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Administrative
Rules of Shenzhen Special Economic Zone on Urban Road Illumination
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(discussed
and approved at the 53rd meeting of the Executive Committee of the
Second Shenzhen Municipal
People' s Government, and promulgated
by Decree 59 of Shenzhen Municipal People' s Government on 3,
March, 1997)
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Article
1 In
order to strengthen the administration on urban road illumination
in Shenzhen Special Economic Zone
(hereinafter referred to as the
special zone), and improve the city environment in the special
zone,
these regulations are formulated.
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Article
2
These regulations shall apply to the planning, design and
construction of urban road illumination in
the city planning area
of Shenzhen, and the use, maintenance and administration of road
illumination
facilities.
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The
urban road mentioned in these regulations refers to the municipal
road, the road in residential
or industrial district, operational
freeway, bridge or tunnel.
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The
road illumination facilities mentioned in these regulations
include the lamp posts and lanterns
erected on urban roads, the
electricity transformation or distribution facilities, pipelines
and working
wells set up especially for road illumination, and
other necessary accessory illumination facilities.
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Article
3 All
units and individuals shall undertake the obligation of protecting
the illumination facilities of
urban road, and have the right of
stopping, exposing or complaining about the activity violating
these
regulations.
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Article
4 The
administrative department of city appearance of Shenzhen municipal
people' s government shall be
the competent department of urban
road illumination in the special zone (hereinafter referred to as
the municipal competent department of road illumination), and
execute the uniform administration on urban road illumination
within the special zone.
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The
professional administrative organization of urban road
illumination in the special zone (hereinafter
referred to as the
professional administrative organization of road illumination)
shall execute uniform
maintenance and administration to the
illumination facilities of urban road according to the entrustment
of municipal competent department of road illumination, and
undertake other tasks assigned by it.
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Article
5
The planning and design of urban road illumination of the special
zone shall be conducted according
to relevant state standards on
urban road illumination. The illumination design of quick road or
main
road shall be conducted referring to relevant international
standards on road illumination.
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The
detailed rules of implementing the standards on road illumination,
which are stipulated in the preceding
paragraph, in the process of
planning, design, construction or acceptance check shall be
drafted, publicized
and implemented by the municipal competent
department of road illumination, jointly with the municipal
competent departments of planning state-owned land and
construction.
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Article
6
The construction unit, which builds, expands or rebuilds the road
illumination facilities on a municipal
road, in a residential or
industry district, shall submit the design to the municipal
competent department
of planning state-owned land for applying the
Planning License of Construction Project. The municipal competent
department of planning state-owned land shall solicit opinions
from the municipal competent department
of road illumination and
the professional administrative organization of road illumination
when examining
the preliminary design of construction project, and
shall issue the Planning License of Construction Project with
examination according to prescribed procedures.
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The
construction unit shall submit the design concerning the road
illumination construction of operational
freeway, bridge or tunnel
to the municipal professional administrative organization of road
illumination
for record.
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Article
7
The municipal construction competent department shall organize the
construction of illumination facilities
of municipal road
according to the planning of city construction in the special
zone. The construction
expenses shall be listed in the overall
budget of the municipal road construction.
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The
construction unit shall organize, or entrust the professional
administrative organization of road
illumination to organize the
design and construction of the illumination facilities on
operational
freeway, on bridge, on road in residential or industry
district or in tunnel according to the standards stipulated
in
Article 5 of these regulations.
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Article
8
The municipal competent department of road illumination shall
participate in the acceptance check after
the road illumination
construction on municipal road, in residential or industry
district is completed.
In case that the urban road illumination
project does not pass the acceptance check, the municipal
construction competent department shall order the construction
unit to make correction within a time limit. In case
that the
construction unit does not make correction within the time limit,
the municipal administrative
department of construction shall
force the project to be rebuilt, or entrust the professional
administrative
organization of road illumination to rebuild the
project. The rebuilding expenses shall be paid by the construction
unit. The professional administrative organization of road
illumination shall organize the acceptance
check, in case that it
is entrusted to manage the road illumination facilities of
operational freeway,
bridge or tunnel.
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Article
9
The professional administrative organization of road illumination
shall bring forward the scheme of
heavy reparation or rebuilding
of the illumination facilities of municipal road, and may not
organize
the construction until the municipal competent department
of road illumination approves. The expenses of heavily repairing
or rebuilding the illumination facilities of municipal road shall
be listed in the yearly plan of municipal
finance.
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Article
10
The professional administrative organization of road illumination
shall perform the following functions
and duties:
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(1)
guaranteeing that there are more than 95% road lanterns lightening
in the lighting time prescribed
by the municipal competent
department of road illumination, and making the intensity and
brightness
of road illumination meeting the prescribed standards;
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(2)
keeping the illumination facilities of urban road in good, clean
condition, and in normal operation;
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(3)
keeping well the technology materials and files concerning urban
road illumination, and delivering
them to the municipal
administrative department of construction file according to
regulations;
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(4)
issuing notice in advance when it is necessary to turn off all the
road lanterns of road, bridge
or tunnel because of rebuilding or
reparation, and taking necessary measures to provide temporary
illumination;
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(5)
undertaking other management work of road illumination entrusted
by the competent department of
road illumination.
