industrial and commercial administration department, and upon approval will be issued an "Enterprise Legal Person Business License" or "Business License" or "Advertising Business License" (Those who operate temporary outdoor advertising business must be issued a "Temporary Advertising Business License" before they can operate. Without approval, outdoor advertising business is not allowed.

Article 7 If enterprises, institutions and individuals need to publish outdoor advertisements, they shall entrust units with outdoor advertising business scope (hereinafter referred to as outdoor advertising publishers) to publish them, but they shall use their own venues to set up signboards and self-advertising advertisements. Units and individuals who promote advertisements may publish them on their own after reporting to relevant departments for approval in accordance with paragraph 2 of this article.

Outdoor advertising publishers should fill in the "Shenzhen Outdoor Advertising Setup Application Form" and submit design drawings, site use certificates and other supporting documents stipulated in laws, regulations and rules, and apply to the industrial and commercial administration department for approval. Get the "Outdoor Advertising Registration Certificate".

Outdoor advertising publishers shall publish according to the approved content, specifications, location, and time limit, and indicate the name of the outdoor advertising publisher and the outdoor advertising registration certificate number in the lower right corner of the advertisement.

Article 8 All types of poster advertisements shall be submitted to the poster advertising business unit for review and posted in the social poster advertising column approved by the municipal industrial and commercial administration department, the municipal urban management department, and the municipal public security and transportation management department. Posting social posters elsewhere is strictly prohibited.

Article 9 The content of outdoor advertising must be true and legal, reflect the spiritual outlook and cultural characteristics of Shenzhen City, and must not violate relevant laws, regulations, and rules, or harm the interests of the public.

Outdoor advertisements should be installed firmly and safely, and use standardized text. They should not hinder traffic and fire protection, affect the city's appearance, or damage landscaping.

Article 10 Outdoor advertising publishers must maintain integrity and beauty when publishing outdoor advertisements. For incomplete neon advertisements and discolored, damaged, old, expired or idle outdoor advertisements, they must promptly repair, renovate or tear down.

Article 11 Outdoor advertisements connected in the same area must be of uniform specifications, neat and beautiful.

Article 12 For city-wide important activities determined by the municipal government, banners and slogans may be hung in urban public places within the approved period after being uniformly arranged or approved by the municipal urban management department.

Enterprises and institutions that hang non-commercial banners and slogans on their own premises must report to the city management department for approval; when hanging commercial banners and slogans, they must report to the municipal industrial and commercial administration department and the city management department for approval, and Publish within the approved deadline.

Article 13 It is prohibited to set up or post advertisements in government agencies, cultural relics protection units, schools and surrounding construction control zones delineated by the municipal planning and land management department, as well as in laws, regulations, rules and government regulations. Commercial advertisements are not allowed to be placed or posted in the area.

It is prohibited to place outdoor advertisements on urban overpasses, pedestrian bridges, traffic safety facilities, traffic signs, urban trees, telephone poles and street light poles in non-commercial areas.

It is prohibited to post or spray-paint advertisements on glass curtain walls, building exterior walls, and windows.

Article 14 When setting up outdoor advertisements in accordance with these regulations, no unit or individual may illegally occupy, dismantle, cover or damage them, except for land acquisition required for urban planning and construction.

Article 15 The fees for outdoor advertising shall be determined through negotiation between the outdoor advertising operator and the advertiser.

Public places with outdoor advertising are financially invested and organized by the municipal urban management department, with the participation of the municipal industrial and commercial administration department, the municipal planning and land management department, and the municipal public security and transportation management department, and conduct public bidding. , a paid transfer, and the transfer fee will be paid in full to the treasury. Relevant bidding and bidding methods shall be formulated by the municipal urban administrative department, the municipal administrative department for industry and commerce, the municipal planning and land management department, and the municipal public security and transportation management department, and shall be implemented after approval by the municipal government.

Article 16 It is prohibited to monopolize and use unfair competition methods to operate outdoor advertising business.

Article 17 If outdoor advertising facilities collapse or fall off, causing personal injury, death or property loss to others, the advertising publisher shall bear civil liability; if the damage is caused by the fault of the victim, the advertising publisher shall not Take responsibility. If damage is caused due to the fault of a third party, the third party shall bear liability.

