Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation
Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation
(September 22,2022)
No.126
(Adopted at the 33rd Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on November 14, 2001; amended for the first time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation adopted at the 3rd Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on April 24, 2003; amended for the second time in accordance with the Decision on the Amendment of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation adopted at the 9th Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on February 24, 2009; amended for the third time in accordance with the Decision on the Amendment of Nine Sets of Local Rules Including the Regulations of Shanghai Municipality on Water Supply adopted at the 8th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress; and revised at the 44th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on September 22, 2022)
Chapter I General Provisions
Article 1
With a view to carrying out the important philosophy of “the people’s city built by the people and for the people”, strengthening the administration of city appearance and environmental sanitation, guaranteeing that the city is tidy, orderly, warm and friendly, safe, and beautiful, realizing highly efficient governance, and creating high-quality life, these Regulations are formulated in accordance with relevant laws and administrative rules such as the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste and the Regulations of the People's Republic of China on the Administration of City Appearance and Environmental Sanitation, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations shall apply to the administration of city appearance and environmental sanitation and other related activities within the administrative area of this Municipality.
Article 3
The city appearance and environmental sanitation work of this Municipality shall meet the requirements for covering all areas, the whole process and all weathers and being law-based, standardized, smart and socialized, and follow the principles of people foremost, overall urban-rural planning, multi-level administration, green and low carbon, and social governance based on collaboration and common gains, and shall practice fine-tuned administration.
Article 4
The Municipal People’s Government shall strengthen its leadership over the city appearance and environmental sanitation work, establish a comprehensive coordination mechanism for the work, make unified planning for the work, study and decide major city appearance and environmental sanitation issues, and coordinate in handling cross-departmental and trans-district city appearance and environmental sanitation issues.
The district people’s governments shall strengthen their leadership over the city appearance and environmental sanitation work within their respective administrative area, and establish a corresponding comprehensive coordination mechanism to provide unified planning and coordination for the city appearance and environmental sanitation work within their respective administrative area.
The sub-district offices and town/township people’s governments shall, according to their functions and duties, administer the city appearance and environmental sanitation work within their respective area as well as coordinate and supervise the city appearance and environmental sanitation work within their respective area.
Article 5
The municipal landscaping and city appearance department shall be the competent department for this Municipality’s city appearance and environmental sanitation work, responsible for organizing the formulation of the plans, standards, technical norms and administrative norms related to city appearance and environmental sanitation, and perform the duties of organizing, coordinating, guiding and supervising the service and administration related to city appearance and environmental sanitation.
The district landscaping and city appearance department shall be responsible for organizing the city appearance and environmental sanitation administrative work within their respective administrative area.
The departments of development and reform, planning resources, housing and urban-rural development, public security, finance, civil affairs, agriculture and rural areas, commerce, market regulation, transportation, ecology and environment, water authority, culture and tourism, housing management, emergency management, health, customs, etc. shall, according to their respective duties, coordinate to implement these Regulations.
Article 6
In the case of acts in violation of the city appearance and environmental sanitation provisions prescribed by these Regulations, the urban management and law enforcement department and sub-district office or town/township people’s government (hereinafter collectively referred to as the “urban management and comprehensive enforcement departments”) shall carry out administrative punishment and relevant administrative checks and enforcement. The specific tasks to be performed by the urban management and comprehensive enforcement departments shall be determined by the Municipal People’s Government.
When the urban management and comprehensive enforcement departments carry out administrative punishment, they shall combine punishment with education, and educate citizens, legal persons or other organizations to abide by the law conscientiously.
Article 7
The municipal and district people’s governments shall incorporate the city appearance and environmental sanitation work into the planning for national economic and social development, improve the layout of the city appearance and environmental sanitation facilities, advance the comprehensive governance of city appearance and environmental sanitation, and guarantee the funds needed for the city appearance and environmental sanitation work according to law, thus upgrading the level and capability of the public service for city appearance and environmental sanitation.
Article 8
This Municipality shall enhance the development of a system of standards for city appearance and environmental sanitation, and shall, according to the requirements for scientific norms, a complete system, optimal structure, rational administrative hierarchy, and coordination and matching, draw up standards, technical norms, guidelines, quotas, etc. that cover all areas of city appearance and environmental sanitation so as to develop a high-level system of standards for city appearance and environmental sanitation—a system that meets the requirements for fine-tuned administration, satisfies the demand for high-quality life, and exhibits Shanghai’s urban and rural features.
Article 9
This Municipality shall promote digitalization transformation of the city appearance and environmental sanitation administration, and shall, by relying on the “Government Online-Offline Shanghai” and the “Integrated Online Administration” platforms, share administrative licensing and punishment information on city appearance and environmental sanitation together with such departments as public security, housing and urban-rural development, transportation, water authority, housing management, and urban management and law enforcement, and shall strive to achieve intelligent administration that integrates detection, analysis, handling, enforcement and service by using methods such as intelligent technology and grid management.
Article 10
During major events and important festivals in this Municipality, the municipal landscaping and city appearance department shall, jointly with relevant departments and district people’s governments, formulate special plans of service guarantee for city appearance and environmental sanitation, and organize implementation thereof.
Article 11
The municipal and district landscaping and city appearance departments shall strengthen enforcement cooperation with the urban management and comprehensive enforcement departments. When the landscaping and city appearance departments, during their routine administration, find acts in violation of the city appearance and environmental sanitation administrative provisions, they shall promptly transfer the clues to the urban management and comprehensive enforcement departments, which shall, in turn, report the handling results to the above departments.
