Procedures of Shanghai Municipality on the Administration of Cleaning Service to Roads and Public Places
Procedures of Shanghai Municipality on the Administration of Cleaning Service to Roads and Public Places
(Promulgated by Decree No. 83 of Shanghai Municipal People's Government on May 2, 2012; amended by Decree No. 7 of Shanghai Municipal People's Government on December 5, 2023)
Article 1 (Purpose and Basis)
With a view to regulating the cleaning service to roads and public places in this Municipality, ensuring the legitimate rights and interests of cleaners, and promoting the development of this Municipality's sanitary undertaking, these Procedures are formulated in accordance with the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, and other relevant laws, rules and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Scope of Application)
These Procedures apply to cleaning service to roads and public places in this Municipality and relevant administrative activities thereof.
Roads mentioned in the preceding paragraph specifically include:
1. urban roads;
2. special highway sections designated by the district people's government, with cleaning operation done in accordance with urban roads cleaning standards in the urbanized area (hereinafter referred to as the special highway section);
3. passageways in lanes and neighborhoods not yet brought under property management areas (hereinafter referred to as the lane and neighborhood passageway );
4. and pedestrian or vehicle passageways connecting villagers' groups in one administrative village (hereinafter referred to as the village passageway).
Article 3 (Duty of Administrative Department)
The municipal administrative department of landscaping and city appearance is the competent administrative department of the cleaning service to roads and public places in this Municipality.
The district administrative departments of landscaping and city appearance shall, as their duty required, take responsibility for the administration of cleaning service to roads and public places in the corresponding administrative area.
Article 4 (Liability of Main Body)
The person responsible for this Municipality's cleaning service to roads and public places shall be determined separately in accordance with the following provisions:
1. The district administrative department of landscaping and city appearance or the town/township people's government shall take responsibility for urban roads, special highway sections, and public places;
2. The township people's government or sub-district office shall take responsibility for the lane and neighborhood passageway;
3. And the villager's committee shall take responsibility for the village passageway.
Article 5 (Principles of Administration)
The administration of this Municipality's cleaning service to roads and public places shall follow the principle of "fair competition, guaranteed high quality, and normalized service".
This Municipality shall establish a normal increase mechanism for income of cleaners.
Article 6 (Development Planning)
The municipal administrative department of landscaping and city appearance shall, in accordance with the development requirements of city appearance and environmental sanitation undertaking in this Municipality, bring the development of cleaning service to roads and public places in this Municipality under the professional planning of city appearance and environmental sanitation.
Article 7 (Grade Classification of Cleaning Areas and Requirements of Quality Standards)
The roads and public places in this Municipality shall be cleaned in a graded manner based on the characteristics of the functional area and traffic flow factors; the level and specific scope of cleaning shall be determined by the municipal administrative department of landscaping and city appearance in conjunction with relevant departments.
The cleaning quality for the cleaning area of roads and public places at all grades shall be in conformity with the requirements of cleaning quality standards for the corresponding grades. The cleaning quality standards of roads and public places in this Municipality shall be formulated and promulgated by the municipal administrative department of market regulation jointly with the municipal administrative department of landscaping and city appearance.
Article 8 (Determination of Cleaning Service Unit and Cleaners' Contingent)
The cleaning service unit for urban roads, special highway sections, and public places shall be determined through bidding by the district administrative department of landscaping and city appearance or the town/township people's government. The service unit shall possess the business license for urban household rubbish operation service issued by the municipal administrative department of landscaping and city appearance.
The township people's government, sub-district office, or the villagers' committee shall be responsible for arranging the cleaners' contingent or special persons to clean the lane and neighborhood passage and the village passage.
Article 9 (Fund Guarantee and Supervision)
In respect to service items of cleaning operation of urban roads, special highway sections, and public places, the government purchase mode shall be adopted, and the fund required shall be budgeted in compliance with the budget set for this Municipality's environmental sanitation operation and maintenance, and shall be guaranteed by the finance of the district or town/township people's government.
The fund required for cleaning lane and neighborhood passageways shall be arranged by the township people's government or the sub-district office.
The fund for cleaning village passageway shall be raised by the villager's committee.
The budget of environmental sanitation operation and maintenance in this Municipality shall be set in accordance with the principle of "unified quota, classified direction and differential administration" by the municipal administrative department of landscaping and city appearance jointly with the municipal administrative departments of finance, housing and urban-rural development, and transportation, etc.
The use of the fiscal fund for cleaning roads and public places shall be subjected to the supervision and inspection of the finance and auditing departments.
Article 10 (Bidding Documents)
Bidding documents for service items of cleaning operation of urban roads, special highway sections, and public places shall mainly include the following contents:
1. the name, area, term, operation manner and frequency, quality standards, and payment mode of the cleaning service items;
2. the facility, equipment, vehicle and location as well as the related management system matching the cleaning service items;
3. and the specialized technicians matching the cleaning service items.