Article 18 Anyone who commits any of the following acts shall be punished respectively by the industrial and commercial administration department depending on the severity of the case:

(1) Violation of Article 6 of these Regulations, failure to Anyone who operates outdoor advertising business without authorization shall be ordered to make corrections within a time limit, have their illegal gains confiscated in accordance with the law, and be fined 20,000 yuan;

(2) Violate the second paragraph of Article 7 of these Regulations and fail to receive the "Outdoor Advertising License" Anyone who publishes outdoor advertisements without registration certificate shall be ordered to make corrections within a time limit, illegal gains shall be confiscated in accordance with the law, and a fine of 5,000 yuan shall be imposed; those who fail to make corrections within the time limit shall be ordered to dismantle them within a time limit; those who fail to dismantle them within the time limit shall be forcibly dismantled, and the costs shall be borne by the publisher of outdoor advertisements;

(3) Anyone who violates paragraph 3 of Article 7 of these Regulations by failing to publish advertisements in accordance with the approved content, specifications, location and time limit or failing to indicate the name of the publisher of outdoor advertisements and the outdoor advertisement registration certificate number shall be ordered to Demolish it and impose a fine of 1,000 yuan; if it is not demolished within the time limit, it will be forced to be demolished, and the cost will be borne by the outdoor advertising publisher;

(4) Violation of Article 9, Paragraph 1 of these Regulations, the advertising content is false Any violation of laws, regulations and rules that harms the interests of the public will be dealt with in accordance with the relevant provisions of the Advertising Law of the People's Republic of China.

(5) Anyone who violates Article 16 of these Regulations by using monopoly or unfair competition means to operate outdoor advertising business shall be dealt with in accordance with the relevant provisions of the "Law of the People's Republic of China and the State Against Unfair Competition" .

Article 19: Anyone who commits any of the following acts shall be punished by the urban management department depending on the severity of the case:

(1) Violation of Article 8 of these regulations and public misconduct Anyone who posts social posters outside the poster column shall be ordered to remove them within a time limit, the illegal income shall be confiscated, and a fine of 500 yuan shall be imposed;

(2) Violation of Article 9, Paragraph 2 and Article 10 of these Regulations, outdoor advertising If it affects the appearance of the city, damages the landscaping, or is discolored, damaged or obsolete, it will be ordered to repair, renovate or dismantle it within a time limit; if it fails to repair, renovate or dismantle it within the time limit, it will be forcibly dismantled and the cost will be borne by the outdoor advertising publisher and a fine of 500 yuan will be imposed. A fine of more than 1,000 yuan is imposed.

(3) Anyone who violates Article 11 of these Regulations by publishing outdoor advertisements that do not meet the specifications or the connected outdoor advertisements are not neat and orderly shall be ordered to make corrections within a time limit and be fined not less than 500 yuan but not more than 1,000 yuan; if the time limit is exceeded, Those who do not make corrections will be ordered to dismantle within a time limit; those who fail to dismantle within the time limit will be forcibly dismantled, and the costs will be borne by the outdoor advertising publisher;

(4) Violate Article 12 of these regulations and hang banners without approval or slogans, it shall be ordered to be removed within a time limit and fined 1,000 yuan; if it is not removed within the time limit, it shall be forcibly removed, and the costs shall be borne by the publisher of outdoor advertisements;

(5) Violation of Article 13 of these Regulations, in Government agencies, cultural relics protection units and schools and the surrounding construction control zones delineated by the municipal planning and land management department, areas where the setting and posting of advertisements are prohibited by laws, regulations, rules and government regulations. If commercial advertisements are set up or posted, the illegal income will be confiscated. Order to dismantle within a time limit and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan; if the dismantling is not done within the time limit, it will be forcibly dismantled, and the costs shall be borne by the outdoor advertising publisher;

(6) Violation of Article 14 of these Regulations, illegal Anyone who occupies, dismantles, covers or damages outdoor advertisements and their facilities shall be ordered to repair them within a time limit, compensate the victims for their losses, and be fined not less than RMB 1,000 but not more than RMB 5,000.

