译文-佛山市城市市容和环境卫生管理规定

Order of the Foshan Municipal People’s Government

 

No. 1

 

Provisions of Foshan City on the Administration of City Appearance and Environmental sanitation, as adopted at the Eighty-fifth Executive Meeting of the Fourteenth Foshan Municipal People’s Government on June 22, 2016, is hereby issued, and shall come into force as of October 1st, 2016.

 

 

                           Mayor of Fosan City: Zhu Wei

                           July 29, 2016

                          

 

 

 

 

 

 

 

 

Provisions of Foshan City on the Administration of City Appearance and Environmental Sanitation  

 

Chapter I General Provisions

 

Article 1. With a view to strengthening the administration of city appearance and environmental sanitation so as to create a clean, beautiful and civilized city, these Provisions are formulated in accordance with the Administration of City Appearance and Environmental Sanitation stipulated by the State Council and other relevant laws and rules, as well as in the light of the practical conditions of the City. 

 

Article 2. These Provisions shall apply to the environmental sanitation administration of the city proper and other urbanized areas subject to urban administration within the administrative area of the City.

The specific areas subject to urban administration, other than the city proper, shall be defined and publicized by the people’s government at the district level.

The areas beyond the urban administration may be handled with reference to these Provisions.

 

Article 3. The municipal department in charge of housing and urban-rural development shall be responsible for the administration of the city appearance and environmental sanitation within the administrative area of this City, and shall organize the implementation of these Provisions.

The departments of city appearance and environmental sanitation at the district level shall be in charge of the administration of the city appearance and environmental sanitation within their respective administrative areas.

Town people’s governments and sub-district offices shall be in charge of the city appearance and environmental sanitation within their respective administrative areas and shall assist the relevant departments to make coordination, supervision and examination on the work of city appearance and environmental sanitation in their respective areas.

Departments in charge of planning, public security, industry and commerce, environmental protection, health, transportation, municipal administration and housing shall strengthen cooperation and coordination and work together with shared information in the administration of the city appearance and environmental sanitation according to their respective functions and duties

 

Article 4. The authority over administrative penalty regulated by these Provisions, which falls into the category of relatively centralized administrative penalty power approved by the State Council or the Provincial People’s Government of Guangdong, shall be exercised by city administration law-enforcing departments at municipal and district levels.

 

Article 5. The municipal and district people’s governments shall integrate the cause of city appearance and environmental sanitation into their economic and social development plans and push for steady and increasing funding as required by the cause, so as to adapt the city appearance and environmental sanitation to the economic and social development of the City.

 

Article 6. The municipal and district people’s governments shall organize the preparation of the specialized planning on city appearance and environmental sanitation, which shall be included into the city’s overall planning. Responsible departments at all levels shall organize the implementation by stages according to the planning.

The municipal department in charge of housing and urban-rural development shall develop standards for city appearance and standards for environmental sanitation in accordance with the above-mentioned specialized planning and implement these standards upon approval of the Municipal People’s Government.

 

Article 7. All units and individuals have the right to enjoy good city appearance and environmental sanitation and bear the duty to maintain the city appearance and sanitation, as well as to care for the environment sanitation facilities.

All units and individuals shall respect the labor of city appearance and environmental sanitation workers and consciously keep the city clean and tidy; they have the right to stop, complain or report behaviors hindering or obstructing the workers to perform their duties and those destructing the relevant facilities.

 

Article 8. The municipal and district people’s governments shall include the city appearance and environmental sanitation administration into the urban administration evaluation and shall establish the relevant evaluation system, organize evaluation and reward those units and individuals who made outstanding achievements in their relevant work.

 

Article 9. The municipal, district and town people’s governments, sub-district offices, and departments in charge of press and publication, culture and education shall strengthen the publicity of and education on laws, regulations and scientific knowledge of city appearance and environmental sanitation. News media and government organs, enterprises and institutions shall cooperate people’s governments at all levels to arrange for relevant publications in order to enhance citizens’ consciousness of protecting the city appearance and environmental sanitation.

 

Chapter II System of Responsibility Zones of City Appearance and Environmental Sanitation

 

Article 10. The system of responsibility zones is adopted for the work of city appearance and environmental sanitation.

