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深圳经济特区城市道路照明管理规定 Administrative Rules of Shenzhen Special Economic Zone on Urban Road Illumination

2006-05-15 20:42   我要纠错 | 打印 | 收藏 | | |

深圳市人民政府令第59号
(discussed and approved at the 53rd meeting of the Executive Committee of the Second Shenzhen Municipal People‘s Government, and promulgated by Decree 59 of Shenzhen Municipal People’s Government on 3, March, 1997)
颁布日期:19970303  实施日期:19970303  颁布单位:深圳市人民政府

  Article 1 In order to strengthen the administration on urban road illumination in Shenzhen Special Economic Zone (hereinafter referred to as the special zone), and improve the city environment in the special zone, these regulations are formulated.

  Article 2 These regulations shall apply to the planning, design and construction of urban road illumination in the city planning area of Shenzhen, and the use, maintenance and administration of road illumination facilities.

  The urban road mentioned in these regulations refers to the municipal road, the road in residential or industrial district, operational freeway, bridge or tunnel.

  The road illumination facilities mentioned in these regulations include the lamp posts and lanterns erected on urban roads, the electricity transformation or distribution facilities, pipelines and working wells set up especially for road illumination, and other necessary accessory illumination facilities.

  Article 3 All units and individuals shall undertake the obligation of protecting the illumination facilities of urban road, and have the right of stopping, exposing or complaining about the activity violating these regulations.

  Article 4 The administrative department of city appearance of Shenzhen municipal people‘s government shall be the competent department of urban road illumination in the special zone (hereinafter referred to as the municipal competent department of road illumination), and execute the uniform administration on urban road illumination within the special zone.

  The professional administrative organization of urban road illumination in the special zone (hereinafter referred to as the professional administrative organization of road illumination) shall execute uniform maintenance and administration to the illumination facilities of urban road according to the entrustment of municipal competent department of road illumination, and undertake other tasks assigned by it.

  Article 5 The planning and design of urban road illumination of the special zone shall be conducted according to relevant state standards on urban road illumination. The illumination design of quick road or main road shall be conducted referring to relevant international standards on road illumination.

  The detailed rules of implementing the standards on road illumination, which are stipulated in the preceding paragraph, in the process of planning, design, construction or acceptance check shall be drafted, publicized and implemented by the municipal competent department of road illumination, jointly with the municipal competent departments of planning state-owned land and construction.

  Article 6 The construction unit, which builds, expands or rebuilds the road illumination facilities on a municipal road, in a residential or industry district, shall submit the design to the municipal competent department of planning state-owned land for applying the Planning License of Construction Project. The municipal competent department of planning state-owned land shall solicit opinions from the municipal competent department of road illumination and the professional administrative organization of road illumination when examining the preliminary design of construction project, and shall issue the Planning License of Construction Project with examination according to prescribed procedures.

  The construction unit shall submit the design concerning the road illumination construction of operational freeway, bridge or tunnel to the municipal professional administrative organization of road illumination for record.

  Article 7 The municipal construction competent department shall organize the construction of illumination facilities of municipal road according to the planning of city construction in the special zone. The construction expenses shall be listed in the overall budget of the municipal road construction.

  The construction unit shall organize, or entrust the professional administrative organization of road illumination to organize the design and construction of the illumination facilities on operational freeway, on bridge, on road in residential or industry district or in tunnel according to the standards stipulated in Article 5 of these regulations.

  Article 8 The municipal competent department of road illumination shall participate in the acceptance check after the road illumination construction on municipal road, in residential or industry district is completed. In case that the urban road illumination project does not pass the acceptance check, the municipal construction competent department shall order the construction unit to make correction within a time limit. In case that the construction unit does not make correction within the time limit, the municipal administrative department of construction shall force the project to be rebuilt, or entrust the professional administrative organization of road illumination to rebuild the project. The rebuilding expenses shall be paid by the construction unit. The professional administrative organization of road illumination shall organize the acceptance check, in case that it is entrusted to manage the road illumination facilities of operational freeway, bridge or tunnel.

  Article 9 The professional administrative organization of road illumination shall bring forward the scheme of heavy reparation or rebuilding of the illumination facilities of municipal road, and may not organize the construction until the municipal competent department of road illumination approves. The expenses of heavily repairing or rebuilding the illumination facilities of municipal road shall be listed in the yearly plan of municipal finance.

  Article 10 The professional administrative organization of road illumination shall perform the following functions and duties:

  (1) guaranteeing that there are more than 95% road lanterns lightening in the lighting time prescribed by the municipal competent department of road illumination, and making the intensity and brightness of road illumination meeting the prescribed standards;

  (2) keeping the illumination facilities of urban road in good, clean condition, and in normal operation;

  (3) keeping well the technology materials and files concerning urban road illumination, and delivering them to the municipal administrative department of construction file according to regulations;

  (4) issuing notice in advance when it is necessary to turn off all the road lanterns of road, bridge or tunnel because of rebuilding or reparation, and taking necessary measures to provide temporary illumination;

  (5) undertaking other management work of road illumination entrusted by the competent department of road illumination.

