Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation

 2018-05-26  18


Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation

  • Document NumberAnnouncement No. 10 of the Standing Committee of the People's Congress of Shanghai Municipality
  • Area of Law Environmental Protection
  • Level of Authority Provincial Local Regulations
  • Date issued02-24-2009
  • Effective Date04-01-2002
  • Status Effective
  • Issuing Authority Shanghai Municipality People's Congress (incl. Standing Committee)



Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation
(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)
Chapter I General Provisions
Article 1 With a view to strengthening the administration of city appearance and environmental sanitation, keeping the city clean, tidy and fine, safeguarding the citizens' physical health, and promoting the socialist ethical and cultural progress, these Regulations are formulated according to relevant laws and administrative regulations and with full consideration to the actual circumstances of this Municipality.
Article 2 These Regulations apply to urbanized areas of this Municipality, including the city proper, new cities, central towns and independent industrial areas, and economic development zones.
Article 3 The city appearance and environmental sanitation work of this Municipality follows the principles of combining centralized leadership, multilevel administration, public participation and social supervision.
Article 4 The municipal city appearance and environmental sanitation administrative department is the competent authority of Shanghai's city appearance and environmental sanitation work, responsible for organizing the implementation of these Regulations.
The district/county administrative departments of city appearance and environmental sanitation are, under the leadership of corresponding people's government, responsible for the administration of the city appearance and environmental sanitation within their respective jurisdictions.
Sub-district offices and town people's governments are responsible for the administration of the city appearance and environmental sanitation within their respective jurisdictions
making coordination, supervision and examination on the work of city appearance and environmental sanitation in their respective areas, and urging units and individuals to perform their obligations to maintain city appearance and environmental sanitation.
The municipal and district/county city administrative enforcement department (hereinafter referred to as the CAED) shall, according to law, impose administrative punishment on violations of provisions on city appearance and environmental sanitation set out in these Regulations.
The other relevant administrative departments of this Municipality shall, according to their respective functions and duties, coordinate in implementing these Regulations.
This Municipality advocates and encourages the neighborhood committee to organize for residents to make a joint pledge of maintenance of city appearance and environmental sanitation, and mobilize residents to participate in activities of treating city appearance and environmental sanitation so as to create an orderly, beautiful and civilized ambience.
Article 5 The municipal, and district/county people's governments shall incorporate the city appearance and environmental sanitation undertakings in the national economy and social development plan, perfect the city appearance and environmental sanitation facilities, provide public services of city appearance and environmental sanitation, and provide the funds needed for construction of city appearance and environmental sanitation undertakings.
Article 6 The municipal administrative department of city appearance and environmental sanitation shall, according to the needs of Shanghai's city appearance and environmental sanitation undertakings development, organize the preparation of the specialized planning of the city appearance and environmental sanitation, which shall be brought to the city's overall planning after the municipal planning administration makes a comprehensive balance.
Article 7 The Municipality encourages and supports the scientific and technical research of city appearance and environmental sanitation and the popularization and application of advanced technologies to raise the level of city appearance and environmental sanitation.
Article 8 All units and individual persons have the right to enjoy good city appearance and environmental sanitation and the duty to maintain the city appearance and environmental sanitation.
Article 9 The municipal, and district/county administrative departments of city appearance and environmental sanitation and administrative departments of culture, radio, television and film, press and publication, education and health, and operation and management units of public places such as airports, stations, wharves and tourist spots, shall strengthen the publicity education of city appearance and environmental sanitation to enhance the citizens' awareness of maintaining good city appearance and environmental sanitation.
The Municipality's radio, television, press and outdoor advertisements shall have public-interest publicity contents of city appearance and environmental sanitation.
Chapter II System of Responsibility Zones of City Appearance and Environmental Sanitation
Article 10 This Municipality adopts the system of responsibility zones of city appearance and environmental sanitation. Units and individual persons concerned shall, according to the provisions of these Regulations, do a good job of maintaining city appearance and environmental sanitation within their respective responsibility zones.
Article 11 The scope of a city appearance and environmental sanitation responsibility zone refers to buildings, structures or other facilities, places and the area within a certain range that are owned, used or managed by relevant units and individual persons.
The specific scope of city appearance and environmental sanitation shall be divided and determined by the municipal or district/county administrative departments of city appearance and environmental sanitation according to the standard published by the municipal administrative department of city appearance and environmental sanitation.
Article 12 Persons-in-charge of the city appearance and environmental sanitation responsibility zones shall be determined according to the following provisions:
(1) residential areas under property management shall be in the charge of the property management enterprise; the residential areas that are not under property management shall be in the charge of neighborhood committee;
(2) waters and sluices along rivers shall be in the charge of the using or administering units of the bank lines and sluices;
(3) subways, light railways, tunnels, elevated highways, highways and railways shall be in the charge of the operating and managing units;
(4) public places such as cultural, sports, entertainment and sightseeing sites, parks, public greenery lands, airports, stations and wharves shall be in the charge of the operating and managing units;
(5) fairs, trade markets, exhibition sales sites, bazaars, restaurants shall be in the charge of the operating and managing units;
(6) peripheral areas of organs, mass organizations, schools, troops, enterprises, and institutions shall be in the charge of units concerned;
(7) construction sites shall be in the charge of the construction units, and land plots to be constructed in the charge of proprietors; and
(8) the public sections in bonded zones, science areas, independent industrial zones and economic development zones shall be in the charge of the administering units.