When the urban management and comprehensive enforcement departments need the landscaping and city appearance departments‘ assistance during their investigation and handling of acts in violation of the city appearance and environmental sanitation administrative provisions, the latter departments shall render cooperation.
Article 12
The municipal and district landscaping and city appearance departments shall draw up emergency plans for contingencies in the city appearance and environmental sanitation sector, establish and improve the contingency-handling mechanisms, and organize drills.
The contingency-handling plans of the city appearance and environmental sanitation sector shall take into consideration the characteristics of the specialized areas of city appearance and environmental sanitation, and specify the categories and grades of contingencies, the commanding organization and its duties, the prevention and early-warning mechanism, the handing procedure, the guarantee measures, protection of people, facilities and equipment and their use, etc.
Article 13
This Municipality encourages and supports the scientific and technological research on city appearance and environmental sanitation, and strives to popularize and apply city-appearance and environmental-sanitation new techniques, technologies, equipment, materials and energies that are green, environment-friendly, energy-saving, low-carbon and highly-efficient.
Article 14
The municipal and district people’s governments shall improve the system of assessing the administrative responsibilities for city appearance and environmental sanitation.
The municipal landscaping and city appearance department shall assess the work of district landscaping and city appearance department by such methods as combining professional assessment with social evaluation, quantitative assessment with qualitative evaluation, and routine assessment with general evaluation.
The municipal landscaping and city appearance department shall, jointly with relevant departments, improve the system of supervising and inspecting city appearance and environmental sanitation, and strengthen supervisory administration of city appearance and environmental sanitation through such methods as spot checks, targeted supervisory inspections, and joint supervisory inspections.
Article 15
All units and individuals shall conscientiously safeguard city appearance and environmental sanitation; and in the case of acts in violation of city appearance and environmental sanitation administrative provisions, they have the right to dissuade such acts, and inform against such acts or report them to the relevant department.
Chapter II Administration of City Appearance
Article 16
By raising the standards for its urban and rural appearances and standardizing the acts that affect its urban and rural appearances, this Municipality shall improve the management of the facades of buildings (structures), landscape lighting, and outdoor facilities, create urban and rural appearances with special traits, and optimize the quality of public space, thus developing an excellent environment for human habitation.
Article 17
The municipal landscape and city appearance department shall, jointly with relevant departments, formulate the standards for this Municipality’s urban and rural appearances according to the guidance of high standards, in the light of this Municipality’s needs for urban-rural integrated development, and in view of the local humanistic features, and then submit these standards to the Municipal People’s Government for approval before organizing their implementation.
The standards for this Municipality’s urban and rural appearances should include the requirements for the landscaping appearances of the buildings (structures), residential quarters, village houses and courtyards, roads and water areas, public places, public facilities, urban greening programs, advertising signboards, lighting facilities, historical-cultural sites, and protected heritage architecture.
Article 18
The municipal landscape and city appearance department shall, jointly with relevant departments, draw up action plans for improving the urban-rural appearances according to the urban-rural appearance standards.
The action plans for improving the urban-rural appearances shall focus on developing beautiful streets, fashioning the city’s style, improving the villages’ public environment, and beautifying the rural landscape, and strive to strengthen the comprehensive rectifications of the city appearance and environmental sanitation in urban villages and old urban residential communities, so as to display the characteristics of urban-rural appearances.
The district people’s governments shall draw up their own action plans according to the municipal action plan, and organize the relevant departments, sub-district offices and town/township people’s governments to implement the plans.
Article 19
Buildings (structures) and other facilities shall be kept tidy, complete and good-looking. and be in harmony with the surroundings. With regard to the facades of the buildings (structures) along the two sides of this Municipality’s main roads and in its landscaping areas, and the facades of the public buildings and residential-quarters houses in other areas, the owners, administrators or users of the aforesaid buildings (structures) shall clean or whitewash them according to the relevant provisions. Where the facades are damaged, they shall repair them in time.
The street-side of the newly completed buildings on both sides of this Municipality’s streets shall, according to the plan and in an orderly way, choose to use walls that allow full or partial views, fences, hedges, flower beds and lawns as the boundaries. Where the existing walls do not conform to the requirements, they shall be rebuilt gradually according to the requirements, with the exception of protected historical and cultural sites and protected heritage architecture which need special protection.
This Municipality shall encourage various units to use such methods as removing or opening the walls and adjusting the forms to share their green areas and relevant space with the public.
The scopes of main roads and landscaping areas shall be determined by the municipal landscape and city appearance department together with relevant departments before being submitted to the Municipal People’s Government for approval, and then shall be published.
Article 20
No units or individuals shall post or hang publicity materials on trees, buildings (structures) or other facilities. In case anyone needs to temporarily post or hang publicity materials on trees, buildings (structures) or other facilities due to special circumstances, he shall obtain approval from the district landscape and city appearance department, post or hang such materials within the approved time and scope, and promptly remove them when the approved time expires. The sub-district offices and town/township people’s governments shall select appropriate places for setting up public billboards, and take charge of the daily management.
Units and individuals are prohibited from carving and scribbling on trees, buildings (structures) or other facilities.
Units and individuals are prohibited from distributing commercial publicity materials along main roads, and in landscaping areas, commercial areas, transport hubs, rail transit stations and other public places designated by the municipal landscape and city appearance department.
When the district landscape and city appearance departments, sub-district offices and town/township people’s governments find unapproved posting, hanging, carving, scribbling or distributing, and the violator fails to remove them in time, or it is difficult to identify the violator, they shall organize the removal.
