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Number
of Promulgation: |
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No.
25 of the Standing Committee of the Shenzhen |
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Municipal
People' s Congress |
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Date
of Promulgation: |
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January 1, 1996 |
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Date
of Taking Effect: |
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March 1, 1996 |
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Public Notice of the
Standing Committee of
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the Shenzhen Municipal
People' s Congress
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(No.
25) |
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Regulations of the
Shenzhen Special Economic Zone on City Gardening was adopted
at the Fifth Meeting of the Standing Committee of the Second
Shenzhen Municipal People'
s Congress on December 26, 1995. It
is now promulgated and shall take effect as of March 1, 1996. |
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The Standing Committee of the Shenzhen |
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Municipal People' s Congress |
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Regulations of the
Shenzhen Special Economic Zone on City Gardening
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(Adopted
at the Fifth Meeting of the Standing Committee of the Second
Shenzhen Municipal People'
s Congress on December 26, 1995) |
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Chapter I General
Provisions
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Article 1 In order to
promote constructing and developing city gardens in the Shenzhen
Special Economic Zone
(hereinafter referred to as "the Special
Zone" ), strengthen city gardening administration, ameliorate
city ecology, beautify the environment, improve people' s
health and mental outlook, these regulations
are hereby
formulated. |
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Article 2 These
regulations shall apply to planning, construction, protection
and management of city gardens. |
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Article 3 The
administrative department of the Shenzhen Municipal People' s
Government (hereinafter referred
to as "the municipal
government" ) in charge of city gardening is the responsible
department of
city gardening (hereinafter referred to as "the
responsible department of city gardening" ) and shall be held
responsible for city gardening of the Special Zone. |
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The departments of planning, construction, environmental
protection, tourism and the other related departments of
the
municipal government shall administer the related city gardening
according to their functions. |
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Article 4 City
gardens, in these regulations, are referred to various parks,
zoos, botanical gardens, scenic
spots, public beaches, special
parks, street tour gardens, flower gardens, courtyard gardens
and
other places for visitors' sightseeing and relaxation,
which follow the municipal government' s planning and are
acknowledged by the responsible department of city gardening.
City gardens include the municipal
gardens, operating gardens,
and affiliated gardens. |
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The municipal gardens are referred to those public
gardens built with the investment from the municipal, district,
township people' s governments and open to the public. |
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The operating gardens are referred to those city gardens
built with social investment, open to the public, and managed
as
business units for profits. |
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The affiliated gardens are referred to those city gardens
built with the investment from economic development zones,
industrial areas, residential quarters and other proprietors,
located within their property lines,
and used in large by the
people who work, live in these areas. |
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Article 5 City
gardening shall be professionally administered according to
these regulations. |
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Article 6 The
municipal, district, township people' s governments shall
integrate city gardening into their
respective plans for
economic and social development or construction plans, ensure
the necessary
funding for construction and management of the
municipal gardens. |
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The municipal, district, township people' s governments
shall encourage and support scientific research in city
gardening, promote advanced technology, raise the levels of
management, science and technology,
arts of city gardening. |
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Chapter II Planning and
Construction
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Article 7 The
city-wide overall plan shall include a plan for the system of
urban green belts. |
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The plan for the system of urban green belts shall be
formulated by the administrative department of the municipal
government in charge of planning in conjunction with the
responsible department of city gardening,
and put into
implementation upon approval according to law. |
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The formulation of the plan for the system of green belts
shall have a reasonable layout of city gardens in compliance
with the city population, the radius of service. |
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Article 8 The responsible department of city gardening shall
formulate a development plan and a construction plan for city
gardening in accordance with the city-wide overall plan and the
plan for the system of urban green
belts, and organize their
implementation upon approval from the municipal government. |
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Article 9 The land planned for city gardening shall not be occupied,
rented, or arranged in other ways to change the land use
by any
unit or individual. |
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If it is indeed necessary to change the land use because
of the municipal construction, the administrative department
of
the municipal government in charge of planning shall ask for
consent from the responsible department
of city gardening, work
together with the responsible department of city gardening to
formulate
a make-up plan by arranging the neighboring land which
area is not less than that of the originally planned, and
report
the plan for approval from the office which originally approved
the land use for city gardening. |
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Article 10 The administrative department of the municipal government
in charge of planning shall delimit the property line of
the
land planned for city gardening. |
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Before construction or in the process of construction,
the responsible department of city gardening shall organize
greening by planting in the land for city gardening according to
the specific situations, and engage
in protective management. |
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Article 11 The construction of the municipal gardens with the
investment from the municipal government shall be organized by
the responsible department of city gardening; the construction
of the municipal gardens with the
investment from the district,
township people' s governments shall be organized by the