The persons in charge of areas with unclear responsibility according to the preceding clause shall be determined by the city appearance and environmental sanitation administrative department of the local district /county.
In the mix of urban and rural areas or on the border areas of administrative jurisdictions where the responsibility is unclear and where there are disputes about the determination of persons-in-charge, the municipal administrative department of city appearance and environmental sanitation will make the determination.
Article 13 The responsibility requirements of city appearance and environmental sanitation responsibility zones are:
(1) keep the city appearance clean and tidy, without any unauthorized stalls, additions, posters, graffiti or scribbles and hangings and heaps;
(2) keep environment sanitation clean and tidy, without exposed garbage, excrement and sewage, without smudge, dregs and breeding grounds of mosquitoes and flies; and
(3) set up environmental sanitation facilities as required and keep such facilities clean, tidy, complete and in good condition.
The persons-in-charge of city appearance and environmental sanitation have the right to stop any violation of the city appearance and environmental sanitation management rules in responsibility zones, and have the right to request the municipal or district/county administrative department of city appearance and environmental sanitation and the CAED to mete out treatment.
The persons with responsibility for city appearance and environmental sanitation failing to perform their duties will be ordered to correct by the CAED; those who refuse to correct will be given warnings and may be fined between not less than 50 yuan and not more than 500 yuan, or the chief persons directly responsible will be dealt with by their superior authorities at the request of the CAED.
Article 14 The municipal or district/county administrative department of city appearance and environmental sanitation will notify in writing the persons with responsibility for the specific scope and the duties arising under the city appearance and environmental sanitation responsibility zones.
Article 15 The city appearance and environmental sanitation in urban public areas such as urban roads, bridges, underground passages, public squares and public waters shall be in the charge of the municipal or district/county administrative department of city appearance and environmental sanitation; the city appearance and environmental sanitation in streets, lanes and neighborhoods shall be in the charge of sub-district offices or town people's governments; the city appearance and environmental sanitation of public toilets, garbage transfer stations and other environmental sanitation facilities shall be in the charge of the city appearance and environmental sanitation administrative departments or the units entrusted by such administrative departments.
Article 16 The city appearance and environmental sanitation administrative departments shall strengthen the supervision of the city appearance and environmental sanitation in the responsibility zones and regularly organize the inspection.
Chapter III Administration of City Appearance
Article 17 The municipal administrative department of city appearance and environmental sanitation shall, along with relevant departments, according to the State's urban appearance standards, and in line with the Municipality's actual circumstances, draw up the Municipality's urban appearance standard, submit it to the municipal people's government and, after approval, publish it for implementation.
The Municipality's urban appearance standard shall include requirements for building landscape, public facilities, environmental sanitation, public parks and greening, advertisements and signs, and public places.
Article 18 Buildings, structures and other facilities shall be kept clean, tidy, complete, beautiful and in harmony with the surroundings.
The buildings, structures and other facilities along both sides of the Municipality's main roads and in landscaping areas shall have their fa?ades kept tidy and in good condition, and regularly cleaned or whitewashed according to the provisions of the Municipal People's Government; any fa?ade damaged shall be restored. Any violation of the provision shall be ordered to make corrections by the CAED. In case of refusal, the cleaning, whitewashing or restoration shall be done by others at the expenses of the owners or provided liable party of the buildings, structures and other facilities.
Article 19 The municipal administrative department of city appearance and environmental sanitation shall, jointly with relevant departments, draw up this Municipality's landscape lighting plan, submit it to the Municipal People's Government, and have it implemented upon approval. The buildings, structures and other facilities in the landscape lighting planning area shall set up landscape lighting according to planning and relevant technical norms of landscape lighting. The landscape lighting planning and technical norms shall be published to the society.
Any installation of landscape lighting that does not conform with planning or relevant technical norms shall be ordered to make corrections within the prescribed time limit by the CAED; in case of refusal to make correction within the prescribed time limit, the lighting that does not conform with planning may be demolished by enforcement; the lighting that does not conform with relevant technical norms may have its use stopped by enforcement, and a fine of between not less than 1,000 yuan but not more than 10,000 yuan shall be cumulatively imposed.
The owners, users and managers of landscaping lights facilities shall keep such facilities in good condition and switch on the landscaping lights facilities according to the time provided by the city appearance and environmental sanitation administrative department. Any violator of the provision shall be ordered to correct by the CAED. Refusal to correct shall be subject to a fine of between not less than 300 yuan but not more than 3,000 yuan.
