Regulations of Shanghai Municipality on Parks Management

 2018-10-18  308


(Approved at the 11th session of the Standing Committee of the 10th Shanghai Municipal People's Congress on July 22, 1994; amended for the first time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Parks Management adopted at the 36thsession of the Standing Committee of the 10th Shanghai Municipal People's Congress on May 27, 1997; amended for the second time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Parks Management adopted at the 7th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on October 10, 2003; amended for the third time in accordance with the Decision on Amending Some Local Rules of This Municipality adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 17, 2010; amended for the fourth time in accordance with the Decision on Amending 12 Local Rules Including the Regulations of Shanghai Municipality on the Administration of Materials for Construction Works adopted at the 22nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 23, 2015)

 

Chapter I  General Provisions

 

Article 1

With a view to enhancing construction, management and protection of parks of this Municipality, protecting and improving ecological environment and beautifying cityscape, improving people's physical and mental health, these Regulations are formulated in accordance with relevant national laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2

The parks mentioned in these Regulations refer to the municipal infrastructural facilities of public welfare, public green space used for improving the regional eco-environment and places open to the public for sightseeing, rest and recreation.

Article 3

These Regulations apply to the completed comprehensive parks as well as the being-built parks, specialty-type parks, famous historical and cultural gardens, and the parkland for construction, set forth in the planning.

Article 4

The municipal afforestation department shall be responsible for the parks management and enforcement of these Regulations in this Municipality.

The afforestation departments of district/county people's governments (hereinafter referred to as the district/county afforestation administrations) are the competent administrative departments within the jurisdiction of district/county and subject to the leadership of municipal afforestation department.

Relevant departments of municipal, district/county people's government shall, in accordance with their respective responsibilities, collaborate with the municipal, district/county afforestation administrations to enforce these Regulations.

Article 5

The municipal afforestation department shall take up the following responsibilities:

1. prepare the parks development plans as well as construction schemes for this Municipality, put forward verification comments on the permit for new parks planning, examine and approve the adjustment plan for the completed parks;

2. formulate the parks management standards, technical specifications, operation rules;

3. set up targets for scientific and technological advancement and personnel training;

4. be responsible for construction, maintenance and management of municipal parks; and

5. be responsible for enforcement of relevant laws and regulations.

Main responsibilities of the district/county afforestation administrations:

1. prepare overall plans for the subordinate parks;

2. be responsible for the construction, maintenance and management of the subordinate parks; and

3. be responsible for enforcement of relevant laws and regulations.

Article 6

Main responsibilities of the parks management organs:

1. implement the parks planning and construction according to law, strengthen property management, ensure integrity of equipment and facilities, raise the gardens artistic level and create a beautiful environment;

2. ensure quality service, maintain order and protect safety of visitors;

3. carry out science publicity campaigns as well as cultural and recreational activities in line with the socialist spiritual civilization; and

4. handle the visitors's acts that violate these Regulations, with the authorization from municipal or district/county afforestation administrations.

Article 7

The municipal and district/county people's government shall include the park construction into the national economic and social development plan, and arrange special funds to ensure parks maintenance and management.

Municipal and district/county people's government may raise the funds for park construction, maintenance, management through donations, grants, social funds and other channels.

Article 8

    Parks shall be protected by the whole society. Citizens are entitled to report and accuse the acts that violate these Regulations.

The units and individuals that make outstanding achievements for this Municipality in parks planning, construction, protection and management shall be commended and awarded by the municipal or district/county afforestation administrations.

 

Chapter II  Planning and Construction

 

Article 9

The parks development planning and construction schemes in this Municipality shall be formulated in accordance with the principles of systematic planning and rational layout for urban green space, and shall be implemented after approval of the Municipal People's Government.

The overall planning of new parks shall be formulated in accordance with the municipal parks development planning and construction schemes and the proportions of land utilization for various items shall comply with relevant provisions of the State.

Article 10

The designing schemes of parks construction projects shall meet the following conditions:

1. in conformity with the approved overall plan of the park;

2. in conformity with relevant state regulations, technical specifications and regulatory requirements; and

3. appropriate qualifications for the unit that undertakes the designing.

The park development unit shall, before the construction, submit the designing scheme of construction project to the afforestation administration for archiving; in case of alteration, the altered scheme shall be archived in the original archiving department.

Article 11

The parks construction projects shall be undertaken by the construction units with appropriate qualifications. The development units and the construction units shall conduct construction in line with the archived designs, without arbitrary change.

The park shall be checked and examined by the municipal, district/county afforestation administrations and other relevant department after completion of the construction and shall be put into use only after its acceptance.