The city appearance and environmental sanitation responsibility zone refers to buildings, structures or other facilities, places and the area within a certain range that are owned, used or managed by relevant units and individual persons.
    Persons-in-charge of the responsibility zone shall be responsible for the city appearance and environmental sanitation of the zone.

 

Article 11. City appearance environmental sanitation responsibility zones and persons-in-charge shall be determined in accordance with the following clauses:

    (1) Urban roads, back roads, bridges, pedestrian overpasses, under passes and other public areas of the City shall be in the charge of the town people’s governments and sub-district offices, or district people’s governments if otherwise provided;

(2) Roads, railways, airports, rail transits, tunnels, spaces under bridges, stations, piers, parking lots, bus stops and their management scope shall be in the charge of the relevant operating and managing units.

(3) Newsstands, kiosks, telephone booths, outdoor advertisements, P.O. Boxes, box transformer rooms, communication transfer boxes, manhole covers (box), facilities and pipelines set up in the air shall be in the charge of the relevant operating and managing units;

(4) Cultural and recreational places, sports venues, tourist attractions, parks, public greenery lands, squares and other public places shall be in the charge of the relevant operating and managing units;

    (5) Trade markets, shops, shopping malls, hotels, restaurants and other places shall be in the charge of the operating and managing units;

(6) Residential areas under property management shall be in the charge of the relevant property management enterprises; the residential areas that are not under property management shall be in the charge of the responsible neighborhood committee;

    (7) Peripheral areas of organs, mass organizations, troops, enterprises, and institutions shall be in the charge of the units concerned;

    (8) Construction sites shall be in the charge of the relevant construction units, and land plots to be constructed in the charge of their proprietors;

    (9) Public toilets, waste transfer stations, garbage collection stations and other environmental sanitation facilities shall be in the charge of the relevant management units;

    (10) Rivers, lakes, inland rivers and other waters and water fronts shall be in the charge of the relevant management units;

Where in a zone the person-in-charge is not able to be clearly determined by the preceding clauses, he shall be determined by the local town people’s government and sub-district office. Before the said person is determined, the local town people’s government or sub-district office is in charge of the responsibility zones. Where the responsibility of a responsibility zone across administrative regions is not clearly defined, it shall be defined by the superior city appearance and environmental sanitation administrative department governing both/all regions involved.

 

Article 12. District administrative departments of city appearance and environmental sanitation shall inform the persons-in-charge of the responsibility zones of the specific scope and responsibility requirements in written form, sign letters of responsibility with the persons-in-charge and publicize such letters.

 

Article 13. Responsibilities of the persons-in-charge of responsibility zones are as follows:

    (1) keeping the city appearance clean and tidy, without any unauthorized stalls, waste throw and spit, posters, graffiti or scribbles, excavation, heaps, hangings and construction, and without behaviors of illegally setting up advertisements, as well as selling and operating beyond the premise of the relevant shops; 

(2) keeping environment sanitation clean and tidy, without exposed garbage, excrement and sewage, or other sources breeding species causing infestation;

(3) setting up environmental sanitation facilities as required and keeping such facilities clean, tidy, complete and in good condition.

 

Article 14. Persons-in-charge of responsibility zones shall be responsible for city appearance and environmental sanitation of their own zones, which they may either handle by themselves or entrust to other service units.

The persons-in-charge of city appearance and environmental sanitation have the power to stop any violation of these Provisions and request the violator to clear up, and they have the right to complain or report to city appearance and environmental sanitation administrative departments or city administration law-enforcing departments, who shall handle the reported cases in a timely manner.

 

Article 15. The municipal department in charge of housing and urban-rural development, the departments of city appearance and environmental sanitation at the district level, the city administration law-enforcing departments at the district level, town people’s governments and sub-district offices shall establish and improve the supervision and inspection system of city appearance and environmental sanitation and shall carry out regular supervision and inspection of city appearance and environmental sanitation of responsibility zones.

The departments of city appearance and environmental sanitation at the district level and the city administration law-enforcing departments at the district level shall establish a joint meeting system for the persons-in-charge, so as to form a coordinated, regular and efficient mechanism.

 

Chapter III Administration of City Appearance

 

Article 16. City appearance shall be kept beautiful, tidy and orderly. The city appearances of urban roads, buildings, structures, public places and facilities, outdoor advertisements and identifiers, construction sites, urban lighting, urban water areas, and residential areas shall meet the city’s appearance standards and responsibilities requirements stipulated in Article 13 of these Provisions.