Article 20 If the party concerned is dissatisfied with the administrative penalty decision, he may apply to the municipal administrative department for industry and commerce or the municipal urban management department, or to the administrative reconsideration authority of the Shenzhen Municipal People's Government in accordance with the relevant provisions of administrative reconsideration. Reconsideration; If the party concerned is still dissatisfied with the administrative review decision, he or she may file a lawsuit in the People's Court within 15 days from the date of receipt of the administrative review decision.

If the party fails to apply for reconsideration within the time limit and fails to implement the administrative penalty decision, the industrial and commercial administrative department or the city management department may apply to the People's Court for compulsory enforcement.

Article 21 These regulations will come into effect on the date of promulgation, and the "Notice of the General Office of Shenzhen Municipal People's Government on Strengthening Advertising Management in Our City" will be abolished at the same time.

Outdoor advertisements set up without approval before these regulations take effect shall be applied to the municipal administrative department for industry and commerce within six months from the date when these regulations take effect, and the relevant procedures shall be handled in accordance with these regulations; those who fail to apply within the time limit , the municipal urban management department shall order it to be demolished within a time limit. If it is not demolished within the time limit, it will be forcibly demolished.

Attachment: Decision of the Shenzhen Municipal People's Government on Amending the "Regulations on the Management of Outdoor Advertising in the Shenzhen Special Economic Zone"

The Shenzhen Municipal People's Government decided to amend the "Regulations on the Management of Outdoor Advertising in the Shenzhen Special Economic Zone" as follows Modifications:

1. Amend the second paragraph of Article 4 to the first paragraph of Article 13, and amend Article 4 to read: “The installation of outdoor advertisements should be combined with the functional characteristics of the city and in compliance with urban planning. and approved architectural design requirements."

2. Add one article as Article 5: "The installation of outdoor advertising shall be implemented by the municipal administrative department for industry and commerce, the municipal urban management department, the municipal planning and land management department, and the municipal public security department. Under the joint approval system of the transportation management department, each functional department participating in the joint approval shall put forward review opinions within the scope of its duties and implement a one-vote veto.

The joint approval meeting is convened by the municipal industrial and commercial administration department and held regularly every month. .

The management measures for the joint approval meeting shall be formulated separately by the municipal government.

"

3. Amend Article 5 to Article 6, and amend it to: "Any unit or individual that applies to operate outdoor advertising must apply to the industrial and commercial administration department, and upon approval, a "Enterprise Legal Person" will be issued. Business License" or "Business License" and "Advertising Business License" (those who operate temporary outdoor advertising business will be issued a "Temporary Advertising Business License") before they can operate. Without approval, outdoor advertising business is not allowed. ”

4. Amend Article 6 to Article 7 and read: “Enterprises, institutions and individuals who need to publish outdoor advertisements shall entrust units with outdoor advertising business scope (hereinafter referred to as outdoor advertisements). Advertising publishers) publish, but units and individuals that use their own venues to set up signboards and self-promotion advertisements may publish them themselves after submitting to the relevant departments for approval in accordance with paragraph 2 of this article.

Outdoor advertising publishers should fill in the "Shenzhen Outdoor Advertising Setup Application Form" and submit design drawings, site use certificates and other supporting documents stipulated in laws, regulations and rules, and apply to the industrial and commercial administration department for approval. Get the "Outdoor Advertising Registration Certificate".

Outdoor advertising publishers shall publish according to the approved content, specifications, location, and time limit, and indicate the name of the outdoor advertising publisher and the outdoor advertising registration certificate number in the lower right corner of the advertisement. ”

5. Amend Article 8 to Article 9, and amend the first paragraph to read: “The content of outdoor advertising must be true and legal, reflect the spirit and cultural characteristics of Shenzhen, and must not violate relevant laws and regulations.” The provisions of laws, regulations and rules shall not harm the interests of the public. ”

6. Amend Article 10 to Article 11 and delete “The setting of street sign advertisements, the minimum distance from the bottom to the ground shall not be less than 0.5 meters, and the maximum distance from the top shall not be higher than 9 meters.” ”

7. Add one article as Article 12: “For city-wide important activities determined by the municipal government, banners, slogan.