district,
township people' s governments, and the responsible
department of city gardening shall be in charge of coordination,
direction and supervision. |
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The construction of operating gardens and affiliated
gardens shall be organized by units in charge of construction
according to these regulations and the administrative rules of
construction, and the responsible
department of city gardening
shall be in charge of direction and supervision. |
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Article 12 The overall plan of new city gardens construction shall
be formulated in accordance with the development plan and
the
construction plan for city gardening, the proportion of various
land use shall meet the related
stipulations of the state. |
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Article 13 City gardens' planning and designing shall utilize the
existing terrains, geomorphic configuration, river system,
and
vegetation, meet the related technological standards and
specifications set by the state, provide
the necessary safety
and service facilities and the special access for the
handicapped. |
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Article 14 In order to meet the various functional needs for the
pleasure of viewing, sightseeing, popular scientific education,
protection of biological variety, preservation, reproduction and
utilization of rare and endangered
species, etc., planning and
designing for zoos and botanic gardens shall create the
environment
suitable for animals and plants to live and grow,
divide areas in a proper way according to the ecological
features of animals or plants, provide beautiful, safe
circumstances for sightseeing and conditions
for scientific
research and popularizing work. |
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Article 15 It shall not be allowed in the municipal gardens to
construct guesthouses, restaurants, dwelling houses, hostels,
office buildings, commodity markets, operating entertainment
projects, and other projects and facilities
irrelevant to the
functions of the municipal gardens. But the projects and
facilities which serve
visitors and are necessary for management
of the gardens shall be exceptions. |
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It shall not be allowed in the operating gardens to
construct the projects and facilities which have nothing to do
with their functions but damage the landscape of the gardens. |
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Article 16 The design plan for the municipal gardens and the
operating gardens shall, after examination and approval by the
responsible department of city gardening, comply with the other
formalities of reporting for construction. |
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The design plan for the affiliated gardens shall be
examined, according to the specified procedure, by the
administrative departments in charge of planning, construction. |
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Article 17 The design and construction of city gardens shall be
entrusted by the units in charge of construction to the
professional units of design, construction with the
corresponding qualifications in the specialty of
landscaping. |
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Article 18 The unit in charge of construction and the unit
undertaking construction of a city garden shall follow the
approved design plan in their working. If it is indeed necessary
to change the original design plan,
a report shall be filed for
examination and approval to the office which examined and
approved
the original design plan. |
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Article 19 In the process of a city garden construction, the
responsible department of city gardening shall supervise and
inspect how the unit in charge of construction is carrying out
these regulations. |
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Article 20 After finishing the project of greening by planting in a
city garden, the unit undertaking construction shall take
care
of the plants for 3 to 6 months. During the care time, if the
cultivated plants have failed
to survive, the unit undertaking
construction shall be held responsible for making up by
re-planting
or for compensation. |
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Article 21 When a municipal garden construction has been completed,
the responsible department of city gardening shall, under
the
unified arrangement of the administrative department in charge
of construction, organize specifically
the check and acceptance. |
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When an operating garden construction or an affiliating
garden construction has been completed, the administrative
department in charge of construction shall organize the check
and acceptance according to the rules,
but the responsible
department of city gardening shall participate in the work. |
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Chapter III Management
and Protection
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Article 22 City
gardening shall put into practice a registration system. |
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City
gardens shall be registered respectively by the responsible
department of city gardening according
to their nature,
category. |
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The
registration items and the specific procedure shall be worked
out by the responsible department
of city gardening. |
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Article 23 The
municipal gardens built with the investment from the municipal
government shall be managed by
the responsible department of
city gardening, the municipal gardens built with the investment
from
the district, township people' s governments shall be
managed by the departments designated by the district, township
people' s governments. The managing departments of the
municipal gardens may, according to the
needs, establish
managing agencies to be specifically responsible for supervision
and management
of the municipal gardens. |
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The operating gardens shall be managed by the operating
units. |
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The affiliated gardens shall be managed by the
proprietors. |
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Article 24 The
managing departments of the municipal gardens shall entrust the
care and protection of the municipal
gardens and other
professional work to enterprises of city gardening and greening
or other professional
enterprises. |
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The managing departments of the municipal gardens shall
sign contracts of entrusted management with the entrusted
enterprises. |
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The managing departments of the municipal gardens shall
engage in regular supervision and inspection of the care
and
protection and other professional work entrusted to enterprises. |
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Article 25 The
enterprise which has been entrusted with the care and protection
of the municipal gardens shall
have professional qualifications
for city gardens' care and protection. The enterprise which
has
been entrusted with the other professional work shall have
the corresponding professional qualifications. |
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The administration of professional qualifications for
city gardens' care and protection shall be conducted by the
responsible department of city gardening in accordance with the
related rules of the state, the
Special Zone.