 

Article 17. Facades of buildings or structures shall meet the city appearance standards of the City. Their designs and decoration styles shall be in harmony with the surroundings. Facades shall be kept tidy and in good condition, and the owners, users or managers shall regularly clean, wash or decorate facades and restore any damaged or stained facades.

   Where facades needs changes, the construction units shall apply to the competent department in charge of urban-rural planning for planning approval or construction planning permit, and apply to the competent department in charge of housing and urban-rural development for construction permit and go through acceptance procedures after the construction is completed.  

 

Article 18. No articles that affect the city appearance shall be hung, aired or piled in street-ward balconies, windowsills, viewing platforms, exterior walls, corridors, and roofs, the aired goods shall not extend beyond facades of buildings.

For street-ward balconies needing security mesh, the security mesh shall be made of stainless steel materials, and shall not extend beyond the exterior walls of buildings; security mesh of windows shall be installed at the inner side of windows.

 

Article 19. No units or individuals shall destruct covers of wells and ditches installed in urban roads or other public facilities.

The property units shall regularly check the covers of wells and ditches installed in urban roads and kept them in good condition and in right places. In case of damage, misplacing or loss of the covers of wells and ditches, the related property units shall immediately set up warning signs upon knowledge of it, and make replacement, vacancy filling or location adjustment in a timely manner.

Where the property unit of well covers and ditch covers is not able to be clearly determined, the local town people’s government and sub-district office shall be responsible for the administration.  

 

Article 20. No units or individuals shall stack materials, put up constructions, structures or other facilities at sides of roads and public places. Temporary stacking or temporary construction at road sides or public places for the purpose of construction, decoration, fitment or holding activities shall, after being approved by competent departments in charge of city appearance and environmental sanitation, go through examination and approval procedures according to relevant regulations. The materials shall be stacked in a tidy manner, and temporary constructions, structures and other facilities shall be kept clean and tidy, not covering road signs. All the materials, temporary constructions, structures and other facilities shall be cleaned up and removed when the approved occupation period is expired.

No units or individuals shall set hinders such as parking locks and stakes at road sides or public places.

 

Article 21. No units or individuals shall occupy or use urban roads, trees, bridges, tunnels, public places, constructions, structures, traffic signs, urban green land and other outdoor spaces or green trees to hang publicity materials.

    

Article 22. No units or individuals shall make unauthorized writing, scribing, carving or posting in urban constructions, facilities and trees.

Residents’ committees, villagers’ committees and the property service enterprises shall reasonably set up the public information boards for the residents to publicize information and shall be responsible for the daily administration and cleaning of the boards.

 

    Article 23. Urban construction sites shall abide by the following provisions:

    (1) closed operation shall be carried out in approved occupation areas;

    (2) materials and machines within construction sites shall be stacked in a tidy manner, and shall prevent dust from polluting the appearance and environment of the City in wet working method;

    (3) construction garbage shall be disposed in a timely manner and kept tidy, and those stacked in construction sites shall be covered with closed anti-dust mesh;

    (4) vehicles leaving the construction sites shall be washed and cleaned, and vehicles carrying construction materials and construction garbage shall have confinement-type covering devices in order to prevent scattering and leaking along roads.

    (5) water used in construction, wastewater, muddy water and other wastewater produced during operation shall not be leaked to contaminate pavement;

(6) safety barriers and confining facilities shall be set up around the construction sites, the heights and surfaces of which shall be in harmony with the surroundings. Hard closing walls shall be set up for those sites under construction, under demolition or to be constructed;

    (7) exterior walls of the construction sites shall post boards of projects introduction, lists of managers and supervision phone number, boards of fire controlling, boards of safety production, boards of civilized construction, as well as boards of overall layouts of the sites, and construction planning approvals;

    (8) areas outside of the closing walls of construction sites shall be kept clean and tidy, with no stacks of materials, tools or garbage. The closing walls shall be kept clean without stains, unauthorized posting, carving or scribing. The roof of temporary work shed and the height of material stacks shall not be higher than closing walls. No material stack is allowed to extend beyond the confining facilities.

    (9) shut-down construction sites shall be cleaned up in time and be given necessary cover.

