Decree of Tangshan Municipal Government [2009] No. 3 Measures on Administration of Urban Night Scene Lighting of Tangshan City, which were adopted at the 30th executive meeting of the municipal government on November 19, 2009, are hereby promulgated, and enter into force as of January 1, 2010. Mayor: Chen Guoying November 23, 2009 1 Measures on Administration of Urban Night Scene Lighting of Tangshan City Article 1 These measures are formulated in accordance with the Regulations on Tangshan Municipality on administration of the city appearance and environmental sanitation, in the light of the actual circumstances of the city, for the purposes of regulating the setting up and management of the night scene lighting facilities and beautifying the city appearance and environmental sanitation. Article 2 These measures shall be applied to the setting up and management of the night scene lighting facilities within the city central districts ( Lunan District, Lubei District, High-tech District). The phrase of night scene lighting facilities mentioned in these measures refers to the lights lighting facilities and ancillary equipment, etc. which attached to the buildings, structures, roads, bridges, tunnels, squares, parks, green lands, stations, airports, outdoor advertisements, rivers, water surface and other facilities. Article 3 The administrative department of urban management shall be responsible for the management of night scene lighting within the city’s central districts. District administrative department of urban management shall be responsible for the management of night scene lighting within their respective jurisdictions. The administrative department of urban and rural planning shall be responsible for compiling the overall planning and detailed planning on night scene lighting within the municipal jurisdiction. The executive department of urban management is responsible for the punishment of the violation of the administration of night scene 2 lighting. The administrative departments of financial, construction, and housing shall carry out the work of night scene lighting in accordance with their respective duties. Article 4 Buildings and structures in the locations within the city’s central districts shall be installed with the night scene lighting facilities and ancillary equipment: 1. buildings and structures on both sides of landscape streets, commercial streets, urban arterial roads and secondary trunk roads, and buildings and structures surrounding squares; 2. buildings more than 6 floors and the sections with relatively concentrated commercial stores on the city branch ways; 3. all kinds of municipal facilities such as squares, bridges, flower beds, parks, green lands, water surface of important scenic spots, etc.; 4. all kinds of show windows, plaques, outdoor advertisements and other signs; 5. other locations with the necessity to set up the night scene lighting. Article 5 The administrative department of urban management shall be responsible for the examination and approval of the night scene lighting design scheme the monomer floor area. The below 20,000 square administrative department meters on of urban management, together with the administrative department of planning, shall be responsible for the examination and approval of the night scene lighting design scheme above 20,000 square meters (including 20,000 square meters) on the monomer floor area. The night scene lighting design scheme shall be included in the reported architecture design scheme commercial project) of a new project. 3 (including residential and Article 6 Setting up urban night scene lighting facilities shall conform to the urban night scene lighting planning and the relevant standards of public lighting facilities. Article 7 Unit or individual engaged in the design, construction, management, maintenance and repair of the facilities of urban night scene lighting shall obtain the corresponding qualifications and working licenses according to the law. Article 8 Urban night scene lighting constructions shall meet the following requirements: 1. according to the article 4 of these measures, a new construction, reconstruction or expansion project shall be designed, built, checked and accepted, and put into use the night scene lighting facilities simultaneously with the construction, and the cost shall be included in the total investment of the project construction. 2. construction sites on both sides of landscape streets, commercial streets, arterial and secondary trunk roads, and sites surrounding squares shall be installed night scene lighting colorful gates and lighting fences. 3. an outdoor advertisement shall be installed lighting facilities and equipment; 4. night scene lighting facilities shall not affect astronomical observation, traffic and safety of navigation; 5. urban night scene lighting facilities shall be fireproof, windproof, shockproof, waterproof, lightning protection, and anti-creep; 6. units with property right shall check the night scene lighting facilities, timely repair the damaged or faulty facilities, and ensure the normal operation of lighting facilities. Article 9 The changing, moving or dismantling of the night scene lighting facilities shall be performed after the approval of the original examination and approval department. 4 When changing, moving or dismantling the night scene lighting facilities causes damage to the structure or the landscape of the original location, repair should be made. Article 10 The unit with property right shall be responsible for the funding of constructing and maintaining urban night scene lighting facilities. Lighting fund on municipal facilities and buildings shall be approved and distributed under centralized approval line by the administration departments. Article 11 Urban night scene lighting facilities shall be lighted up with the street lamps at the same time. The closing time shall not be earlier than 21 o’clock in winter, and not be earlier than 22 o’clock in spring, summer and autumn. The lighting up time and area of the night scene lighting facilities during an important event shall be determined by the municipal government. Article 12 Violation of the provisions of article 8 and article 4 of these measures, shall be ordered to correct within a prescribed time limit by the department of urban administrative enforcement; and the failure to correct within the prescribed time limit shall be imposed a fine of no less than 500 yuan and no more than 1,000 yuan. Article 13 Opening and closing the night scene lighting facilities violates the time limit stipulated by these measures shall be ordered to correct within a prescribed time limit by the competent department; and the failure to correct within the prescribed time limit shall be ordered to correct by the department of the executive department of urban management, and be imposed a fine of 200 yuan each time. Article 14 New lighting facilities used without acceptance or with the unqualified acceptance, shall be ordered to correct within a prescribed time limit by the executive department of urban 5 management, and imposed a fine of no less than 500 yuan and no more than 1,000 yuan. Article 15 Changing, moving and dismantling the night scene lighting facilities without authorization, shall be ordered to correct within a prescribed time by the department of urban administrative enforcement, and imposed a fine of no less than 500 yuan and no more than 1,000 yuan; and if there is involving a crime, it shall be transferred to the judicial jurisdiction. Article 16 The administrative relative person refused to accept the specific administrative act may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Fails to apply for administrative reconsideration or file an lawsuit within the time limit, and fails to perform the specific administrative act, the administration which made the specific administrative act may apply to the people’s court for compulsory execution. Article 17 If the urban night scene lighting administrative personnel abuse authority, or conduct malpractice for personal gain, neglect duty, the directly responsible person in charge and other directly responsible personnel shall be imposed administrative sanctions; and if there is involving a crime, the case shall be transferred to the judicial jurisdiction. Article 18 Management of the night scene lighting outside the city’s central districts, shall be executed with the reference of these measures. Article 19 These measures shall enter into force as of January 1, 2010. 6