For violation of the provisions of Paragraphs 1, 2 or 3 above, the urban management and comprehensive enforcement department shall order corrections or removal, and may issue a warning and impose a fine not less than 100 yuan but not more than 1,000 yuan. For the unit or individual that organizes the distribution of publicity materials in the form of unapproved posting, hanging, carving, scribbling, or distributing, the department may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
In the case of unapproved posting, hanging, carving, scribbling, or distributing publicity materials in violation of the provisions, if the number of the communication device is revealed, the urban management and comprehensive enforcement department shall notify the user of the number to subject himself to handling within a time limit. If he fails to accept the handling within the time limit, the aforesaid department shall issue a written notice to the communications administrative department to suspend the use of the communication number temporarily. Upon receiving the written notice, the communications administrative department shall promptly inform the relevant telecommunications business enterprises to suspend the use of the communication number temporarily.
Article 21
Units and individuals are prohibited from occupying, without approval, roads, bridges, pedestrian overpasses, underpasses or other public places to set up stalls for business, peddle commodities, and heap up commodities, which affect city appearance and environmental sanitation.
In this Municipality, business operators in the buildings (structures) on the two sides of the roads or around squares are prohibited from doing business outside of their doors, windows and exterior walls without approval.
For violation of the provisions of Paragraphs 1 and 2 above, the urban management and comprehensive enforcement department shall order corrections, and may impose a fine of not less than 100 yuan but not more than 1,000 yuan. In the case of setting up stalls for business or peddling commodities, it may temporarily withhold the commodities of the stalls and heaps as well as the tools related to the illegal acts.
In case of need, the district people’s government may, jointly with the relevant municipal departments, take into overall consideration such factors as city appearance and environmental sanitation, transport safety, public safety and consumption demand to delimit certain public areas for business activities. The district people’s government shall organize the formulation of specific plans to specify the area, time and business form for the business activities of the stalls and outside of the doors, windows and exterior walls as well as specify the main entities responsible for city appearance and environmental sanitation and the requirements for administration, all of which shall be made known to the public.
The town/township people’s governments may, in the light of the actual circumstances such as the local agricultural resources and conditions and the variety and features of the agricultural products, delimit certain public areas in the countryside for such business entities as rural villagers, home farms and farmers’ cooperatives to sell farm and sideline products they have produced. The rural villagers and various business entities shall abide by the requirements for city appearance and environmental sanitation within the public areas.
Article 22
It is prohibited to hang or dry articles along the roads or in other public places, or to hang or dry articles by using trees, guardrails, road signs, electric poles, etc. along roads or in other public places. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and may issue a warning, and impose a fine of not less than 50 yuan but not more than 200 yuan on an individual, and a fine of not less than 100 yuan but not more than 1,000 yuan on a unit.
The balconies, doors, windows and roofs of street-side buildings along both sides of main roads, and the buildings in landscaping areas and along rivers shall all be kept clean, tidy and beautiful, and no articles that affect the city appearance shall be hung, dried or heaped outside of the balconies and windows and on the roofs.
Article 23
Motor vehicles and vessels traveling in this Municipality shall maintain clean and tidy appearance. Road and waterway transport enterprises shall establish a responsibility system of washing and cleaning motor vehicles and vessels. Where a motor vehicle or vessel is not kept tidy and clean, the urban management and comprehensive enforcement department shall order corrections, and may impose a fine of not less than 100 yuan but not more than 1,000 yuan.
Article 24
When outdoor facilities such as landscape lighting devices, outdoor advertising facilities and outdoor signboards are set up, they shall match the functions of the areas, integrate into the historical features and humanistic-cultural traits of the neighborhoods, and harmonize with the surrounding landscape and city appearance.
Article 25
The municipal landscape and city appearance department shall, jointly with relevant departments, formulate a plan for landscape lighting and submit it for approval by the Municipal People’s Government. The landscape lighting plan shall delimit the core zones, important zones and important single buildings (structures) where landscape lighting devices are set up as well as the zones where they are prohibited from being set up.
The municipal and district landscape and city appearance departments shall, according to their respective duties and jointly with relevant departments, draw up schemes for implementing the aforesaid plan for the core zones, important zones and important single buildings (structures) and submit the schemes to the people’s governments at the same level for approval.
It is prohibited to set up landscape lighting devices in the prohibition zones designated by the plan. Where landscape lighting devices are set up in core zones, important zones and important single buildings (structures), they shall be set up according to the scheme for implementing the plan and the technical norms. Where landscape lighting devices are set up in other zones, they shall conform to the technical norms. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections or removal. In the case of refusal to correct or remove the devices, it shall impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.
Article 26
The landscape lighting devices that are set up in core zones, important zones and important single buildings (structures) delimited by the landscape lighting plan shall be incorporated into the municipal or district centralized landscape-lighting control systems, and observe the unified control in terms of the starting and ending time, lighting modes, and overall effects. Where the devices are not incorporated into the centralized control system, the urban management and comprehensive enforcement department shall order corrections; for refusal to make corrections, it shall impose a find of not less than 10,000 yuan but not more than 50,000 yuan.
During major events and important festivals held in this Municipality, the district landscape-lighting centralized control systems shall follow the requirements by the municipal landscape-lighting centralized control system.
Article 27
The person who sets up the landscape lighting devices shall keep them tidy, complete and in good working condition. Where landscape lighting devices have potential safety risks or have lost the value for use, the setting-up person shall repair or remove them in time. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections or removal. For refusal to correct or remove them, it shall impose a fine of not less than 500 yuan but not more than 5,000 yuan.
Article 28
The municipal landscape and city appearance department shall, jointly with the relevant departments, formulate a plan for setting up outdoor advertising facilities and submit it to the Municipal People’s Government for approval. The plan for setting up outdoor advertising facilities shall delimit the prohibition zones, display zones and control zones for outdoor advertising facilities.