    (10) timely clean-up and ground leveling shall be carried out after the completion of construction.

    (11) kitchens and washrooms in construction sites shall meet the sanitation requirements.

 

Article 24. The installation units or administration units of urban lighting shall keep the lighting facilities complete, tidy and in good condition, and the stained or damaged lights shall be washed, repaired or replaced timely.

 

Chapter IV Administration of Environmental Sanitation

 

Article 25. City environmental sanitation shall be kept tidy, civilized and clean, and shall meet the City environmental sanitation standards and the responsibilities requirements under Article 13 of these Provisions. Environmental sanitation facilities shall meet national standards and shall be arranged reasonably according to planning.

 

Article 26. Without authorization, no units or individuals shall demolish public toilets and other environmental sanitation facilities. Where an environmental sanitation facility needs to be demolished, the construction unit shall provide relocation plan beforehand and submit it to the competent department of city appearance and environmental sanitation for approval. The process shall follow the principle of construction before demolition, and alternative facilities shall be rebuilt, repaired or provided.

Sanitation mechanization vehicles shall be parked in the designated parking lots in order during non-work period; Sanitation work tools and equipments shall be placed in the designated locations such as sanitation tool rooms, random placing is being prohibited.

 

Article 27. The departments of city appearance and environmental sanitation shall be responsible for administration of sanitation cleaning work within their respective administrative area, and shall organize the cleaning work in accordance with defined levels, regions, and frequencies in a prescribed time period, to ensure the quality of cleaning work will meet the relevant standards.

In case of socialization of environmental sanitation service, service-providing enterprises shall carry out cleaning work according to the levels, regions and frequencies agreed in the contract.

Environmental sanitation cleaning work shall be done in a civilized, clean and orderly manner, to minimize the environmental pollution and influence upon residents’ life.

 

Article 28. All units and individuals shall consciously abide by public environmental sanitation provisions, maintain public environmental sanitation and its facilities and perform their own duties well. The following acts are prohibited:

(1) spitting, urinating or defecating in public places;

(2) littering wastes such as peels, scraps of paper, cigarette ends, pop cans, gums , plastic bags, and animal carcasses;

(3) dumping, cleaning, scattering and piling all kinds of garbage, wasted water and oil, feces and other sewages not according to the prescribed time, location and manner;

(4) transporting liquids and granular goods without sealing, packing or covering, which results in leaking and spreading;

(5) burning leaves, wood, garbage or other litter in the open air and in environmental sanitation facilities, which may cause dust pollution;

    (6) other acts detrimental to environmental sanitation provided in laws, regulations and rules.

 

Article 29. Public toilets shall open to the public for free, with conspicuous, standard and uniform signs, and all facilities thereof in good condition. Public toilets shall be kept clean by specially designated persons, and their cleaning work shall meet relevant standards.

Commercial businesses, hotels, restaurants, institutions and enterprises are encouraged to open their internal toilets to the public during their work (business) time.

 

Article 30. Public toilets cleaning shall meet the following requirements:

(1) there are no flies, worms, ground water, phlegm, cigarette butts, paper scraps, or other debris. The toilets are washed timely, without dirt, debris, faeces, faeces scar, urine alkali or other sewages;

(2) walls, ceilings, doors, windows, baffle plates, and partition plates shall be kept clean, without scribing, carving, posting, dust, stains, cobweb or other stains;

(3) caution signs shall be set up while washing grounds;

(4) public toilets are well ventilated, basically without odor;

(5) indoor facilities and tools are placed in order and tidy

(6) roofs and responsible zones of environmental sanitation shall be kept clean and tidy, without unauthorized structures and piles.

(7) prescribed disinfection is carried out;

(8) wastes are dumped according to the prescribed time, locations and manners.

 

Article 31. Public toilets users shall follow the relevant provisions, conscientiously maintain the sanitation of the public toilets and care for their facilities. The following acts are prohibited:

(1) unauthorized writing, drawing, carving or posting in walls and facilities;

(2) spitting or littering;

(3) dumping sewages and wastes into toilets, urinals and defecation wells;

(4) urinating or defecating out of toilets or urinals;

(5) destructing facilities, equipments or removing for other uses;

(6) other acts affecting the normal use of public toilets, which are prescribed in laws, regulations and provisions.

