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Interim Provisions of Shanghai Municipality on the Comprehensive Administration of Lujiazui Finance and Trade Center Zone

Interim Provisions of Shanghai Municipality on the Comprehensive Administration of Lujiazui Finance and Trade Center Zone
 
(Promulgated by Decree No. 58 of the Shanghai Municipal People' s Government on July 1, 1998)
    
     Article 1 (Purpose and Basis)
     With a view to strengthening the comprehensive administration of public security, traffic, road facilities, afforestation, environmental protection, environmental sanitation, construction planning, city appearance, illumination, and orderly performance of construction work in Lujiazui Finance and Trade Center Zone in the Municipality, these Provisions are formulated in accordance with the relevant laws and regulations.
     Article 2 (Extent of the Center Zone)
     Lujiazui Finance and Trade Center Zone (hereinafter referred to as the Center Zone) mentioned in the present Provisions refers to the public area starting from Tai Dong Road, Ji Mo Road and Pudong Road (S) in the east to the bank of Huangpu River in the west; from Dong Chang Road in the south to the bank of Huangpu River in the north.
     Details of delimiting and readjusting the extent of the Center Zone shall be determined by the Administrative Committee of Pudong New Area.
     Article 3 (Subjects of Application)
     All units and individual persons entering the Center Zone (including the units inside the Center Zone and their staff; the same hereinafter) shall abide by these Provisions.
     Article 4 (Administrative Organ and Law Enforcement Organization)
     The Urban Administrative Committee Office of the Center Zone(hereinafter referred to as the Center Zone Administration Office) is in charge of the administration of daily routine and the relevant organizing and coordinating work of the Center Zone.
     A supervisory team set up under the Center Zone Administration Office (hereinafter referred to as the Center Zone Supervisory Team) shall be in charge of the daily patrol and inspection of the Center Zone, and shall be empowered by the relevant administrative departments of Pudong New Area to impose punishment upon relevant wrongful acts within the Center Zone. It shall have the power to prevent any wrongful acts that are beyond the empowered limit of punishment, and shall promptly transfer the wrongdoing (or the wrongdoer) to the relevant administrative department to deal with according to law.
     The public security organ set up in the Center Zone shall be specifically in charge of the administration of public security and traffic in the Center Zone.
     All the relevant administrative departments of Pudong New Area shall, in accordance with their respective duties, perform the relevant administration work of the Center Zone, and exercise professional guidance and supervision over the Center Zone Supervisory Team in punishment-related matters empowered by them.
     Article 5 (Administration of Public Order)
     All units and individual persons entering the Center Zone shall conscientiously maintain the social order and public security.
     For any act disturbing public order, or hampering public security or order of social administration, the public security organ shall impose punishment according to the relevant provisions of the Regulations of the People' s Republic of China on Public Security Administration and Imposition of Punishment and the Regulations of the Shanghai Municipality on the People' s Police Patrol and Inspection.
     Article 6 (Administration of Road Traffic)
     All vehicles and pedestrians entering the Center Zone shall abide conscientiously by the road traffic regulations, maintain the traffic order, and keep roads clear of obstructions.
     For any act violating the regulations on road traffic administration, the public security organ shall impose punishment according to the Regulations of the People' s Republic of China on Road Traffic Control and other relevant rules and regulations.
     Article 7 (Administration of Road Facilities)
     Any units and individual persons entering the Center Zone shall conscientiously maintain in good condition the roads (including pedestrian passageways and underpasses; the same hereinafter) and other auxiliary facilities.
     For any of the following wrongful acts, the administrative department of municipal engineering of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Regulations of Shanghai Municipality on Urban Road and Bridge Administration and other relevant rules and regulations:
     (1) Occupying or digging up a road without authorization;
     (2) Stacking up things on a road;
     (3) Stealing, removing, destroying the inspection well lid, road sign, road division device and other road auxiliary facilities;
     (4) Other acts of damaging or misappropriating road facilities.
     Article 8 (Afforestation Administration)
     All units and individual persons entering the Center Zone shall take good care of the afforestation and conscientiously protect all afforestation installations.
     For any of the following wrongful acts, the administrative department of public parks of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Regulations of Shanghai Municipality on the Administration of Tree Planting, and Afforesting and Greening, and other relevant rules and regulations:
     (1) Unscrupulously occupying the green lungs, dismantling, damaging or destroying the afforestation installations;
     (2) Stacking up odds and ends by the trees and on the green lungs, digging up a hole for drawing earth from it, or dumping garbage, toxic and noxious waste residue or waste water;
     (3) Unscrupulously plucking flowers, damaging trees by snapping or carving, or setting up sheds by using trees as pillars;
     (4) Treading on lawns or on flower beds;
     (5) Other conducts destroying the greening or its facilities.
     Article 9 (Administration of Environmental Protection)
     All units and individual persons entering the Center Zone shall prevent environmental pollution and conscientiously protect the ecological environment.
     For any of the following wrongful acts, the administrative department of environmental protection of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Regulations of Shanghai Municipality on Environmental Protection and other relevant laws, rules and regulations:
     (1) Burning substances that give off toxic and noxious fume or dust and foul odor;
     (2) Producing a large amount of dust and airborne dust in the process of constructing, transporting, loading and unloading;
     (3) Causing noise that disturbs the surroundings;
     (4) Violating the relevant provisions by installing air conditioners and cooling
     facilities that affect the environment;
     (5) Other acts that cause environmental pollution.
     Article 10 (Administration of Environmental Sanitation)
     All units and individual persons entering the Center Zone shall conscientiously maintain environmental sanitation so as to keep it clean and tidy.