Each district landscape and city appearance department shall draw up its scheme for setting up outdoor advertising facilities within its jurisdiction, and submit it for approval by the municipal landscape and city appearance department together with the municipal departments of planning resources, market regulation, etc.
Article 29
The setting up of outdoor advertising facilities shall conform to the plan for setting up outdoor advertising facilities, the implementation scheme, and the technical norms. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections or removal. For violation of the setting-up plan and the implementation scheme, it shall impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; for violation of the technical norms, it shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan
In the case of large outdoor advertising facilities determined by the relevant state and municipal provisions and outdoor advertising facilities that may affect public safety because of their structures, sizes, locations, etc., they shall not be set up before approval by the municipal or district landscape and city appearance departments. Where it is necessary to set up temporary outdoor advertising facilities owing to the need of major events, the setting-up person shall draw up a setting-up scheme according to the technical norms and submit it to the municipal or district landscape and city appearance departments for approval. The setting-up period for the facilities shall not exceeds 30 days. For facilities set up without approval, the urban management and comprehensive enforcement department shall order removal, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan,
To set up outdoor advertising facilities not covered in the preceding Paragraph, the setting-up person shall undergo the filing procedure with the district landscape and city appearance department before he sets up the facilities. For failure to undergo the filing procedure, the urban management and comprehensive enforcement department shall order corrections, and, for refusal to make the corrections, impose a fine of not less than 1,000 yuan but not more than 3,000 yuan.
To set up new-type outdoor advertising facilities, the setting-up person shall first receive the technical assessment organized by the municipal landscape and city appearance department jointly with relevant departments, and may undergo the relevant procedure according to law only after passing the technical assessment.
No units and individuals may provide carriers for setting up outdoor advertising facilities that do not conform to the plan and implementation scheme for setting up such facilities. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.
Article 30
Where outdoor advertising facilities are set up by using mobile carriers such as vehicles, ships, airships, pilotless free balloons, and drones, they shall conform to the state and municipal provisions on mobile outdoor advertisements and the technical norms, and shall obey the administrative provisions on road, waterway and air transportation. To set up new-type outdoor advertising facilities, one must pass the technical assessment organized by the municipal landscape and city appearance department jointly with relevant departments, and set up such facilities according to the assessment results. For violation of the provisions on setting up mobile outdoor advertisements, the urban management and comprehensive enforcement department and the transport department shall, according to their respective duties, order corrections, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan. For non-compliance with the technical norms for mobile outdoor advertisements, the urban management and comprehensive enforcement department and the transport department shall, according to their respective duties, order corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
Article 31
The setting up of outdoor signboards shall conform to the requirements of the technical norms and the setting-up guidelines. For violation thereof, the urban management and comprehensive enforcement department shall order corrections or removal; for refusal to correct or remove them, it shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
The district landscape and city appearance department shall, jointly with relevant departments, formulate guidelines for setting up outdoor signboards along the main roads, in the landscaping areas, historical-cultural sites, and other important areas, and at cultural relics protection units, protected heritage architecture and other important buildings. The guidelines for setting up outdoor signboards shall embody the features of the local environment, architectural styles and business forms, and provide enough room for the setting-up person to demonstrate his personal style and creativity and avoid a homogeneous style, color and type font.
In the case of setting up outdoor signboards in the historical-cultural sites or the historical-cultural-style protected neighborhoods, along the protected roads or protected riversides, or at protected cultural relics units or protected heritage architecture, or in the case of setting up outdoor signboards that may affect public safety owing to factors such as structures, sizes and localities, the setting-up person or unit shall first obtain approval by the district landscape and city appearance department. If the outdoor signboards are set up without approval, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall order removal, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
To set up outdoor signboards not covered by the preceding Paragraphs, the setting-up person shall undergo the filing procedure with the sub-district office or the town/township people’s government before setting up the signboards. The municipal and district landscape and city appearance departments shall establish a corresponding working mechanism, and improve the relevant smart administrative information system, so as to create conditions and provide guidance and support for the sub-district offices or the town/township people’s governments to conduct legal administration and service for outdoor signboard setting-up. For failure to undergo the filing procedure for setting up outdoor signboards, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 300 yuan but not more than 1,000 yuan.
Article 32
The person who sets up outdoor advertising facilities and outdoor signboards shall strengthen routine management to maintain such facilities, and promptly repair or replace the damaged, incomplete, dirty, corroded or outdated patterns, words and lights. For failure to repair or replace them in time, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 500 yuan but not more than 5,000 yuan.
In the case of outdoor facilities that have potential safety risks or have lost the value for use, the person who set up them shall repair or remove them. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections or removal. For refusal to correct or remove them, it shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
After the issuance of warnings of disastrous weathers such as typhoons, heavy rain, snowstorm, and thunder and lightning, the person who set up the outdoor facilities shall strengthen safety checks of such facilities and take the corresponding preventive safety measures to eliminate the safety risks.
With regard to outdoor advertising facilities and outdoor signboards that have been set up with approval, the setting-up person shall conduct safety checks according to provisions. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
The municipal and district landscape and city appearance departments and the sub-district offices and town/township people’s governments shall strengthen safety supervision over the outdoor facilities, and conduct safety checks through entrusting professional testing units by means of government procurement. When necessary, they may organize concentrated safety checks and rectifications of the outdoor facilities.
Article 33
Where the owners of such carriers as the buildings (structures) which carry such outdoor facilities as outdoor advertising facilities and outdoor signboards are not the same as the setting-up persons, the owners shall urge the setting-up persons to set up, maintain and manage the outdoor facilities in accordance with law.