 

Article 32. Trade markets shall establish sanitation organization and sanitation system, and designate persons-in-charge to carry out regular sanitation inspections. Cleaning work in trade markets and their surrounding responsibility zones shall meet the following requirements:

(1) no scattered garbage, garbage piles, sewages or other vector breeding sites;

(2) no unauthorized writing, drawing, carving or posting;

(3) No cobweb;

(4) each store shall be equipped with a garbage collection container of suitable volume. Garbage collection containers shall be kept tidy and in good condition, without spillovers. Garbage baskets shall not be used;

 (5) dumpsters shall be kept clean and tidy, without damage or waste water overflow. Garbage shall be removed on a daily basis;

 (6) trade markets shall be equipped with public toilets which meet the relevant cleaning requirements.

 

Article 33. Raising pets shall not affect the environmental sanitation. Pets’ faeces left in urban roads and other public places shall be cleaned up immediately by the pets’ owners.

 

Chapter V Legal Liabilities 

 

Article 34. Where the municipal department in charge of housing and urban-rural development, departments of city appearance and environmental sanitation at the district level, city administration law-enforcing departments at the district level, town people’s governments, sub-district offices, other relevant administrative departments and the staff thereof commit one of the following acts and cause harmful impacts, warning, demerit or gross demerit shall be imposed on the direct responsible personnel by the involved unit or the competent department at a higher level in accordance with the law. If the circumstances of violations are particularly serious, demotion or dismissal shall be imposed.

(1) failing to perform duties of determining persons-in-charge and responsibility zones of city appearance and environmental sanitation according to law;  

    (2) failing to perform duties of city appearance and environmental sanitation administration;

(3) failing to handle reports from persons-in-charge concerning acts violating city appearance and environmental sanitation administration provisions;

(4) failing to establish, and to carry out supervision and checking system of responsibility zones.

 

Article 35. Persons-in-charge of responsibility zones, who fail to perform their duties and violate the second and third paragraph of Article 13 of these Provisions, shall be ordered by the city administration law-enforcing departments to make correction within a time limit, to take remedial measures, and to pay a fine of RMB 50 to 500 yuan concurrently. The city administration law-enforcing departments may otherwise suggest higher administrative departments to impose penalty on the directly responsible persons.

 

Article 36. Where there is a violation against the first paragraph of Article 17 of these Provisions, facades of urban constructions and structures failing to meet the city appearance standards of the City, the violators shall be ordered by the city administration law-enforcing departments to make correction within a time limit. The overdue correction shall result in a fine of RMB 10,000 to 30,000 imposed by the city administration law-enforcing departments.

 

Article 37. Where there is a violation against the first paragraph of Article 18 of these Provisions, violators, who hung, air or pile goods affecting city appearance in balconies, windowsills, viewing stands, exterior walls, exterior corridors or roofs, shall be ordered by the city administration law-enforcing departments to make correction within a time limit, to take remedial measures, and to pay a fine of RMB 50 to 500 yuan concurrently.   

Where there is a violation against the second paragraph of Article 18 of these Provisions, and the installation of safe mesh fails to meet the relevant requirements, the violators shall be ordered by the city administration law-enforcing departments to make correction within a time limit. The overdue correction shall result in a fine of RMB 10,000 to 30,000 imposed by the city administration law-enforcing departments.

 

Article 38. Where there is a violation against the first and the second paragraph of Article 19 in these Provisions, and violators damage well covers and ditch covers or other facilities in roads or fail to make replacement, vacancy filling and location adjustments, the violators shall be ordered by the city administration of municipal engineering departments to make correction within a time limit, and to pay a fine of RMB 1,000 yuan for each abnormal cover, with a maximum amount of RMB 20,000 yuan; in case of causing loss, the violator shall be held liable for damages according to law.

 

Article 39. Where there is a violation against the first paragraph of Article 20 of these Provisions, and violators pile materials at sides of roads or in public places, or set up temporary constructions or structures without authorization, the violators shall be ordered by the city administration law-enforcing departments to stop the violation, to rehabilitate, demolish, or take remedial measures within a time limit, and to pay a fine of RMB 500 to 5,000 yuan concurrently.

Where there is a violation against the second paragraph of Article 20 of these Provisions, setting parking locks, stakes or other hinders at road sides or in the public places, the violators shall be ordered by the city administration law-enforcing departments to make corrections within a time limit, and individuals shall be fined not more than RMB 100 yuan, while legal persons or other organizations shall be fined not more than 5,000 yuan.  

