Interim Measures of Haikou Municipality on Relatively Centralized Administrative Punishment Right in Urban Management

Chapter I General Provisions Article 1 In order to strengthen urban management, improve the level and efficiency of administrative law enforcement, and maintain urban order, these measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations and the Reply of the Legislative Affairs Office of the State Council on the pilot work of relatively centralized administrative punishment power in Haikou City, Hainan Province, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the activities in which urban management exercises the power of administrative punishment relatively centrally within the administrative area of this Municipality. Third city administrative law enforcement departments (hereinafter referred to as the municipal administrative law enforcement departments) is responsible for the implementation of these measures. The district urban management administrative law enforcement department (hereinafter referred to as the district urban management law enforcement department) exercises the power of administrative punishment relatively centrally within its jurisdiction in accordance with the prescribed authority, and accepts the professional guidance and supervision of the municipal urban management law enforcement department.

City and district urban management law enforcement departments (hereinafter referred to as urban management law enforcement departments) may entrust the legally established urban management administrative law enforcement agencies to undertake the specific work of relatively centralized administrative punishment power in urban management.

Health, planning, gardening, construction, environmental protection, industry and commerce, public security and other relevant administrative departments. Should cooperate with the urban management law enforcement departments in accordance with their respective responsibilities to do a good job in the relatively centralized administrative punishment of urban management. Article 4 Urban management law enforcement departments shall exercise the power of administrative punishment as stipulated by laws, regulations and rules on city appearance and environmental sanitation management, urban planning management, urban greening management, municipal facilities management, construction market management, gas management, and some administrative punishment as stipulated by laws, regulations and rules on environmental protection management, public security traffic management, and industrial and commercial administration. Article 5 After the power of administrative punishment listed in these Measures is relatively centralized, the relevant administrative departments will no longer exercise the power of administrative punishment that has been centralized by urban management law enforcement departments; If it is still exercised, the administrative punishment decision made is invalid and it shall bear corresponding legal responsibilities. Chapter II Law Enforcement Contents and Penalties Section 1 Management of City Appearance and Environmental Sanitation Article 6 Anyone who violates city appearance management and commits any of the following acts shall be ordered to make corrections or make corrections within a time limit and be punished:

(a) failing to clear the illegally posted papers and graffiti on buildings and structures in time, the owner, user or manager shall be fined from 50 yuan to 200 yuan.

(two) without approval, set up stalls on the sidewalks of bridges and streets such as pedestrian bridges and overpasses, and impose a fine of 65,438,000 yuan or more in 500 yuan.

(three) to build a closed balcony along the street, and impose a fine of more than 200 yuan and less than 500 yuan.

(4) If the awning set on the street-facing building and the articles stacked and hung outside the balcony and window of the street-facing building do not conform to the relevant provisions of the city appearance, a fine of more than 200 yuan and less than 500 yuan shall be imposed.

(five) in the street buildings, public facilities and trees graffiti, posting, drying, hanging unsightly items, were sentenced to a fine of more than 200 yuan and less than 500 yuan.

(six) when it is approved as an advertising carrier, it does not publish public service advertisements, signs and billboards are damaged or use nonstandard words, and if it fails to make corrections within the time limit, it shall be fined from 200 yuan to 500 yuan respectively.

(seven) failing to keep buildings, sculptures and municipal, public, power supply, communications, civil air defense and other facilities along the street clean and tidy, and impose a fine of more than 200 yuan and less than 500 yuan.

(eight) failing to clean, paint and decorate the facade, structures and facilities of buildings facing the street in the city, the owner shall be fined 1 000.

(9) Without approval, those who engage in production and business activities, pile up materials, build non-permanent facilities or set up newsstands, placards, newspaper reading columns, publicity windows and other structures on roads and public places on both sides of the roads and fail to clean up or dismantle them in time after the expiration of the approval period shall be fined between 65,438 yuan and 0,000 yuan in 500 yuan respectively.