Where the valid period for the outdoor advertising facilities has expired, or the setting-up person no longer needs the outdoor signboards owing to his moving out or stopping the rent, he shall remove them. If he fails to remove them in time, the owner of the carrier of the outdoor facilities shall remove them.
Article 34
The municipal and district landscape and city appearance departments and the sub-district offices and town/township people’s governments may organize the service for the city appearance guarantee by means of government procurement, etc. The norms for the city appearance guarantee shall be formulated by the municipal landscape and city appearance department jointly with relevant departments.
Chapter III Administration of Environmental Sanitation
Article 35
This Municipality shall improve the environmental sanitation quality and create a tidy, clean and orderly urban-rural environment through formulating special plans for environmental sanitation facilities, constructing the supportive environmental sanitation facilities, optimizing the norms for environmental sanitation operation and service, and improving the comprehensive treatment of garbage.
Article 36
The municipal landscape and city appearance department shall formulate special plans for environmental sanitation facilities, specify environmental sanitation facilities including household garbage treatment facilities, construction garbage treatment facilities, public toilets, places for environmental sanitation operation and service people to rest in, enclosed management sites, parking lots for environmental sanitation operation vehicles, and wharves for water area cleaning, and shall incorporate such facilities into the corresponding territorial space planning in accordance with law.
The municipal and district landscape and city appearance departments shall, according to the special plans for environmental sanitation facilities, formulate their annual construction schemes and organize implementation thereof.
Article 37
The supportive environmental sanitation facilities shall be constructed according to state and municipal prescriptions and standards for setting up environmental facilities, and be designed, constructed and put to use simultaneously with the main construction projects. When reviewing the design scheme, the planning resource department shall solicit the opinions of the landscape and city appearance department.
Article 38
The public toilets shall be reasonably distributed by conforming to the standards for setting up environmental sanitation facilities and considering such factors as local characteristics and the flowing and gathering of people. At farmers’ markets, rail transit stations, tourist attractions, etc., public toilets shall be set up according to the prescriptions.
In newly built and rebuilt public toilets, accessible compartments shall be set up, the proportions of men’s and women’s toilets shall be improved, and more facilities and equipment suitable for elderly people and young children shall be set up. In newly built and rebuilt public toilets at places with large flows of people such as large stores, cultural venues, stadiums, gymnasiums, tourist attractions and parks, unisex toilets shall be set up. Rural areas are encouraged to build ecological public toilets.
Public toilets shall be open to the public free of charge. If the conditions permit, public toilets built with government investment shall be open 24 hours. The toilets of street-side units are encouraged to be open to the public, with the openness of the toilets being a factor of the units’ performance of their social responsibility and included in their evaluation system.
Public toilets shall be kept tidy and clean. The units operating and managing farmers’ markets, rail transit stations, tourist attractions, etc. shall, in the light of the actual circumstances, increase the frequencies of toilet cleaning, and carry out their administrative responsibilities.
Article 39
The units managing and using environmental sanitation facilities shall properly maintain and repair the environmental sanitation facilities to keep them running normally.
No units and individuals shall occupy and damage environmental sanitation facilities. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
It is prohibited to close, leave idle or remove environmental sanitation facilities. When a person finds it indeed necessary to close, leave idle or remove household garbage treatment facilities, he shall obtain approval after the landscape and city appearance department consults with the ecology and environment department for the latter’s consent, and also take measures to prevent environmental pollution. When it is indeed necessary to close, leave idle or remove other environmental sanitation facilities, the approval from the landscape and city appearance department shall be obtained. When a person closes, leaves idle or removes environmental sanitation facilities, he shall solicit the opinions of the local sub-district office or the town/township people’s government. If he closes, leaves idle or removes environmental sanitation facilities without approval, the urban management and comprehensive enforcement department shall order corrections. In the case of closing, leaving idle or removing household garbage treatment facilities without approval, it shall impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan; in the case of closing, leaving idle or removing other environmental sanitation facilities without approval, it shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 40
Multigrade cleaning and sweeping shall be carried out for this Municipality’s roads, water areas and public places according to such factors as the functions of these areas and the traffic volumes. The grades and specific scopes of the cleaning and sweeping shall be determined by the municipal landscape and city appearance department in conjunction with relevant departments.
In response to the needs of urban development, this Municipality will gradually upgrade the requirements for the quality of the cleaning and sweeping along roads and in water areas and public places. The cleaning and sweeping of the roads, water areas and public places shall reach the standard of no various kinds of wastes, pet excrement and sewage.
The landscape and city appearance departments, water authorities, sub-district offices and town/township people’s governments shall strengthen supervision over the quality of sweeping and cleaning of the passages within branch streets and neighborhood lanes and the passages within villages as well as over the quality of the cleaning of the water areas under the town/township administration.
Article 41
Where the environmental sanitation operation and service such as the sweeping and cleaning of roads, water areas and public places and the collecting and transportation of household garbage and excrement are paid by fiscal funds, they shall be undertaken by the environmental sanitation operation and service units determined by the municipal and district landscape and city appearance department and the sub-district offices and town/township people’s governments through government procurement.
An environmental sanitation operation and service unit shall not subcontract its operation and service to a third party.
Article 42
An environmental sanitation operation and service unit shall sweep and clean according to the standards for environmental sanitation operation and service. When the unit sweeps and cleans roads, water areas and public places, it shall do it according to the prescribed quality, operation mode, frequency and time, and reduce the influence on the normal order of transportation and life. For failure to sweep and clean according to the standards for environmental sanitation operation and service, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
The municipal and district landscape and city appearance departments and the sub-district offices and town/township people’s governments shall strengthen supervision and inspection of the operation and service quality through such methods as regular evaluation of the operation and service quality.