 

Chapter III  Protection and Management

 

Article 12

No unit or individual shall arbitrarily change or occupy the for-construction parkland, set forth in the municipal parks development planning. In case that the nature of parkland for construction really needs to be changed in line with parks planning in this Municipality, the municipal planning administrative department shall obtain consent from the afforestation administration and submit the plan to the Municipal People's Government for approval, with compensation to be made to the planned-for-construction parkland from nearby site.

Article 13

No unit or individual is allowed to occupy or rent parkland, or use the parkland for other purposes in the form of cooperation, joint ventures, or other means.

No construction projects are allowed to cross or use the parkland.

In case that the municipal public works, utilities, high-voltage power supply corridor and other construction projects need to go through or use parkland for special purposes, the plans shall be submitted to the Municipal People's Government for approval after consent from the municipal afforestation administration, with land compensation of not less than the size of occupying parkland to be made from nearby site plus compensation for economic losses.

In case that the proportion of completed greening coverage of the park is not up to relevant national standard, the greening space shall be gradually adjusted to meet it.

Article 14

The municipal afforestation administration shall implement classification and grading management to the parks in this Municipality, and jointly with relevant municipal departments, give priority of protection and management to the key gardens.

Article 15

Management of plants, animals, garden facilities in the park shall meet the following criteria:

1. strengthen conservation and management, enhance the artistic level of gardens in accordance with the technical regulations for plants cultivation and conservation;

2. strengthen feeding, protection, breeding and research for the ornamental animals, increase rare and endangered animal species, do well in animal introduction, exchange, and blending according to law;

3. keep intact the architectures, recreational and service facilities, keep signs complete and in place; and

4. give special protection to ancient and famous trees, cultural relics and historical sites, and superior modern architectures.

Article 16

Park environmental management shall meet the following criteria:

1. keep environment clean, sanitation facilities intact;

2. keep water clean, nice to view;

3. keep quiet, with the noise not exceeding the standards set forth by the department of environmental protection;

4. no burning leaves or branches, garbage or other debris; and

5. no setting the ads that affect the parks landscape.

No unit or individual is allowed to emit smoke or harmful toxic gas pollutants to the park; or dump debris, garbage to the waterways of the park or discharge dirty water unfit to the emission standards.

Municipal, district/county department of urban planning and management shall control the construction projects around the parks and make them in harmony with parks landscape.

Article 17

Parks security management shall meet the following criteria:

1. Perfect safety management system, strengthen management on water sports, animal shows, amusement facilities, holiday recreation activities, and execute measures to ensure the safety of visitors;

2. On-job-certificates for equipment and facilities operators;

3. No vehicles are allowed to enter the park without permission, except for non-motor vehicles used for the old, the young, the sick and the disabled persons.

Article 18

The fares and approval procedures for park admission, amusement facilities, shows and other events shall be implemented in line with the regulations of the price administration.

Article 19

The project of setting up recreational facilities may not be detrimental to parks green belt and environmental quality, and shall meet the following requirements:

1. be disposed within the approved planning area;

2. in conformity with the landscape of the park; and

3. technical and safety indicators meet relevant provisions of the State.

The recreational facilities shall be checked and examined by the technical supervision and management department upon completion and be put into use only after its acceptance. Maintenance shall be conducted on a regular basis.

Article 20

The commercial service facilities shall be subject to the planned layout of the park, in harmony with its functions, scale, landscape, and shall be approved by the municipal, district/county afforestation administrations.

Relevant units and individuals shall comply with the relocation and repeal of the commercial service facilities due to the park's construction.

Article 21

Shows and other events held in parks shall be consistent with the park's functions, in line with the principle of healthy and civilized ways, without undermining the green space and environmental quality.

National exhibitions and other events shall be approved by the municipal afforestation administration; local exhibitions and other events shall be approved by the municipal or district/county afforestation administration. Exhibitions and other events that have significant impact to this Municipality shall be approved by the Municipal People's Government.

Article 22

Parks shall be open every day, and the close-out under special conditions is subject to approval by the district/county afforestation administration.

Article 23

Visitors shall tour the park in a civilized way, take care of green space, protect park facilities, maintain order in compliance with the regulations of the park.

Visitors are prohibited to conduct the following acts:

1. damage flowers and trees, facilities and equipment;

2. carry firearms, ammunition, explosive materials and other dangerous goods;

3. harm the animals;

4. set up commercial or unauthorized campfire, barbecue, camping; or

5. other acts prohibited by laws and regulations.