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Article 26 The enterprise
which has the corresponding qualifications and is entrusted with
the care and protection
or the other professional work of the
municipal gardens shall not subcontract its entrusted work to an
enterprise without the corresponding qualifications. |
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Article 27 The
managing departments or managing units of city gardens shall
strengthen the care and protection
of plants and the protection
of animals within the gardens, keep buildings, entertainment and
service
facilities in good condition, maintain environmental
sanitation within gardens, ensure visitors' safety. The
specific managing measures shall be formulated by the
responsible department of city gardening. |
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The responsible department of city gardening shall engage
in regular supervision and inspection of the city gardens'
managements of environmental sanitation, safety, and plants,
animals, garden facilities. |
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Article 28 Various
parks, zoos, botanic gardens, scenic spots shall have tourist
guides of good quality, signs,
directing and safety facilities,
keep tourist routes, entrances and exits unblocked, admit no
visitors
beyond capacities. |
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Article 29 City
gardens shall be open for the whole year. |
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The daily opening time of parks, botanic gardens, scenic
spots of the municipal gardens shall be decided by the
responsible department of city gardening, but not less than 12
hours. |
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The daily opening time of the operating gardens shall not
be less than 9 hours, the daily opening time of the affiliated
gardens shall not be less than 12 hours. |
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The opening time of various parks, zoos, botanic gardens,
scenic spots shall be clearly posted in conspicuous spots
of
these gardens. |
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Article 30 If
various parks, zoos, botanic gardens, scenic spots have to close
more than 6 hours for maintenance
or other special reasons, it
shall be made public before the day of closing, but the failure
to
do so because of an emergency shall be an exception. |
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Article 31 The
parks of the municipal gardens and the affiliated gardens shall
not charge visitors admission
fees. But the municipal gardens
for tourism shall be exceptions. |
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The existing operating entertainment facilities within
the parks of the municipal gardens and the affiliated gardens
shall be allowed to charge admission fees. |
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The operating gardens shall be allowed to charge visitors
the basic admission fees and also the admission fees for
individual entertainment facilities not included in the
principal tourist facilities. |
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The tour gardens, flower gardens and courtyard gardens of
the affiliated gardens and the street tour gardens of the
municipal gardens shall not charge visitors any fees. |
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The rates for the various fees listed in this article
shall be examined and approved by the municipal department
in
charge of prices. |
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Article 32 The
city gardens or entertainment facilities which are allowed to
charge fees according to the above
article shall reduce or remit
fees for the following visitors: |
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(1)
the children whose stature is less than 1.4 meters; |
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(2)
the seniors older than 65; |
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(3)
the handicapped. |
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Item
(1) of the above section shall not apply to the entertainment
facilities |
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specially
designed for children. |
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Article 33 The
commercial service within the municipal gardens and the
operating gardens shall be provided
according to the designated
network. The layout of the commercial network shall be made
strictly
in compliance with the plan, causing neither damage to
the landscape of the gardens nor impediment to the order
of
sightseeing. |
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The managing departments of the municipal gardens shall
not engage in commercial activities within their managed
gardens. |
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Article 34 Various parks,
zoos, botanic gardens and scenic spots shall make the rules for
visitors. The rules
for visitors shall be reported to the
responsible department of city gardening for examination and
approval. |
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Article 35 Visitors
shall make a civil visit to gardens, follow the social ethics
and the rules for visitors. |
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The following acts shall be forbidden in city gardens: |
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(1)
damaging garden facilities, flowers and plants, trees; |
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(2)
catching and hunting birds and other wild animals under
protection; |
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(3)
gambling, fighting, begging, and engaging in feudal
superstition and pornographic activities; |
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(4)
the other acts prohibited by law, regulations and rules. |
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Article 36
To sponsor a major event in the municipal gardens and operating |
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gardens
such as holding a rally on science or culture, running a group
entertainment project, the
sponsor-unit shall apply to the
responsible department of city gardening and submit also an
organizing
plan, put the plan in action only after it has been
approved or it has been resubmitted to the related responsible
departments and their approval is certain. |
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Article
37 The main pipelines, wires, high-tension electricity
corridors of the municipal public facilities of the city shall
avoid crossing the municipal gardens and the operating gardens.