Article 20 Outdoor advertising facilities shall be set up according to outdoor advertising facilities installation planning and relevant technical norms. The municipal administrative department of city appearance and environmental sanitation shall, jointly with relevant departments, draw up this Municipality's outdoor advertising facilities installation planning, submit it to the Municipal People's Government, and have it implemented upon approval. The outdoor advertising facilities installation planning and technical norms shall be published to the society.
Outdoor advertisements and non-advertising neons, slogans, signboards, placards, electronic displays, light-boxes, galleries, plastic objects, and other outdoor facilities (hereinafter jointly referred to as outdoor facilities) shall be set up according to the approved requirements. Any installation of outdoor facilities in violation of the provisions shall be ordered to be rebuilt or dismantled within the prescribed time limit by the CAED, or other relevant administrative departments. Such facilities, if not rebuilt or dismantled within the prescribed time limit, shall be dismantled by enforcement, and the person who set up the outdoor advertising facilities shall be imposed a fine of between not less than 5,000 yuan but not more than 50,000 yuan, and the person who set up other outdoor facilities shall be imposed a fine of between not less than 500 yuan but not more than 5,000 yuan.
Any one that sets up outdoor facilities shall conduct daily maintenance of such facilities and timely renovation of the incomplete, dirty, corroded or obsolete patterns, wording and light display, if any. Any violator of the provisions shall be ordered to make corrections within the prescribed time limit by the CAED. The violator that refuses to make corrections shall be imposed a fine of between not less than 50 yuan but not more than 500 yuan.
Any one that sets up outdoor facilities shall strengthen daily management, timely repair or dismantle any facilities with hidden perils or without any value of use, and during the period of spring tide, typhoon or rainstorm, shall strengthen the safety check on outdoor facilities. The CAED shall order the installer to renovate or dismantle within the prescribed time limit the outdoor facilities with hidden perils or without any value of use. Such facilities not dismantled within the prescribed time limit shall be dismantled by enforcement by the CAED.
The relevant department that makes adjustment on the approved installation of outdoor advertisements due to public interests shall inform the installer of outdoor advertising facilities in advance, and shall compensate the installer for the loss resulted from the adjustment of outdoor advertisements facilities.
Article 21 Newly-completed buildings along both sides of the Municipality's roads shall have enclosures, railings, green fences, flower beds or lawns that offer whole or partial views as required by the planning on the street-side as the boundary. Violators of the provision will be ordered by the city appearance and environmental sanitation administrative department to reconstruct or remove within a time limit.
The existing street-side enclosures of buildings along both sides of the Municipality's roads that do not meet the requirements of the preceding clause shall be rebuilt according to the planning or relevant provisions.
The inside and outside environment of enclosures that offer a whole view shall be kept clean, tidy and beautiful.
Article 22 The buildings along both sides of the Municipality's main roads, if having their enclosing compound walls removed to make way for shops or having their storefronts decorated or renovated, shall conform to the urban appearance standard.
Article 23 No unit or individual person is allowed to put up temporary buildings, structures or other facilities that affect city appearance and environmental sanitation along both sides of roads or in other public places.
Those who put up temporary buildings, structures or other facilities due to special needs of construction and with approval shall keep the surrounding city appearance and environmental sanitation clean and tidy. Violators of the provision shall be ordered to correct within a time limit by the CAED and may be fined between not less than 50 yuan and not more than 500 yuan.
Article 24 No unit or individual person shall post or hang publicity materials or slogans on trees, buildings, structures or other facilities. Any one who needs to temporarily post or hang publicity materials or slogans on trees, buildings, structures or other facilities due to special cases shall obtain approval from the municipal administrative department of city appearance and environmental sanitation, and shall do such things within the prescribed time limit and the scope, and remove them at the expiration in a timely manner. Every sub-district office and town/township people's government shall choose appropriate places to set up public billboard, and take charge of the daily management. Sporadic posters shall be posted up in the fixed public billboard.
No carving or scribbling shall be done on trees, buildings, structures or other facilities.
Any violator of the provisions shall remove such things within the prescribed time limit by order of the CAED. In case of refusal, such things shall be removed by others at the expenses of the violator, and a fine of between not less than 50 yuan but not more than 500 yuan shall be cumulatively imposed. Among others, any one who uses or organizes posting, carving, scribbling, hanging or other forms to release publicity materials or slogans may be imposed a fine of between not less than 10,000 yuan but not more than 100,000 yuan.
Any violator of the provisions, arbitrarily posting, carving, scribbling, hanging or using other means to release publicity materials or slogans, with the number of communication revealed, shall accept handling within the prescribed time limit upon notification of the CAED; for failure to accept the handling within the prescribed time limit, a written notice of suspending the use of the communication number shall be sent to the communication department, and the relevant communication department shall, after receiving the notice, suspend the use thereof. The CAED shall notify the communication department to have the use thereof resumed after the violator has accepted the handling.
District/county administrative department of city appearance and environmental sanitation shall organize the cleanup of random posting, carving and scribbling within their own jurisdictions.
Article 25 The municipal and district/county people's government shall rationally lay out commercial auxiliary facilities, and determine corresponding business places for operators of farm products and daily groceries to run business. District/county people's governments shall formulate measures encouraging and guiding peddlers to enter business places.