 

Chapter IV  Legal Liability

 

Article 24

For any one of the following acts, the wrongdoer shall be ordered by the municipal or district/county afforestation administrations to stop designing, construction or use, and make corrections within a prescribed time limit; if the act causes losses, compensation shall be made; and fine penalty of 1% to 5% shall be imposed on the directly responsible person:

1. inconsistency of the park construction designing with the overall planning of the park, or with relevant state regulations, technical specifications and regulatory requirements;

2. failure to undertake the designing and construction tasks with proper qualification grade;

3. arbitrary change of park designing or conducting construction without obeying the archived designs; or

4. failure to go through check and acceptance after construction completion.

Article 25

For any one of the following acts, the wrongdoer shall be ordered by the municipal afforestation department to make corrections within a prescribed time limit and restore the park to its original shape; if the act causes parkland losses, fine compensation shall be made by 4 to 5 times of the green space construction expenditures; and 1% to 5% of the fined amount shall be imposed on the directly responsible person:

1. unauthorized change of the functions of the for-construction parkland;

2. occupy, rent the parkland or use it for other purposes in the form of cooperation, joint ventures and other ways;

3. utilization ratio of parkland fails to meet relevant provisions of the State; or

4. unauthorized crossing or utilizing the parkland by various types of construction projects.

Article 26

For any one of the following acts, the wrongdoer shall be ordered by the municipal, or district/county afforestation administrations to stop encroachment; if the act causes losses, compensation shall be made; and penalty shall be imposed in accordance with the environment protection and sanitation:

1. failure to discharge the dirty water by emission standards, or dump the waste and debris to the park's waterways

2. emitting smoke, harmful toxic gas pollutants or burning leaves and branches, trash and other debris in the park;

3. noise in the park exceeding the standards, set forth by environmental protection department; or

4. setting up ads that influence park landscape.

Article 27

Visitors that are harmed due to the park management responsibility shall be compensated; if the act constitutes a crime, the responsible person shall be prosecuted for criminal liability.

Article 28

The wrongdoer for any one of the following acts shall be ordered by the municipal or district/county afforestation administrations to stop the action, make corrections within a prescribed time limit, and the illegal gains shall be confiscated; if the act causes parkland losses, fine compensation shall be made by 4 to 5 times of the green space construction expenditures; and 1% to 5% of the fined amount shall be imposed on the directly responsible person.

1. setting tickets fares for park admission, exhibitions and other events without authorization;

2. technical indicators of park's amusement facilities not meeting relevant provisions of the State, or setting up facilities in the park without authorization ;

3. setting up unauthorized commercial service facilities in the park;

4. holding various exhibitions and other activities in the park without authorization; or

5. exhibitions and other activities that are detriment to the greening and environmental quality of the park.

Article 29

The municipal or district/county afforestation administrations shall explain the regulations to whoever violates the Clause 1 of Article 23 of these Regulations to stop the action, and order him/her to rectify; if the act causes losses, compensation shall be made.

For violation of any one of the prohibited acts, provided in Clause 2 of Article 23 of these Regulations, the municipal or district/county afforestation administrations shall order the wrongdoer to make corrections; if the act causes losses, compensation shall be made by 1 to 2 times of the compensation costs; acts in violation of the Administrative Penalty Law of People's Republic of China on Public Security Administration shall be punished by the public security department; if the act constitutes a crime, criminal liability shall be prosecuted.

Article 30

Where the municipal or district/county afforestation administrations make punishment to the act in violation of these Regulations, administrative penalty decision shall be issued to the person concerned.

Where the municipal or district/county afforestation administrations impose fines to the act in violation of these Regulations, the confiscated money shall be submitted to the state treasury in accordance with the regulations.

Compensation for parkland shall be turned into the municipal or district/county afforestation administrations for parks green belt construction.

Article 31

The municipal or district/county afforestation administrations, park management institutions and their staff that neglect of duty, abuse of power, practice favoritisms and commit irregularities in violation of these Regulations shall be given administrative sanctions by its superior administrative department; if the act causes losses, compensation shall be made according to law; if the act constitutes a crime, criminal liability shall be prosecuted.

Article 32

The parties concerned that do not accept the administrative act by relevant administrative departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the Administrative Reconsideration Law of People's Republic of China or the Administrative Procedural Law of People's Republic of China.

The parties concerned that do not apply within the statutory time limit for reconsideration, litigation nor conduct implementation shall be brought into compulsory enforcement of the people's court by the department that executes administrative act.

 

Chapter V  Supplementary Provisions

 

Article 33

The implementation application of these Regulations shall be interpreted by the municipal afforestation department.

Article 34

Compensation fees and fines shall be set up by the municipal afforestation department and implemented after approval by the Municipal People's Government.

Article 35

These Regulations shall be effective as of October 1, 1994.