Enterprises and institutions that hang non-commercial banners and slogans on their own premises must report to the city management department for approval; when hanging commercial banners and slogans, they must report to the municipal industrial and commercial administration department and the city management department for approval, and Publish within the approved deadline. ”

8. Amend the second paragraph of Article 4 to the first paragraph of Article 13, and add two paragraphs as paragraphs 2 and 3 of Article 13, namely: “In the municipal planning and land management department Commercial advertisements are not allowed to be set or posted in delineated government agencies, cultural relics protection units, schools and surrounding construction control zones, as well as in areas where the setting and posting of advertisements are prohibited by laws, regulations, rules and government regulations.

It is prohibited to place outdoor advertisements on urban overpasses, pedestrian bridges, traffic safety facilities, traffic signs, urban trees, telephone poles and street light poles in non-commercial areas.

It is prohibited to post or spray-paint advertisements on glass curtain walls, building exterior walls and windows. ”

9. Amend Article 12 to Article 15, and amend the content to read: “The fees for outdoor advertising shall be determined through negotiation between outdoor advertising operators and advertisers.”

Public places with outdoor advertising are financially invested and organized by the municipal urban management department, with the participation of the municipal industrial and commercial administration department, the municipal planning and land management department, and the municipal public security and transportation management department, and conduct public bidding. , a paid transfer, and the transfer fee will be paid in full to the treasury. Relevant bidding and bidding methods shall be formulated by the municipal urban management department, the municipal administrative department for industry and commerce, the municipal planning and land management department, and the municipal public security and transportation management department, and shall be implemented after approval by the municipal government.

”

10. Amend Article 15 to Article 18, and amend the first item to the second item. “Violate the second paragraph of Article 7 of these regulations and fail to receive the “Outdoor Advertising Registration Certificate” Anyone who publishes outdoor advertisements shall be ordered to make corrections within a time limit, illegal gains shall be confiscated in accordance with the law, and a fine of 5,000 yuan shall be imposed; those who fail to make corrections within the time limit shall be ordered to dismantle them within a time limit; if they are not dismantled within the time limit, they shall be forcibly dismantled, and the costs shall be borne by the publisher of outdoor advertisements;” Items 3 and 4 are revised to read: "(3) Violation of paragraph 3 of Article 7 of these Regulations by failing to publish advertisements in accordance with the approved content, specifications, location and time limit or failing to indicate the name of the publisher of outdoor advertisements and the outdoor advertisement registration certificate number, Order to dismantle within a time limit and impose a fine of 1,000 yuan; if the dismantling is not done within the time limit, it will be forcibly dismantled, and the costs will be borne by the publisher of outdoor advertisements; (4) Violation of paragraph 1 of Article 9 of these regulations, advertising content is false and untrue, and violates laws and regulations , regulations stipulate that any damage to the interests of the public shall be handled in accordance with the relevant provisions of the Advertising Law of the People's Republic of China. ”

11. Amend Article 16 to Article 19, amend “outdoor advertising operator” in this article to “outdoor advertising publisher”, delete the first item of this article, and Two items are added as the fourth and fifth items of this article:

(4) Anyone who violates Article 12 of these regulations and hangs banners or slogans without approval shall be ordered to remove them within a time limit and be fined 1,000 yuan. ; If it is not dismantled within the time limit, it will be forcibly dismantled, and the costs will be borne by the outdoor advertising publisher;

(5) Violation of Article 13 of these regulations, in government agencies, cultural relics protection areas designated by the municipal planning and land management department Units, schools and surrounding construction control zones, as well as areas where the setting and posting of advertisements are prohibited by laws, regulations, rules and government regulations. If commercial advertisements are set up or posted, the illegal gains will be confiscated, ordered to be demolished within a time limit, and a fine of not less than 1,000 yuan but not more than 5,000 yuan will be imposed. Fines; if the removal is not done within the time limit, it will be forced to be removed, and the costs will be borne by the outdoor advertising publisher;

12. Amend Article 18 to Article 21, and add a paragraph as the second paragraph : “Outdoor advertisements set up without approval before these regulations take effect shall be applied to the municipal administrative department for industry and commerce within six months from the date when these regulations take effect, and the relevant procedures shall be handled in accordance with these regulations; if the application is not made within the time limit, the municipal administration shall The department ordered the demolition within a time limit. If the demolition is not done within the time limit, it will be forcibly demolished. ”