No unit or individual person shall occupy any road, bridge, pedestrian overpass, underpass or other public places for the purpose of pitching stalls, doing business, and hawking goods, thus affecting the city appearance and environmental sanitation. Any violator of the provisions shall be ordered to make corrections by the CAED, and may be cumulatively imposed a fine of between not less than 50 yuan but not more than 500 yuan. The CAED may temporarily seize the goods that a party hawks and the tools in relation to illegal acts, and request the party to accept handling at the designated spot. After the party has accepted the handling, the CAED shall in a timely manner return the temporarily seized goods and related tools, and transfer the illegal goods to relevant department for handling. The CAED shall appropriately keep the temporarily seized goods. In respect of those goods easy to rot and go bad, the CAED may make proper treatment according to actual situation after retaining evidence.
“No unit or individual person shall occupy any road, bridge, pedestrian overpass, underpass, or other public place to pile goods, affecting city appearance and environmental sanitation. Any violator of the provisions shall be ordered to make corrections by the CAED, and may be imposed a fine of between not less than 50 yuan but not more than 500 yuan.
Those who are approved to temporarily occupy roads and other public places to pile goods or pitch stalls to do business shall keep the surrounding city appearance and environmental sanitation clean and tidy. Violators of the provision shall be ordered to correct by the CAED and may be fined between not less than 50 yuan but not more than 500 yuan.
The persons doing business in the buildings or structures along both sides of this Municipality's roads or around squares shall not carry out business activities out of doors, windows and exposed walls. Violators of the provision shall be ordered to make corrections by the CAED and may be fined between not less than 50 yuan but not more than 500 yuan.
Article 26 It is forbidden to hang or sun articles on trees, guard rails, street nameplates, electric poles and other facilities. Violators of the provision shall be ordered to correct by the THE CAED. In case of refusal, an individual person may be fined 20 yuan and a unit may be fined between not less than 20 yuan and not more than 200 yuan.
Balconies, doors, windows and roofs of street-side buildings along both sides of main roads and in landscaping areas shall be kept clean, tidy and beautiful, and no articles that affect the city appearance shall be hung, sunned or piled out of balconies and windows and on roofs.
Outer sets of air-conditioners and canopies installed on outer walls of street-side buildings shall be kept safe, clean and in a good state.
Article 27 Motor vehicles and vessels traveling in this Municipality shall have clean and tidy appearance. The advertisements or publicity materials posted or set up on vehicles and vessels shall be kept clean, tidy and in good condition. The obsolete, dirty and damaged advertisements shall be cleaned, restored and replaced in time. Violators of the provision shall be ordered to correct by the CAED, and may be fined between not less than 20 yuan and not more than 200 yuan.
Every vehicle and vessel carrying cement, sand, mud, garbage, excrement and dregs shall take sealing or covering measures, with no leakage, spillage or flying-up allowed. For failure to take sealing or covering measures in violation of the provisions, corrections shall be ordered to make within the prescribed time limit by the CAED, and the liable unit may be imposed a fine of between not less than 1,000 yuan but not more than 10,000 yuan. For any leakage, spillage or flying-up incurred, running shall be stopped by order of the public security traffic administrative department, and immediate cleanup shall be done by order of the CAED. In case of refusal, cleanup shall be done by others at the expenses of the violator, and a fine of between not less than 300 yuan but not more than 3,000 yuan be cumulatively imposed.
Chapter IV Administration of Environmental Sanitation
Article 28 The following acts that affect environmental sanitation are prohibited:
(1) spitting, urinating or defecating anywhere;
(2) throwing anywhere peels, scraps of paper, cigarette ends, pop cans, gums and litter;
(3) littering depleted batteries and other special discards that are to be collected separately;
(4) dumping garbage, sewage and excrement and throwing animals' bodies and other wastes anywhere;
(5) burning leaves, garbage or other litter in open places and rubbish-collecting containers;
(6) occupying roads or squares to conduct car-washing business activities; and
(7) other acts detrimental to environmental sanitation.
Violators of the provisions of the preceding clause shall be ordered to correct by the the CAED, and violators of the provision of the preceding clause, item (1) shall be subject to fines of not more than 200 yuan; violators of the provisions of the preceding clause, items (2) and (3) shall be subject to fines of not more than 100 yuan; for violation of the provisions of Items (4) of the preceding clause, an individual person shall be imposed a fine of not more than 200 yuan, and a unit shall be imposed a fine of between not less than 5,000 yuan but not more than 50,000 yuan; and for violation of the provisions of Items (5) of the preceding clause, an individual person shall be imposed a fine of not more than 200 yuan, and a unit shall be imposed a fine of between not less than 300 yuan but not more than 3,000 yuan; and for random dumping of garbage during its loading and transporting, the means of transportation may be temporarily seized, and the violators are requested to be handled at the designated spot, and then have their means of transportation returned; and violators of the provision of the preceding clause, item (6) shall be fined between not less than 300 yuan and not more than 3000 yuan.