Article 43
The municipal and district landscape and city appearance departments shall better guarantee the equipment and facilities for environmental sanitation operation, promote the use of new-energy operation vehicles, and promote the environmental sanitation operation and service units to raise the levels of mechanized and intelligent operation and service.
Article 44
Vessels shall set up collecting containers that match the quantities of household garbage, daily sewage and oily sewage they generate, and keep the containers in normal conditions for use.
When vessels are engaged in cargo handling or sailing, they shall take measures to prevent household garbage, daily sewage and oily sewage from polluting waters.
Article 45
Vehicles and vessels that transport cement, sand, garbage, etc. shall take measures such as enclosing, binding and covering to prevent leakage and spillage. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and may issue a warning and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.
Article 46
A unit engaged in washing vehicles shall, within 10 days of obtaining the business license, undergo the filing procedure with the district landscape and city appearance department. The vehicle-washing unit shall, according to the technical norms, be equipped with the premises, facilities and equipment appropriate to its business size. For failure to undergo the filing procedure, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 1,000 yuan but not more than 3,000 yuan.
The oil stains, silt, sewage and other dirty wastes generated from vehicle washing shall be treated according to the relevant provisions on environmental protection, drainage and environmental sanitation, and shall not be discharged, heaped up and dumped without approval.
Anyone providing vehicle-washing vehicles is prohibited from occupying roads and squares. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
The municipal landscape and city appearance department shall, jointly with relevant departments, draw up technical norms to specify the requirements for environmental sanitation facilities, equipment and premises for vehicle washing as well as for water conservation.
Article 47
It is prohibited to raise poultry and livestock in the non-rural areas of this Municipality, with the exception of raising them for the purposes of teaching, research and other special needs. For violation of the provisions, the urban management and comprehensive enforcement department shall order disposal of them within a time limit or confiscate them, and may impose a fine of not less than 50 yuan but not more than 500 yuan.
Pet keeping shall not affect the environmental sanitation. With regard to the excrement produced by pets on roads and in other public places, the pet keeper or manager shall remove them in time. For failure to remove the pet excrement in time, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 20 yuan but not more than 200 yuan.
The keeping of homing pigeons shall conform to the relevant provisions by the sports administrative department, have the necessary conditions, and take measures to prevent negative influence on the surrounding environment sanitation. Where the keeping of homing pigeons affects the environmental sanitation, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 100 yuan but not more 1,000 yuan.
Article 48
In this Municipality, such activities as the reduction of household garbage at its source, and the domestic-garbage drop-off, collecting, transportation, treatment and utilization as resources shall all abide by the state and municipal laws and rules on household garbage administration.
The person responsible for the administration of the domestic-garbage classification and drop-off shall keep tidy the environment around the collecting containers, drop-off sites and delivery places for classified household garbage. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 100 yuan but not more than 1,000 yuan.
Article 49
Following the principle of garbage reduction, use as resources and innocuous treatment, this Municipality shall classify, collect, transport, transfer, sort and treat construction waste, promote reduction of construction garbage at its source and recycling and use of construction waste, and expand the channels for products that use construction garbage as resources. Construction garbage includes construction project garbage and decoration garbage.
Article 50
The construction project garbage produced by a project construction unit in its construction process shall be heaped at a fixed place and carried off in time.
The project construction unit shall draw up a scheme for treating construction project garbage, take measures to prevent and treat pollution, report the scheme to the local district landscape and city appearance department for record, obtain the construction garbage treatment license, and entrust a transport unit with the construction project garbage transport license to transport the garbage. In the case of failure to obtain the construction garbage treatment license, or entrustment with a transport unit without the construction project garbage transport license to transport the garbage, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
A unit for transporting construction project garbage shall obtain the construction project garbage transport license issued by the municipal landscape and city appearance department; the transport unit shall not transport the construction project garbage produced by a project construction unit that has not obtained the construction garbage treatment license. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan, and may withhold the violator’s transport vehicle according to law.
Vehicles and vessels for transporting construction project garbage shall have the same logo installed in a uniform way, use electronic information devices, and carry the construction garbage treatment license with them. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 500 yuan but not more than 5,000 yuan.
Vehicles and vessels for transporting construction project garbage shall operate within the areas and periods of time prescribed by the departments of transportation, public security and maritime safety, and shall not be overloaded with construction project garbage.
It is prohibited to dump, spill, heap or treat construction project garbage without approval. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan on a unit, and a fine of not less than 5,000 yuan but not more than 50,000 yuan on an individual.
In the event of violation of the provisions of this Article and Article 45, if the transport unit is involved in a serious case, the municipal urban management and law enforcement department shall revoke its construction project garbage transport license.
The construction waste cement in the construction project garbage shall be recycled and used as resources in accordance with the relevant prescriptions of this Municipality. The specific methods shall be formulated by the municipal housing and urban-rural development department in conjunction with the municipal landscape and city appearance department.
Article 51
The units and individuals that produce decoration garbage shall drop off the decoration garbage at the decoration-garbage heaping sites or collecting containers according to the provisions. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 100 yuan but not more than 1,000 yuan on an individual, and a fine of not less than 500 yuan but not more than 5,000 yuan on a unit.
The person responsible for administration of decoration garbage drop-off such as a real estate service enterprise shall cover, shield or enclose the decoration-garbage heaping site, and keep the environment tidy and clean. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections; for refusal to make the corrections, it shall impose a fine of not less than 100 yuan but not more than 1,000 yuan.