 

Article 40. Where there is a violation against the Article 21 of these Provisions, occupying or using outdoor spaces or green trees to hang publicity materials, the violators shall be ordered by the city administration law-enforcing departments to make correction within a time limit, to take remedial measures, and pay a fine of RMB 50 to 500 yuan concurrently.  

 

Article 41. Where there is a violation against the first paragraph of Article 22 of these Provisions, writing, drawing, carving or posting in urban constructions, facilities and trees without authorization, the violators shall be ordered by the city administration law-enforcing departments to make corrections within a time limit, to take remedial measures and to pay a fine of RMB 50 to 500 yuan concurrently.

Where there is a violation against these Provisions posting advertisements, owners of the advertisements, if they are legal persons or other organizations, shall be fined by city administration law-enforcing departments not more than RMB 10,000 yuan.

 

Article 42. Where there is a violation against Article 23 of these Provisions, and violators commit actions of leaking waste water to road, not setting up safety barriers or closing facilities in construction sites, not cleaning and covering shut-down construction sites, or not leveling the ground after construction completion, which cause the damage to city appearance and environmental sanitation, the violators shall be stopped by city administration law-enforcing departments, and be fined RMB 500 to 5,000 yuan concurrently.

 

Article 43. Where there is a violation against Article 24 of these Provisions, and urban lighting installation units or management units fail to clean, repair or replace the damaged lighting facilities, the violators shall be ordered by city administration law-enforcing departments to make correction within a time limit; the overdue correction shall result in a fine of not more than RMB 2,000 yuan imposed by city administration law-enforcing departments.

 

Article 44. Anyone who violates Article 26 of these Provisions, and demolishes public toilets or other environmental sanitation facilities without authorization or relocates them not according to the approved relocation plan, shall be ordered by city administration law-enforcing departments to make corrections within a time limit, and to pay a fine of an amount not less than the costs of origin facilities, and not more than three times of the costs, with a maximum of RMB 30,000 yuan.

 

Article 45. Anyone who violates the first, second, third and fourth paragraph of Article 28 of these Provisions, shall be ordered by city administration law-enforcing departments to make corrections within a time limit, and to pay a fine of RMB 50 to 500 yuan, among which violating the second paragraph, and throwing goods from high places or from cars shall be fined RMB 500 yuan.

Anyone who violates the fifth paragraph of Article 28 of these Provisions shall be ordered by city administration law-enforcing departments to make corrections, and to pay a fine of RMB 500 to 2,000 yuan concurrently.

 

Article 46. Anyone who violates the first, the second and the third paragraph of Article 31 of these Provisions, shall be ordered by city administration law-enforcing departments to make restitutions, to pay damages and to pay a fine of RMB 50 to 500 yuan concurrently.

Anyone who violates the fifth paragraph of Article 31 of these Provisions, shall he ordered by the city administration law-enforcing departments to make restitutions and to pay a fine of two to ten times of the relocation costs, with a maximum of RMB 30,000 yuan. Theft of, or damage to the public toilets and affiliated facilities thereof violating the provisions under Law of the People’s Republic of China on Public Security Administration shall be imposed public security administrative penalties in accordance with the law; if there is a crime, the violator shall be investigated for criminal liabilities.

 

Article 47. In case of violating Article 32 of these Provisions, and sanitation of trade markets failing to meet relevant requirements, trade markets operators or managers shall be ordered by city administration law-enforcing departments to make corrections within a time limit, to take remedial measures, and to pay a fine of RMB 50 to 500 yuan concurrently.

 

Article 48. Pets owners who violate Article 33 of these Provisions and fail to clean up pets’ faeces left in urban roads or other public places, shall be ordered by city administration law-enforcing departments to make corrections within a time limit, to take remedial measures, and to pay a fine of RMB 50 to 500 yuan concurrently.

 

    Article 49. The municipal department in charge of housing and urban-rural development and city administration law-enforcing departments at the district level are authorized to publicize those units or individuals who have been imposed on administrative penalty for damaging the city appearance and environmental sanitation.

 

Chapter VI Supplementary Provisions

 

Article 50. These Provisions shall come into force as of October 1^st, 2016.