(10) Without approval or according to the approval requirements, outdoor billboards, signboards, hanging banners, balloons and other hanging objects are set up on the roads and public places on both sides, buildings and structures facing the street, and they are not cleaned up or removed in time after the expiration of the approval period, respectively, and a fine of more than 1000 yuan is imposed.

(11) If the occupation period of the land occupied by the construction project is not immediately dismantled and cleaned up after the expiration of the occupation period, and the enclosure is not set during the construction of the street-facing construction project, a fine of more than 2,000 yuan and less than 5,000 yuan shall be imposed. Seventh any of the following acts in violation of environmental sanitation management, shall be ordered to make corrections or make corrections within a time limit, and shall be punished:

(a) spitting, urinating and littering, scraps of paper, cigarette butts and other wastes, punishable by a fine from 20 yuan to 50 yuan.

(two) to discharge sewage into the road, according to the pollution area, impose a fine of more than 50 yuan and less than 50 yuan per square meter.

(three) failing to put large wastes in accordance with the regulations, each one shall be fined from 50 yuan to 200 yuan.

(four) according to the provisions of the way, place, time and other requirements of dumping garbage, individuals shall be fined from 20 yuan to 50 yuan, and units shall be fined from 200 yuan to 3000 yuan.

(five) dumping garbage into oceans, rivers, lakes, ditches and other waters, and impose a fine of 5000 yuan to 1000 yuan.

(six) carrying viruses, bacteria, radioactive and other toxic substances that are not disposed of in accordance with the regulations, and arbitrarily disposed of, punishable by a fine of 5000 yuan to 1000 yuan; Mixed with municipal solid waste, punishable by more than 5000 yuan 10000 yuan fine.

(seven) vehicles carrying granular or liquid materials are not covered or sealed in accordance with the prescribed requirements, and a fine of more than 200 yuan 1000 yuan is imposed; In case of leakage or spillage, a fine of more than 50 yuan and less than 200 yuan per square meter shall be imposed according to the polluted area.

(eight) in the urban area, the car body and tires are polluted by soil, and a fine of more than 50 yuan and less than 200 yuan per square meter shall be imposed according to the polluted area.

(9) In the process of construction, if the entrance and exit of the construction site are not hardened or washing facilities are not set, resulting in road pollution caused by dirt on the car body or tires, a fine of more than 50 yuan and less than 200 yuan per square meter shall be imposed according to the polluted area.

(ten) refused to pay the cleaning fee, impose a fine of 2 times the cleaning fee payable.

(eleven) in violation of the provisions of the feeding of poultry and livestock, overdue treatment, shall be confiscated, and impose a daily fine of more than 50 yuan 100 yuan.

(twelve) to discard the carcasses of poultry, mice and other small animals at will, and impose a fine of 65438 yuan or more in 50 yuan.

(thirteen) the branches and leaves produced by the maintenance operation are not cleaned up on the same day, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the silt in ditches and sewers is not removed on the same day, a fine of more than 200 yuan 1000 yuan shall be imposed.

(fourteen) failing to do a good job in cleaning the health responsibility area according to the regulations, which affects the city appearance and environmental sanitation, and impose a fine of more than 20 yuan and less than 200 yuan.

(fifteen) failing to set up public toilets in public places in accordance with the regulations and refusing to correct them, a fine of 1000 yuan and 30 thousand yuan shall be imposed.

(sixteen) failing to place the garbage collection containers according to the regulations, or the number of containers is not enough, and impose a fine of 200 yuan.

(seventeen) unauthorized removal, removal, closure and destruction of environmental sanitation facilities, punishable by a fine of 3000 yuan, resulting in economic losses, shall be ordered to pay compensation.

(eighteen) the property right or management unit of environmental sanitation facilities fails to maintain, repair, update and manage environmental sanitation facilities according to the regulations, resulting in damage to environmental sanitation facilities and environmental pollution, and if it fails to make corrections within the time limit, it shall be fined not more than 3000 yuan.

(nineteen) units engaged in the collection and transportation of domestic garbage, and failing to transport the garbage to the designated garbage transfer station and garbage disposal site, shall be fined up to 3,000 yuan.