If it is indeed necessary to cross,
the consent from the
responsible department of city gardening shall be obtained and
the administrative
department of the municipal government in
charge of planning shall approve it as well. After approval, the
unit in charge of construction shall consult with the managing
departments of the municipal gardens
and the operating units of
the operating gardens and work out the measures for safety and
protection
as well as a plan for making up the loss. |
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Article 38 It
shall be forbidden to discharge into the water body of gardens
the waste water failing to meet
the standard of the water body
of gardens. |
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It shall be forbidden to dump garbage, odds and ends in
city gardens. |
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Article 39 The
administrative department of the municipal government in charge
of planning shall control the
construction projects around city
gardens, keep the construction projects around city gardens in
harmony with city gardens in terms of landscape and functions. |
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Chapter IV Legal
Liability
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Article 40 If
the related departments of the municipal government have
violated the second section of Article
9, the second section of
Article 10, Article 12, Article 15, Article 17, Article 39 of
these regulations,
the administrative responsibilities of the
chief responsible person and directly responsible persons shall
be ascertained according to law. |
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Article 41
If the managing departments of the municipal gardens have
violated the first section of Article
16, Article 17, Article
18, Article 24, Article 28, Article 29, Article 30, Article 31,
Article
32, Article 33 of these regulations, the administrative
responsibilities of the chief responsible person and directly
responsible persons shall be ascertained according to law; if
the damage has been done to other
parties, the managing
departments of the municipal gardens shall be held liable for
compensation;
if there is a criminal offence, the criminal
responsibility shall be ascertained according to law. |
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Article 42 In
case of violation of the first section of Article 9 of these
regulations, the responsible department
of city gardening shall
order restoring the original state, confiscate illegal earnings,
and also
impose a fine of 500 RMB per square meter of the area
occupied or rented. |
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Article 43 If
the unit in charge of construction or the unit undertaking
construction in the operating gardens
or the affiliated gardens
has violated Article 16, Article 17, Article 18 of these
regulations,
the responsible department of city gardening shall
order a correction; if the correction has been refused, the
administrative department in charge of construction shall order
stopping construction and also inflict
a punishment according to
the related administrative regulations on construction. |
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Article 44 If
the enterprise entrusted with the care and protection or the
other professional work of the municipal
gardens has failed to
execute the contract of entrusted management or has not met the
conditions
agreed on in fulfilling the contract obligations, it
shall be held responsible for breaking the contract; if the
damage has been done, the enterprise shall be held liable for
compensation. |
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Article 45 If
the enterprise entrusted with the care and protection or the
other professional work of the municipal
gardens has violated
Article 26 of these regulations, the managing department of the
gardens shall
terminate the contact of entrusted management; if
the damage has been done, the enterprise shall be held liable
for compensation; the responsible department of city gardening
may order it to stop undertaking
the professional work of the
municipal gardens for one year. |
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Article 46 If
the managing unit of the operating garden or the affiliated
garden has violated the first section
of Article 27 of these
regulations, the responsible department of city gardening shall
order a
correction by a deadline; if the correction has not been
done after the deadline, the responsible department of
city
gardening may entrust the professional work of the garden to the
enterprise with the qualifications
stipulated by these
regulations, the managing unit of the garden shall be held
liable for the resultant
cost. |
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Article 47
If the managing unit of the operating garden or the affiliate
garden has violated Article 28, Article
29, Article 30, Article
31, Article 32, the first section of Article 33 of these
regulations, the
responsible department of city gardening shall
order a correction and may also impose a fine of more than 5,000
but less than 10,000 RMB; if the damage has been done to other
parties, the managing unit shall
be held liable for
compensation; if there are illegal earnings, they shall be
confiscated according
to law. |
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Article 48
In case of violation of the first section of Article 35 of these
regulations, the managing unit
of the city gardens shall stop it
by persuasion, order a correction; if the damage has been done,
the party concerned shall be held liable for compensation. |
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In
case of violation of the second section of Article 35 of these
regulations, the responsible department
of city gardening shall
order a correction; if the damage has been done, the party
concerned shall
be held liable for compensation, and a fine of
as much as the compensation or twice as much as that amount
shall be also imposed; in case of violation of Administrative
Regulations of the People' s Republic
of China on Public Order,
the department of public security shall inflict a punishment; if
there
is a criminal offence, the criminal responsibility shall
be ascertained according to law. |
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Article 49
In case of violation of Article 35 of these regulations, the
responsible department of city gardening
shall order a
correction and also impose a fine of more than 2,000 but less
than 5,000 RMB; if
the damage has been done, the party concerned
shall be held liable for compensation; if the environmental
pollution has been done, the department of environmental
protection shall handle the case according to
law. |
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Article 50 If
the staff members of the responsible department of city
gardening neglect duties, abuse power,
practice favoritism and
engage in irregularities, the administrative responsibilities
shall be
ascertained according to law; if the damage has been
done to other parties, the responsible department of city
gardening shall held liable for compensation; if there is a
criminal offence, the criminal responsibility
shall be
ascertained according to law. |
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Chapter V Supplementary
Provisions
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Article 51 The
municipal gardens which have been constructed before these
regulations take effect shall gradually
move to professional
management by March 1, 1998 in accordance with these
regulations. |
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Article 52 The municipal government may formulate detailed
implementing rules in accordance with these regulations. |
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Article 53 These
regulations shall take effect as of March 1, 1996. |