Decoration garbage shall be collected and transported by a city-appearance and environmental-sanitation operation and service unit that meets the requirements, and the person responsible for administration of decoration garbage drop-off such as a real estate service enterprise shall entrust the city-appearance and environmental-sanitation operation and service unit to collect and transport the decoration garbage. It is prohibited to dump or spill decoration garbage without approval. For violation of the provisions, the urban management and comprehensive enforcement department shall order corrections, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
The fees for cleaning and transporting decoration garbage shall be borne by the person who produces the garbage. A fee-collecting system is adopted for decoration garbage treatment, and the fee levels shall follow the relevant state provisions.
Article 52
The following acts affecting environmental sanitation are prohibited:
1. spitting, urinating or defecating anywhere;
2. throwing anywhere peels, scraps of paper, cigarette ends, pop cans, gums, face masks, and other litter;
3. dumping sewage and excrement, and throwing the bodies of animals such as livestock, poultry and pets anywhere; and
4. other acts damaging to environmental sanitation as provided for by laws and rules.
For violation of the provisions in the preceding Paragraph, the urban management and comprehensive enforcement department shall order corrections, and may issue a warning and impose a fine. For violation of the provisions of Items 1 and 2 of the preceding Paragraph, it may impose a fine of not less than 50 yuan but not more than 200 yuan; for violation of the provisions of Item 3 of the preceding Paragraph, it may impose a fine of not less than 50 yuan but not more than 200 yuan on an individual, and a fine of not less than 5,000 yuan but not more than 50,000 yuan on a unit.
Article 53
After occurrence of major public health events such as infectious diseases, the unit operating or managing park green space, public toilets, garbage collecting facilities and garbage heaping sites shall disinfect such places in accordance with relevant provisions.
Article 54
Where household garbage and decoration garbage cannot be transported and treated owing to a contingency, the municipal landscape and city appearance department may temporarily adjust the method, time and place of household and decoration garbage drop-off, lightering, collecting, transportation and treatment.
The person responsible for administration of household garbage classification and drop-off shall, according to the adjusted requirements, collect and lighter household garbage. The district landscape and city appearance department and housing management department, etc. shall, according to their respective duties, strengthen guidance, urging and coordination. If the person responsible for administration of household garbage classification and drop-off is unable to perform his duty for special reasons, the sub-district office or town/township people’s government shall organize the work of collecting and lightering the household garbage.
If the disposal of wastes others than household and decoration garbage needs concerted efforts, the relevant departments shall, jointly with landscape and city appearance departments, draw up schemes of joint handling to ensure normal operation of the environmental sanitation facilities and timely disposal of other wastes.
Article 55
After the occurrence of a contingency, the district people’s government shall, according to the emergency scheme for contingencies, properly solve such problems as the temporary residential places and appropriate operation conditions for environmental-sanitation operation and service personnel, and avoid major impact on the normal maintenance of the environmental sanitation.
Chapter IV Joint Social Governance
Article 56
This Municipality shall establish and improve the mechanism for the public’s whole-process participation in city appearance and environmental sanitation, and protect, in accordance with law, the public’s rights to know, participate, express opinions and supervise in the city appearance and environmental sanitation work.
When formulating plans, standards, technical norms, guidelines and administrative schemes, the municipal and district landscape and city appearance departments and the sub-district offices and town/township people’s governments shall solicit the opinions of the relevant units, individuals and other people in society.
Article 57
The landscape and city appearance departments and the departments of education, health, commerce, transportation, culture and tourism, etc., and units operating and managing such public places as airports, rail and bus stations, wharves, scenic sites, part green space, etc. shall all strengthen publicity and education on city appearance and environmental sanitation to enhance public awareness of protecting the city appearance and environmental sanitation.
Radio, television, the press, cyberspace and the publicity media in public places shall conduct public-benefit publicity on city appearance and environmental sanitation.
Article 58
The municipal landscape and city appearance department shall take the initiative to publicize the public service information on city appearance and environmental sanitation, and provide the public with such information as the starting and finishing time of landscape lighting, the areas of the landscape sites and the locations of public toilets, so as to facilitate the public.
Article 59
A system of city-appearance and environmental-sanitation responsibility zones is adopted in this Municipality. The responsibility zones usually refer to certain areas outside of the buildings (structures) or other facilities and sites owned, used or managed by the relevant units and individuals. The specific areas shall be determined by the municipal or district landscape and city appearance departments in accordance with the standards published by the municipal landscape and city appearance department. The person responsible for a city-appearance and environmental-sanitation responsibility zone shall be determined in accordance with the following provisions:
1. For residential quarters managed by a real estate enterprise, the real estate enterprise or other managers entrusted by the real estate owners shall be responsible; for residential quarters not managed by a real estate enterprise, the urban residents’ committee or the villagers’ committee shall be responsible.
2. For the water areas along the river banks, the unit using or managing the banks shall be responsible; for the water areas occupied by facilities such as sluices, jetties and waterside platforms, the unit using or managing the facilities shall be responsible; for the water areas occupied by wharves and their ancillary facilities and by berthing vessels, the unit using or managing the wharves shall be responsible.
3. For subways, light railways, tunnels, elevated highways, highways and railways, the operating or managing units shall be responsible.
4. For public places such as cultural, sports, entertainment and sightseeing sites, park green space, airports, and stations, the operating or managing units shall be responsible.
5. For farmers’ markets, exhibition venues, shopping malls, supermarkets, restaurants, hotels, streetside stores, etc., the operating or managing units or individuals shall be responsible.
