唐山市人民政府令

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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
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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
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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.
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(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.
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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
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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.
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