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Article
11
The extra fee of electric charge, which is collected by the
department of power supply, shall be the
special fund for
maintaining the illumination facilities of urban road, and shall
mainly be used to
pay the following expenses:
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(1)
the electric charge generated from the road illumination
facilities managed by the professional
administrative organization
of road illumination;
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(2)
the charge generated from the medium or light reparation of road
illumination facilities managed
by the professional administrative
organization of road illumination;
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(3)
the expenses of technology innovation or equipment renewal for
road illumination facilities;
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(4)
the expenses of maintaining, renewing or purchasing traffic or
mechanical equipments required by
the professional administrative
organization of road illumination to manage or maintain the road
illumination
facilities.
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Article
12
The road illumination facilities on the road in residential or
industry district, on operational freeway,
on bridge, or in tunnel
shall be managed according to Article 10 of these regulations by
the management
unit of residential district, industry district,
freeway, bridge or tunnel.
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In
case that the management unit mentioned in the preceding paragraph
entrusts the professional administrative
organization of road
illumination to manage, the required management expenses shall be
paid by the
entrusting unit.
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Article
13
Any unit or individual, who may hamper the normal operation of
road illumination facilities when doing
municipal construction or
other construction according to law, shall report in advance to
the administrative
organization or management unit of the road
illumination facilities, and may not start construction until
having taken prevention or remedial measure. The expenses
generated from the prevention or remedial measure
shall be paid by
the constructor or builder.
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The
provisions in preceding paragraph shall not apply in the
circumstance that the administrative department
taking charge of
rescue and relief work takes measure to illumination facilities of
urban road due
to the needs of dealing with emergency or disaster.
In case that the road illumination facility is damaged, the
administrative department taking charge of rescue and relief work
shall inform the management unit to
deal with in time.
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Article
14
It is forbidden to commit any activity of hampering urban road
illumination or destroying road illumination
facility. The
violator shall be ordered to stop the misfeasance by the municipal
competent department
of road illumination. The person liable may
be imposed corresponding penalty according to the seriousness of
circumstance in consistence with the following rules:
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(1)
anyone, who removes, moves, changes, occupies, steals or damages
the illumination facility of urban
road, shall be ordered to
restore the original state, compensate for the loss and be imposed
a fine
of 3,000 to 5,000 yuan simultaneously;
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(2)
anyone, who connects and uses the power source of road
illumination without permission, shall be
ordered to pay the
charge of used power, and imposed a fine of 2,000 to3,000 yuan
simultaneously;
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(3)
anyone, who turns off road illumination lantern without
permission, shall be imposed a fine of 500
to 2,000 yuan, and shall
compensate for the loss if he causes any damage;
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(4)
anyone, who sets up pipeline or other facility on the road
illumination facility without permission,
shall be ordered to
restore the original state, and imposed a fine of 500 to 1,000
yuan simultaneously;
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(5)
other activity of hampering road illumination or destroying road
illumination facility stipulated
by law, regulations or rules,
shall be punished according to relevant law, regulations or rules.
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Article
15
The management unit, which manages the road illumination
facilities by itself according to Article
12 of these regulations,
shall be ordered to make correction by the municipal competent
department
of road illumination if it fails to perform its
managerial functions and duties effectively. In case that the
management unit, which refuses to make correction, causes that the
illumination facility can not work normally
for 30 consecutive
days, or causes material damage to human body or property because
of poor management,
the municipal competent department of road
illumination has the authority to make the illumination facilities
on the concerned road section managed by the professional
administrative organization of road illumination
as substitution.
The original management unit shall pay the management expenses and
may be imposed
a fine of 5,000 to 10,000 yuan simultaneously.
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Article
16
Anyone, who violates these regulations and deserves the punishment
of public order and security administration,
shall be punished by
the organ of public security according to
the Regulations of the People' s Republic of China on Punishments
in Public Order and Security Administration,
and shall be
investigated for criminal responsibility by the judicial organ if
a crime is constituted.
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Article
17
Any party, who does not agree with the decision of administrative
penalty made by the municipal competent
department of road
illumination or relevant municipal administrative department, may
apply for review
to the administrative review organ of municipal
government within 15 days upon receiving the decision. Any party,
who does not agree with the review decision, may bring litigation
before the people' s court within
15 days upon receiving the
review decision. The party concerned may bring litigation before
the people'
s court directly. In case that the party concerned
does not implement the penalty decision, and does not apply for
review or bring litigation, the department making the penalty
decision shall apply to the people' s
court for coercive
execution according to law.
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Article
18
The department, such as the municipal competent department of road
illumination, professional administrative
organization of road
illumination or relevant competent department of government, or
its working staff,
who violates these regulations, shall be
investigated for responsibility by its superior organ or his unit,
and shall undertake the compensation responsibility according to
law if it or he causes damage to other unit
or person.
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Article
19
These regulations shall go into effect as of the date of
promulgation. |