Article 29 All kinds of wharves and vessels shall be equipped with garbage and excrement collecting containers in line with the amount of collection or production and up to the set standard. Such containers shall be kept in normal use.
Those who conduct loading and unloading on wharves and vessels or navigate on water shall take measures to prevent goods or garbage and excrement from polluting waters.
Those who retrieve floaters on water and collect garbage and excrement from vessels shall clear away wastes in time to prevent any pollution to waters.
The management of vessel's ballast water, hold-washing water, hold-bottom water and daily sewage shall follow the provisions of relevant laws, administrative regulations and the Municipality's provisions.
Violators of the provisions of clauses 1, 2 and 3 under this article will be ordered to correct by the municipal appearance and environmental sanitation administrative department and be fined between not less than 300 yuan and not more than 3,000 yuan.
Article 30 Residents shall conscientiously keep their residential quarters clean and tidy, dumping domestic garbage in garbage cans (drums) and excrement in excrement-collecting stations, and shall not pile up garbage, odds and ends on roofs and public places. Refuse generated from residents' home decoration shall be piled at the spots designated by the property management company or the neighborhood committee, and bear the cost of clear-away.
Article 31 The managing units of fairs and trade markets shall keep the market and surroundings clean and tidy, set up garbage collecting containers according to daily output of garbage and clear away the daily garbage every day. Violators of the provision will be ordered to correct by the CAED. Refusal to correct shall be subject to a fine of between not less than 300 yuan and not more than 3,000 yuan.
Vendors in fairs and trade markets shall have garbage-collecting containers of their own and keep stalls and surroundings of business sites clean and tidy.
Article 32 The urban public greenery land shall be kept clean, tidy and beautiful. The conservation units shall remove in time any garbage, odds and ends in the greenery land. The operating units shall remove in time the branches and earth produced in cultivating and pruning trees and flowers along both sides of roads. Violators of the provision shall be ordered to correct by the THE CAED and may be fined between not less than 100 yuan and not more than 1000 yuan.
Article 33 Construction units shall erect closed hoarding, temporary toilets and daily garbage collecting containers as required in construction sites and keep them clean, tidy and in good condition.
Construction units shall not arbitrarily pile building refuse, construction dregs and building materials outside the hoarding of construction sites, or discharge sewage or spill dust out of construction sites. All types of refuse produced in construction shall be piled in fixed spots and be cleared away in time.
After completion of construction projects, construction units shall level construction sites in time, remove building refuse, construction dregs and other wastes and discards, and demolish temporary facilities for construction.
Violators of the provisions under this article shall be ordered to correct by the city appearance and environmental sanitation administrative department or the CAED. Those who fail to set up temporary toilets and daily garbage collecting containers as required or who discharge sewage and spill dust out of construction sites shall be fined between not less than 300 yuan and not more than 3,000 yuan; parties who fail to set up closed hoarding as required or who arbitrarily pile building refuse, construction dregs and building materials outside construction sites shall be fined between not less than 3,000 yuan and not more than 30,000 yuan. If building refuse, construction dregs, and other wastes are not removed in time, the removal shall be done by others at the expenses of the violator, and a fine of between not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; and if temporary construction facilities are not demolished in time, the demolition shall be done by others at the expenses of the violator, and a fine of between not less than 3,000 yuan but not more than 30,000 yuan shall be imposed..
Article 34 Parties engaged in car washing and repair, retrieving scraps and taking in discards shall keep the surroundings of business sites sanitary, clean and tidy, taking measures to prevent sewage and discards from flowing and spilling outward. Violators of the provision shall be ordered to correct by the CAED. Those engaged in car washing and repair and retrieving scraps shall be fined between not less than 100 yuan and not more than 1,000 yuan; those engaged in taking in discards shall be fined between not less than 300 yuan and not more than 3,000 yuan.
Article 35 Parties who occupy roads and other public places with approval to hold festive, cultural and sports activities shall keep the surrounding environment sanitary, clean and tidy, and remove in time any facilities temporarily set up and any discards produced. Violators of the provision will be ordered to correct by the CAED and be fined between not less than 300 yuan and not more than 3,000 yuan.
Article 36 No resident shall raise any poultry and livestock such as chickens, ducks, geese, rabbits and edible pigeons. Violators of the provision shall be ordered by the CAED to dispose of such poultry and livestock within a time limit, or have them confiscated. In case of refusal, a fine of 50 yuan for each item of such poultry or livestock may be imposed.
Residents raising home-pigeons shall conform to relevant provisions of the sports administrative department, have appropriate conditions and take measures to avoid affecting surrounding city appearance and environmental sanitation. Residents raising home-pigeons and affecting the city appearance and environmental sanitation shall be ordered to correct by the person with responsibility for the city appearance and environmental sanitation responsibility zone. Any person who refuses to correct shall be given warnings by the CAED and be fined between not less than 50 yuan and not more than 500 yuan. Any person who causes heavy pollution to environment and bitter complaints from surrounding residents may be ordered to demolish the pigeon house.