  Article 11 The extra fee of electric charge, which is collected by the department of power supply, shall be the special fund for maintaining the illumination facilities of urban road, and shall mainly be used to pay the following expenses:

  (1) the electric charge generated from the road illumination facilities managed by the professional administrative organization of road illumination;

  (2) the charge generated from the medium or light reparation of road illumination facilities managed by the professional administrative organization of road illumination;

  (3) the expenses of technology innovation or equipment renewal for road illumination facilities;

  (4) the expenses of maintaining, renewing or purchasing traffic or mechanical equipments required by the professional administrative organization of road illumination to manage or maintain the road illumination facilities.

  Article 12 The road illumination facilities on the road in residential or industry district, on operational freeway, on bridge, or in tunnel shall be managed according to Article 10 of these regulations by the management unit of residential district, industry district, freeway, bridge or tunnel.

  In case that the management unit mentioned in the preceding paragraph entrusts the professional administrative organization of road illumination to manage, the required management expenses shall be paid by the entrusting unit.

  Article 13 Any unit or individual, who may hamper the normal operation of road illumination facilities when doing municipal construction or other construction according to law, shall report in advance to the administrative organization or management unit of the road illumination facilities, and may not start construction until having taken prevention or remedial measure. The expenses generated from the prevention or remedial measure shall be paid by the constructor or builder.

  The provisions in preceding paragraph shall not apply in the circumstance that the administrative department taking charge of rescue and relief work takes measure to illumination facilities of urban road due to the needs of dealing with emergency or disaster. In case that the road illumination facility is damaged, the administrative department taking charge of rescue and relief work shall inform the management unit to deal with in time.

  Article 14 It is forbidden to commit any activity of hampering urban road illumination or destroying road illumination facility. The violator shall be ordered to stop the misfeasance by the municipal competent department of road illumination. The person liable may be imposed corresponding penalty according to the seriousness of circumstance in consistence with the following rules:

  (1) anyone, who removes, moves, changes, occupies, steals or damages the illumination facility of urban road, shall be ordered to restore the original state, compensate for the loss and be imposed a fine of 3,000 to 5,000 yuan simultaneously;

  (2) anyone, who connects and uses the power source of road illumination without permission, shall be ordered to pay the charge of used power, and imposed a fine of 2,000 to3,000 yuan simultaneously;

  (3) anyone, who turns off road illumination lantern without permission, shall be imposed a fine of 500 to 2,000 yuan, and shall compensate for the loss if he causes any damage;

  (4) anyone, who sets up pipeline or other facility on the road illumination facility without permission, shall be ordered to restore the original state, and imposed a fine of 500 to 1,000 yuan simultaneously;

  (5) other activity of hampering road illumination or destroying road illumination facility stipulated by law, regulations or rules, shall be punished according to relevant law, regulations or rules.

  Article 15 The management unit, which manages the road illumination facilities by itself according to Article 12 of these regulations, shall be ordered to make correction by the municipal competent department of road illumination if it fails to perform its managerial functions and duties effectively. In case that the management unit, which refuses to make correction, causes that the illumination facility can not work normally for 30 consecutive days, or causes material damage to human body or property because of poor management, the municipal competent department of road illumination has the authority to make the illumination facilities on the concerned road section managed by the professional administrative organization of road illumination as substitution. The original management unit shall pay the management expenses and may be imposed a fine of 5,000 to 10,000 yuan simultaneously.

  Article 16 Anyone, who violates these regulations and deserves the punishment of public order and security administration, shall be punished by the organ of public security according to the Regulations of the People‘s Republic of China on Punishments in Public Order and Security Administration, and shall be investigated for criminal responsibility by the judicial organ if a crime is constituted.

  Article 17 Any party, who does not agree with the decision of administrative penalty made by the municipal competent department of road illumination or relevant municipal administrative department, may apply for review to the administrative review organ of municipal government within 15 days upon receiving the decision. Any party, who does not agree with the review decision, may bring litigation before the people‘s court within 15 days upon receiving the review decision. The party concerned may bring litigation before the people’s court directly. In case that the party concerned does not implement the penalty decision, and does not apply for review or bring litigation, the department making the penalty decision shall apply to the people‘s court for coercive execution according to law.

  Article 18 The department, such as the municipal competent department of road illumination, professional administrative organization of road illumination or relevant competent department of government, or its working staff, who violates these regulations, shall be investigated for responsibility by its superior organ or his unit, and shall undertake the compensation responsibility according to law if it or he causes damage to other unit or person.

  Article 19 These regulations shall go into effect as of the date of promulgation.

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