6. For the peripheral areas of state organs, mass organizations, schools, troops, enterprises, public institutions, etc., the relevant units shall be responsible.
7. For construction sites, the construction units shall be responsible, and for land plots to be constructed, the development units shall be responsible.
8. For the public areas in bonded zones, economic development zones, industrial parks and new and high technology parks, the administrative units shall be responsible.
In the case of areas for which the preceding Paragraphs have not clearly defined the responsible units or individuals, the local district landscape and city appearance department, jointly with the sub-district office or the town/township people’s government, shall determine the responsible units or individuals.
In areas between districts without clear responsibility or with disputes over the appropriate responsible units or individuals, the municipal landscape and city appearance department shall determine the responsible units or individuals.
Article 60
The city-appearance and environmental-sanitation responsibility zones shall assume the following responsibilities:
1. keep the city appearance tidy and clean, without unapproved stalls, erected structures, posters, graffiti, scribbles, hangings and heaps, without illegal parking of non-motorized vehicles, and without accumulated snow and ice that affect passage; and
2. keep the environmental sanitation tidy and clean, with no exposed garbage, excrement, sewage and dirt on land, and with no floating garbage in water areas.
The person responsible for city appearance and environmental sanitation shall dissuade and stop acts in violation of the administrative prescriptions on city appearance and environmental sanitation; if failing to dissuade and stop them, he shall report to the landscape and city appearance department or the urban management and comprehensive enforcement department.
If the person responsible fails to perform his duties, the urban management and comprehensive enforcement department shall order corrections, and may issue a warning and impose a fine of not less than 100 yuan but not more than 1,000 yuan.
The district landscape and city appearance department shall make the notice on responsibilities to specify the specific scopes and responsibilities for the city appearance and environmental sanitation responsibility zones, and the sub-district offices and town/township people’s governments shall issue the notice to the responsible persons within their respective jurisdiction.
Article 61
The city appearance and environmental sanitation of the public facilities of postal service, water, electricity, telecommunications, transportation, etc. shall be the responsibility of the owner units of the aforesaid facilities.
Article 62
This Municipality encourages self-management of city appearance and environmental sanitation through various methods.
This Municipality’s industry associations related to city appearance and environmental sanitation shall formulate norms for industry self-discipline, and conduct professional training and evaluation, to jointly advance the administrative work of city appearance and environmental sanitation.
This Municipality encourages urban residents’ committees and villagers’ committees to organize residents and villagers to draw up local covenants on protecting city appearance and environmental sanitation, and mobilize residents and villagers to participate in activities of rectifying city appearance and environmental sanitation, in order to create a tidy, clean, fine and civilized environment.
Article 63
The municipal and district landscape and city appearance departments shall establish a system of evaluating the city-appearance and environmental-sanitation quality to evaluate this Municipality’s city-appearance and environmental-sanitation quality. The municipal city-appearance and environmental-sanitation quality evaluation system shall rationally formulate the evaluation contents and standards, with citizens’ satisfaction as an important evaluation indicator. The evaluation results shall be made known to the public.
The municipal and district landscape and city appearance departments shall establish a system of citizens’ inspection tours, and invite representatives of the citizens to conduct inspection tours of city appearance and environmental sanitation and make evaluation thereof.
Article 64
The landscape and city appearance departments shall, jointly with relevant departments, establish an administrative system of city-appearance and environmental-sanitation credit, converge relevant credit information on units and individuals onto the municipal public credit information service platform in accordance with the state and municipal prescriptions, and take measures of incentivizing good credits and punishing bad credits in accordance with law.
Article 65
During the evaluation of the public initiatives to promote cultural and ethical advancement carried out by civilized city areas, communities, neighborhoods, towns, villages, units and campuses as well as the health promotion initiatives carried out by health communities (villages), the administration of the aforesaid places and units over city appearance and environmental sanitation shall be included in the evaluating standards.
Article 66
This Municipality encourages units and individuals to participate in public campaigns such as “patriotic health month”, supports volunteer service organizations and volunteers to legally participate in the city-appearance-and-environmental-sanitation-administration-related publicity, mobilization, guiding demonstration, evaluation and assessment, city appearance maintenance, and environment cleaning, with a view to jointly improving the environmental sanitation.
This Municipality encourages non-governmental units to use such methods as “love transmission stations” to provide city-appearance and environmental-sanitation operation and service personnel with services like rest and drinking water.
Chapter V Supplementary Provisions
Article 67
In the case of acts in violation of the provisions of these Regulations, if laws and rules have already provided for handling, such laws and rules shall be followed.
In the case of violation of the administrative provisions of these Regulations on landscape lighting, outdoor advertising facilities, outdoor signboards, etc., if conditions for compulsory performance such as a substitute performance are met, the urban management and comprehensive enforcement department shall handle the cases in accordance with laws and administrative rules including the Administrative Coercion Law of the People's Republic of China and the Urban and Rural Planning Law of the People's Republic of China.
In the case of violation of these Regulations, if the violator has illegal income, not only shall he refund it, but also his illegal income shall be confiscated in accordance with the Law of the People's Republic of China on Administrative Penalty.
In the case of a minor offense in violation of the provisions of these Regulations, the violator may not be subject to an administrative penalty according to law if his offense is so defined in the Law of the People's Republic of China on Administrative Penalty. Though he is not subject to administrative penalty, he shall receive proper education. In view of the administrative status quo and the enforcement reality, the municipal urban management and law enforcement department shall, jointly with the municipal landscape and city appearance department, formulate a list of minor offenses not subject administrative penalties.
Article 68
These Regulations shall be effective as of December 1, 2022.