Article 11 (Operation Service Agreement)
After an operation service unit is determined, the district administrative department of landscaping and city appearance or the town/township people's government shall sign an operation service agreement with the operation service unit.
The municipal administrative department of landscaping and city appearance shall formulate the model agreement text for cleaning operation service in this Municipality.
Article 12 (Requirements for the Norm of Operation Service)
An operation service unit of urban roads, special highway sections, and public places shall conduct cleaning operation in accordance with the defined operation manner and frequency, and shall observe the following service norm:
1. All operation personnel wear uniform clothes;
2. Operation facilities and equipment are clean, safe and effective;
3. The operation noise of vehicles shall be in conformity with the criteria of the State and this Municipality for ambient noise;
4. The mechanical cleaning operation shall avoid morning and evening rush hours to reduce impact on road traffic;
5. No conspicuous phenomena of airborne dust is produced in operation;
6. Cleansers and other products being used in operation are in conformity with relevant product quality standards and environmental requirements;
7. And rubbish generated in operation shall be collected in a timely manner and be thrown into the designated garbage collection container, and shall not be dropped in the waste bin or in the container for residents' domestic garbage collection.
A contingent or persons specially assigned for cleaning the lane and neighborhood passageway as well as the village passageway shall conduct daily cleaning on the regular time.
Article 13 (Emergency Disposition)
The municipal and district administrative department of landscaping and city appearance as well as the town/township people's government shall formulate emergency predetermined schemes for cleaning service contingency to urban roads, special highway sections, and public places, so as to do a good job of the guaranteed cleaning service in the case of significant activities and bad weather.
An operation service unit shall formulate a specific scheme of its own unit for emergency disposition in accordance with the emergency predetermined scheme for the cleaning service contingency in the locality, and file it with the district administrative department of landscaping and city appearance for record.
Article 14 (Appraisal)
The district administrative department of landscaping and city appearance or the town/township people's government shall organize an appraisal activity on the cleaning service quality for operation service units every year, and publicize the appraisal result. In the process of appraisal, it shall listen to opinions of units and persons in the cleaning service area, and take such opinions as significant basis for the appraisal result.
Article 15 (Social Publicity)
The municipal and district administrative department of landscaping and city appearance, the town/township people's government, and the sub-district office shall, through multi-forms, broadly publicize the related knowledge on the cleaning of roads and public places, enhance citizens' consciousness to keep the city appearance and environmental sanitation clean and tidy, respect the work of operation personnel, and cooperate in cleaning operations.
Article 16 (Complaints Disposition)
Every unit and individual is entitled to lodge complaints to the municipal or district administrative department of landscaping and city appearance as well as urban management and law-enforcement department against the phenomena that an operation service unit or operation personnel does damage to the quality of cleaning service.
The municipal or district administrative department of landscaping and city appearance as well as urban management and law-enforcement shall, within five days from the acceptance of the complaint, inform the complainant of the disposition opinions.
Article 17 (Rectification Requirement)
Any operation service unit that fails to conduct the cleaning operation accordingly or fails to reach the cleaning service quality by appraisal, in violation of the provisions of Paragraph 1 of Article 12 or Article 14 of these Procedures, shall make rectification in accordance with the stipulation of the operational service agreement.
Article 18 (Administrative Punishment)
Any behavior that violates the provisions of these Procedures shall be dealt with in accordance with the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation and relevant laws and rules.
Article 19 (Administrative Liability)
If the municipal or district administrative department of landscaping and city appearance or the town/township people's government, or other related administrative departments or any of their working personnel commits one of the following acts, in violation of the provisions of these Procedures, a punishment shall be given to the directly liable person and other persons in direct charge according to law:
1. illegally determining an operation service unit;
2. failing to dispose law-breaking acts according to law, failing to perform the duty of administration and supervision on the service of cleaning roads and public places;
3. enforcing the law either without legal basis or in violation of legal procedures;
4. or committing other illegal acts including abusing their power, neglecting their duties, and practicing favoritism and irregularities.
Article 20 (Cleaning of Public Facilities)
A property owner or its entrusted management unit shall take responsibility for cleaning of public facilities set up on roads and public places in this Municipality. The cleaning quality shall be in conformity with the quality standards requirements for cleaning roads and public places in this Municipality.
Article 21 (Effective Date)
These Procedures shall be effective as of July 1, 2012. The Interim Procedures of Shanghai Municipality on the Administration of the Cleaning Service to Roads and Public Places promulgated by Decree No. 68 of Shanghai Municipal People's Government on July 7, 1999 shall be repealed at the same time.