Residents raising pets shall not affect environmental sanitation and shall immediately clear away droppings the pets excrete on roads and in other public places. Violators of the provision shall be ordered to correct by the CAED. Any person who refuses to correct shall be fined between not less than 20 yuan and not more than 200 yuan.
Chapter V Waste Administration
Article 37 This city disposes of wastes according to the resource-oriented and non-nuisance principle, encourages the recycling of wastes and takes measures to reduce the production of wastes step by step.
Article 38 Domestic garbage produced by residents and excrement not connected to the sewage treatment system shall be collected and transported uniformly by the municipal or district/county administrative department of city appearance and environmental sanitation.
Units shall be responsible for collecting and transporting wastes they produce, or entrust the city appearance and environmental sanitation operation service units to make the collection and transportation.
The municipal administrative department of city appearance and environmental sanitation shall arrange the treatment of wastes in a unified way.
Article 39 Those who themselves collect and transport the wastes listed below shall declare the amount of wastes and the treatment plan to the city appearance and environmental sanitation administrative department:
(1) Domestic garbage produced by units and excrement not connected to the sewage treatment system;
(2) Vessels' daily garbage, hold-sweeping garbage and excrement.
Violators of the provision under the preceding clause shall be ordered to correct within a time limit by the city appearance and environmental sanitation administrative department. Those who fail to declare before the deadline shall be fined between not less than 100 yuan and not more than 1,000 yuan.
Article 40 This Municipality practices classified placing, collection, transportation and disposal of domestic garbage step by step. The standards and methods of classified placing and collection shall be drawn up and published by the municipal administrative department of city appearance and environmental sanitation. The city appearance and environmental sanitation administrative departments shall publicize and guide the classified placing of domestic garbage.
Residents of units and areas where classified placing of domestic garbage is practiced shall place domestic garbage according to the prescribed classification. Units violating the provision of the classified placing of domestic garbage shall be ordered to correct by the CAED; those who refuse to correct shall be fined between not less than 100 yuan and not more than 1,000 yuan.
Large pieces of domestic garbage produced by residents shall be put on the designated spots at the settled time as required, and relevant operating units shall collect them at the regular time.
Article 41 Domestic garbage shall be treated by the rubbish treatment ground (plant) or facilities set up with approval. The treatment of domestic garbage shall follow the standard of urban environment sanitation quality and other relevant standards.
Article 42 Units and catering industry operators themselves shall separately collect and treat kitchen garbage they produce according to relevant stipulations or entrust relevant operating units to do the collection and treatment. They shall not discharge such garbage into sewers. Violators of the provision shall be ordered to correct by the CAED, and be fined between not less than 300 yuan and not more than 3,000 yuan.
Special discards such as plastic wastes and depleted batteries shall be separately collected and treated.
The municipal people's government may draw up stipulations on the obligation of recovering and treating corresponding wastes the producers and sellers of plastic products and batteries shall bear.
Article 43 The property management enterprise or neighborhood committee shall timely entrust the city appearance and environmental sanitation operation service units to remove the refuse produced by residents' home decoration to the designated place for treatment. Parties who violate the provision failing to remove such rubbish to the designated place shall be ordered to correct by the CAED, and may be fined 200 yuan for each ton of such garbage. The CAED may temporarily seize the violator's means of transportation and request the violator to be handled at the designated spot. The means of transportation will be returned after handling.
Article 44 Units that produce building refuse, construction dregs shall declare the output and disposal plan to the local district/county administrative department of city appearance and environmental sanitation to obtain the disposal certificate for building refuse or construction dregs, and entrust a unit with the transport certificate of building refuse or construction dregs to transport such refuse. Any violator of the provision shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 10,000 yuan but not more than 100,000 yuan.
The unit transporting building refuse or construction dregs shall obtain a transport certificate of building refuse or construction dregs issued by the municipal administrative department of city appearance and environmental sanitation, and the transport unit shall not carry the building refuse or construction dregs produced by a unit that has not obtained the disposal certificate. Any violator of the provisions shall be ordered to make corrections by the CAED, and may be imposed a fine of between not less than 5,000 yuan but not more than 30,000 yuan.
Every vehicle and vessel transporting building refuse or construction dregs shall put on unified marks, have the unified installation and use of an electronic information device recording routes, time and disposal places, carry the disposal certificate, and travel according to the route and time provided by the department of transport and communications, and the public security traffic department. Any violator of the provisions shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 200 yuan but not more than 2,000 yuan; failure to travel according to the provided route and time shall be dealt with by the administrative department of transport and communications, and the public security traffic administrative department according to relevant laws, rules and regulations.
The Municipal People's Government shall organize relevant district/county and departments to arrange a unified place for receiving and disposing of building refuse or construction dregs of this Municipality. Building refuse, construction dregs shall be piled and treated at the provided collection sites; the transport unit shall draw freight of building refuse and construction dregs against the disposal settlement voucher. Every construction unit who arranges disposal by itself shall submit to the municipal or district/county administrative department of city appearance and environmental sanitation the certificate issued by the administrative unit of the collection site.