     For any of the following wrongful acts, the administrative department of environmental sanitation of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Regulations of Shanghai Municipality on the Administration of Environmental Sanitation and other relevant rules and regulations:
     (1) Spitting, urinating, defecating, littering or dumping trash at random;
     (2) Unscrupulously dumping building refuse, construction residue and dust;
     (3) Cargo falling off, dusting in the air, or leaking out from loaded vehicles;
     (4) Failing to keep clean the appearance of motor-driven vehicles;
     (5) Dismantling, removing, occupying or destroying facilities for environmental sanitation without authorization;
     (6) Other acts destroying the environmental sanitation.
     Article 11 (Administration of Construction Planning)
     All units and individual persons entering the Center Zone should submit to the planning administration, and ensure that their relevant constructions conform with the planning of the Center Zone.
     For any of the following wrongful acts, the planning administrative department of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Regulations of Shanghai Municipality on Urban Planning and other relevant rules and regulations:
     (1) Constructing buildings and structures without authorization;
     (2) Installing outdoor advertising facilities without authorization.
     Article 12 ( Administration of City Appearance)
     All units and individual persons entering the Center Zone shall conscientiously preserve its good appearance and harmonious environment.
     For any of the following wrongful acts, the administrative department in charge of city appearance of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Regulations on the Administration of City Appearance and Environmental Sanitation and other relevant rules and regulations:
     (1) Posting bills, scribbling, carving or drawing on buildings, structures, sculptures or other public installations;
     (2) Suspending, hanging, airing, or sunning things;
     (3) Failing to keep clean and in good condition the exterior walls of buildings and houses, outdoor advertising facilities, neon lights, lamp houses, billboards, indicator placards, sunshade awnings and the like;
     (4) Other acts that impair the viewing of city appearance.
     Article 13 (Illumination Administration)
     The sight-seeing illumination facilities and the construction project in the Center Zone shall be designed, constructed and put into operation at the same time. The administrative department of construction shall solicit from the Center Zone Administration Office opinions about the designing plan of the sight-seeing illumination facilities when it begins to examine and approve the designing plan of the construction project.
     The sight-seeing illumination facilities and the by-the-window illumination lights in the buildings and houses in the Center Zone shall be turned on within the fixed time at night. The units and the owner or user of the buildings and houses with sight-seeing illumination facilities shall ensure that these illumination facilities shall be kept in good condition and be put into regular operation.
     For a violation of Section 2 of this Article, the administrative department of city appearance of Pudong New Area shall empower the Center Zone Supervisory Team to order the violator to make rectification within a certain time, and the Center Zone Supervisory Team may also impose a fine of not more than 1,000 yuan.
     Article 14 (Administration of Orderly Performance of Construction Work)
     The construction unit and the working unit of construction projects in the Center Zone shall perform the construction work orderly. Standardized enclosing walls and railings, conspicuous indicator placards for construction and signs for safety warning shall be placed around the construction site, and effective measures shall be taken to prevent the construction work from affecting traffic, city appearance and environment.
     For a violation of the above provision, the administrative department of construction of Pudong New Area or other relevant departments shall empower the Center Zone Supervisory Team to impose punishment according to the Interim Provisions of Shanghai Municipality on the Administration of Orderly Performance of Construction Projects and other relevant rules and regulations.
     Article 15 ( Special Provision for Prohibited Activities)
     The following activities shall be prohibited within the Center Zone:
     (1) Setting up stalls for business, peddling goods or performing profit-making variety shows;
     (2) Lying down or sleeping anywhere in the open;
     (3) Begging or trashpicking.
     For a violation of Item (1) of the above provision, the administrative department of industry and commerce of Pudong New Area shall empower the Center Zone Supervisory Team to impose punishment according to the Interim Provisions of Shanghai Municipality on the Ban against Licenseless Business and Illegal Trade Fair and other relevant rules and regulations; for a violation of Items (2) or (3), the Center Zone Supervisory Team shall dissuade or prohibit the violator from so doing, or order the violator to make rectification.
     Article 16 (Special Provision for Public Activities)
     The following public activities to be held in the Center Zone shall be performed under the permission from the Center Zone Administration Office:
     (1) Organizing exhibitions, consulting services, recreational or sports activities;
     (2) Hanging or posting publicity materials such as slogans and banners;
     (3) Installing facilities for public services;
     (4) Other activities that affect the administration order of the Center Zone.
     For a violation of the above provision, the Center Zone Supervisory Team shall dissuade and prohibit the violator from so doing, or order the violator to make rectification; if the case is serious, the Team shall promptly transfer the case to the relevant administrative department to deal with according to law.
     Article 17 ( Proceedings for Punishment)
     If the Center Zone Supervisory Team imposes a disciplinary sanction in the name of an empowering administration department, it shall issue to the party concerned a written decision of administrative punishment; for the collection of a fine or confiscation of money, a uniform receipt officially printed by the municipal finance department shall be made out.
     The fine or the confiscated money collected shall all be turned in to the State Treasury according to the provisions.
     Article 18 (Reconsideration and Litigation)
     If the party concerned finds unacceptable any specific administrative action of the Center Zone Supervisory Team, it may apply for administrative reconsideration or file an administrative suit according to the provisions of the Regulations on Administrative Reconsideration and the Administrative Litigation Law of the People' s Republic of China.
     Article 19 (Organ for Interpreting the Application of the Present Provisions)
     The Administrative Committee of Pudong New Area may interpret the present Provisions in its specific application.
     Article 20 (Date of Implementation)
     These Provisions shall become effective on August 1, 1998.
    


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