Arbitrarily dumping, piling up or disposing of building refuse and construction dregs is prohibited. Any violator of the provisions shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 5,000 yuan but not more than 50,000 yuan.
For violation of the provision of this Article, the CAED may temporarily seize the conveyance of a law-breaking party, and request the party to accept handling at the designated spot, and shall return the conveyance after the handling. The CAED shall refer any transport unit with serious case to the municipal administrative department of city appearance and environmental sanitation to withdraw the transport certificate of building refuse or construction dregs.
Article 45 Industrial refuse, medical wastes, and other toxic and hazardous refuse shall be separately collected, transported and disposed of according to relevant provisions, and shall not be mixed with domestic garbage. Any violator of the provisions shall be ordered to make corrections by the CAED, and be imposed a fine of between not less than 10,000 yuan but not more than 100,000 yuan.
Article 46 The city appearance and environmental sanitation administrative department shall, in the principle of offering convenience to residents, stipulate the time, place and way to throw and dump domestic garbage and excrement.
Septic tanks and excrement pits shall be regularly dredged. In case of overflowing excrement, the district/county administrative department of city appearance and environmental sanitation shall first organize relevant department to make timely clear-away and dredging and then distinguish the liability, and the person liable shall bear the cost for the removal and dredging.
Chapter VI Administration of Operation Services
Article 47 This Municipality encourages units and individual persons to launch city appearance and environmental sanitation operation service enterprises, and gradually practices the market orientation of the city appearance and environmental sanitation operation services.
Article 48 For the following items of city appearance and environmental sanitation operation services, the operation service enterprises shall be determined by relevant administrative departments or units through bidding:
(1) sweeping and cleaning roads and other public places;
(2) collecting and transporting residents' domestic garbage and excrement not connected to the sewage treatment system; and
(3) items paid for by fiscal funds.
Operation service enterprises shall not sub-contract the operation service they take on. Violators of the provision may have their contracts terminated by the contracting-out department or unit.
Article 49 Those engaged in city appearance and environmental sanitation operation services shall follow the city appearance and environmental sanitation operation service standard, reach the urban appearance standard and urban environmental sanitation quality standard and strive for civilization, cleanness, sanitation and timeliness. Violators of the provision shall be ordered to correct by the CAED, and be fined between not less than 300 yuan and not more than 3,000 yuan.
Sweeping and cleaning up roads and public places shall be done in the settled time, reducing impact on road traffic and citizens' rest and reducing pollution to environment. Garbage shall be removed in time.
The municipal administrative department of city appearance and environmental sanitation shall draw up the city appearance and environmental sanitation operation service standards.
Article 50 The municipal and district/county administrative departments of city appearance and environmental sanitation shall, according to the division of functions and duties, supervise and inspect the city appearance and environmental sanitation operation service quality.
Chapter VII Administration of Environmental Sanitation Facilities
Article 51 The municipal administrative department of city appearance and environmental sanitation shall, according to the city's specialized planning of city appearance and environmental sanitation and the standard for establishing environmental sanitation facilities, prepare the special planning and implementing plan for construction of garbage transfer stations, refuse and excrement treatment plants (grounds), public toilets and other environmental sanitation facilities and organize the implementation.
Article 52 In making planning programs of the regional comprehensive development and construction such as development of new districts and renovation of old districts, the establishment of environmental sanitation facilities shall be included and the proposals of city appearance and environmental sanitation administrative departments solicited.
Those engaged in regional comprehensive development and construction shall, according to the stipulations and standards of setting up environmental sanitation facilities, build auxiliary environmental sanitation facilities. Violators of the provision shall be ordered to correct within a time limit by the city appearance and environmental sanitation administrative department. Those who refuse to correct shall be fined between not less than 3,000 yuan and not more than 30,000 yuan.
Article 53 The Municipality's transport hubs such as airports, stations and wharves and large-scale markets, cultural and sports facilities, tourist spots and other places with crowds of people coming and going shall have necessary public toilets and other environmental sanitation facilities built and have garbage collecting containers set up according to the stipulations and standards of setting up environmental sanitation facilities. Violation of the provision shall be ordered to correct within a time limit by the city appearance and environmental sanitation administrative department. Failure to set up garbage collecting containers according to stipulation and standard shall be subject to a fine between not less than 50 yuan and not more than 500 yuan; Failure to build necessary public toilets and other environmental sanitation facilities shall be subject to a fine between not less than 3,000 yuan and not more than 30,000 yuan.
Article 54 The indispensable public toilets and other environmental sanitation facilities shall be designed, constructed and put into use simultaneously with the main project and the proposal of the city appearance and environmental sanitation administrative department shall be solicited for the design plan.
The indispensable public toilets and other environmental sanitation facilities shall pass the check and acceptance test before being put into use. The city appearance and environmental sanitation administrative department shall participate in the check and acceptance test. If environmental sanitation facilities do not undergo the check and acceptance test or are put into use though failing the check and acceptance test, the city appearance and environmental sanitation administrative department shall order the party concerned to correct within a time limit.
Article 55 The administering and using units of environmental sanitation facilities shall do a good job of repair and maintenance of such facilities, keeping them clean, tidy and in good condition.
Public toilets shall open to the general public, have conspicuous signs and are kept clean by specially appointed persons.
Citizens using public toilets shall conscientiously maintain the cleanness and sanitation of, and care for the equipment of public toilets.
Article 56 No unit or individual person shall occupy or damage environmental sanitation facilities.
No unit or individual person shall arbitrarily demolish, remove, convert or close environmental sanitation facilities. If environmental sanitation facilities need to be demolished, removed, converted or closed for special reasons such as construction, the building unit or other relevant unit shall report to the municipal or district/county administrative department of city appearance and environmental sanitation for approval. A plan for rebuilding the demolished or closed environmental sanitation facilities shall be put forward as well.
Land determined by the planning for use of environmental sanitation facilities shall not be diverted for other purpose.
Any violator of the provisions of Clauses 1 and 2 shall be ordered by the CAED to make restoration or take other make-up measures, a fine of between not less than 10,000 yuan but not more than 100,000 yuan shall be imposed on a domestic garbage disposal facility or place, and a fine of between not less than 3,000 yuan but not more than 30,000 yuan on other environmental sanitation facilities; in case of any damage, the violator shall bear compensation liability.
Chapter VIII Supplementary Provisions
Article 57 The municipal, district/county administrative departments of city appearance and environmental sanitation and the CAED shall establish the system of handling complaints over city appearance and environmental sanitation.
Any units and individual persons have the right to lodge complaints over any phenomenon detrimental to the city appearance and environmental sanitation to the municipal or district/county administrative department of city appearance and environmental sanitation.
The municipal or district/county administrative department of city appearance and environmental sanitation and the CAED shall, within five days from accepting complaints, give the handling proposal in reply to the complaints.
Article 58 The city appearance and environmental sanitation administrative departments, the CAED, and other relevant administrative departments, and their staff shall perform their supervisory and administrative functions and duties in the administration of city appearance and environment sanitation according to law, enforce the law in a civilized way, accept according to law units' and individual persons' application matters and complaints over acts detrimental to the city appearance and environmental sanitation, and investigate and handle according to law any illegal acts. In law enforcement, they shall pay attention to education and correction of illegal acts.
The city appearance and environmental sanitation administrative department and the CAED practice the law enforcement responsibility system and fault prosecution system.
Article 59 Any person who verbally or physically attacks the staff of city appearance and environmental sanitation or refuses and obstructs the staff in performing their duties, violating the “Regulations of the People's Republic of China on Public Security Administration and Imposition of Punishment” shall be punished by the public security department; any person whose act constitutes a crime shall be prosecuted for criminal liability.
Article 60 In case the city appearance and environmental sanitation administrative department, the CAED, other relevant administrative departments, and their staff have any one of the following behaviors in the administration of city appearance and environment sanitation causing serious damages to the interests of citizens, legal persons or other organizations, and public interests, the person-in-charge directly responsible and other liable persons shall be given administrative sanctions according to law by their work units or superior authorities. Where the act constitutes a crime, criminal liability shall be prosecuted according to law:
1. execute the law without a legal basis or against legal procedures;
2. execute the law by violence or threats;
3. intentionally damage or ruin the property of a party in violation of the provisions;
4. fail to deal with according to law any found illegal act; and
5. other acts including abuse of powers, negligence of duties, and malpractice for selfish ends.
Article 61 The party concerned who disagrees with the specific administrative act of the city appearance and environmental sanitation administrative department and other administrative department or the CAED may, according to the provisions of the “Law of the People's Republic of China on Administrative Reconsideration” or the “Administrative Litigation Law of the People's Republic of China”, apply for administrative reconsideration or bring an administrative lawsuit.
If the party concerned does not apply for reconsideration of the specific administrative act, nor brings an administrative lawsuit, nor performs the administrative act before the deadline, the administrative department or the CAED that made the specific administrative act may apply to the people's court for enforcement or make enforcement according to law.
Article 62 The city proper under Article 2 of these Regulations means the areas inside the city's Outer Ring Road. New cities mean the towns where the district/county people's governments are located and the medium-scale cities that are formed on the strength of development of major industries and major urban infrastructure. The central towns mean the small cities developed on the strength of industries from the organic towns with conditions of advantageous location and good economic development and with comparatively large scale.
The scope of main roads and landscaping areas in these Regulations shall be formulated by the municipal administrative department of city appearance and environmental sanitation, jointly with other relevant departments, and promulgated upon the approval of the Municipal People's Government.
Article 63 For the administration of city appearance and environmental sanitation in areas other than the Municipality's urbanized areas, the municipal people's government shall formulate separate administrative procedures using these Regulations as reference.
Article 64 These Regulations shall be effective as of April 1, 2002. The “Regulations of Shanghai Municipality on Administration of Environmental Sanitation” adopted on December 22, 1988 at the Fifth Session of the Standing Committee of the Ninth Shanghai Municipal People's Congress shall be repealed at the same time.