Measures for the Implementation of the Regulations of Shanghai Municipality on Comprehensive Administrative Enforcement of Urban Management (202 1 Amendment)

In order to strengthen the comprehensive administrative law enforcement of urban management in this Municipality and improve the efficiency and level of law enforcement, these measures are formulated in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China, the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement of Urban Management and other laws and regulations, and combined with the actual situation of this Municipality. Article 2 (Scope of Application)

These Measures shall apply to the comprehensive administrative law enforcement activities of urban management within the administrative area of this Municipality.

The comprehensive administrative law enforcement of urban management mentioned in the preceding paragraph refers to the behavior that the municipal and district urban management administrative law enforcement departments (hereinafter referred to as "urban management law enforcement departments"), sub-district offices and township people's governments exercise all or part of the administrative punishment rights and related administrative inspection rights and administrative compulsory rights of relevant administrative departments in the field of urban management. Article 3 (Competent Authority)

The municipal administrative law enforcement department of urban management (hereinafter referred to as the "municipal administrative law enforcement department") is the administrative department in charge of comprehensive administrative law enforcement of urban management in this Municipality, and is responsible for organizing the implementation of these measures.

District Urban Management Administrative Law Enforcement Department (hereinafter referred to as "District Urban Management Law Enforcement Department") and sub-district offices and Township People's governments shall be responsible for the comprehensive administrative law enforcement of urban management within their respective jurisdictions in accordance with the prescribed authority. Article 4 (Division of Jurisdiction)

Urban management violations in the following circumstances shall be investigated and dealt with by the municipal urban management law enforcement department:

(a) has a significant impact on the city;

(two) involving municipal rivers;

(three) involving ancient and famous trees and the follow-up resources of ancient trees;

(four) the need for centralized rectification within the city;

(five) taxi drivers who have significant influence in key areas of the central city;

(six) the provisions of laws, regulations and rules shall be investigated and dealt with by the municipal administrative organ.

Urban management violations in the following circumstances shall be investigated and dealt with by the district urban management law enforcement department:

(a) has a significant impact on the region;

(two) involving the river area;

(three) the need for centralized rectification within the jurisdiction;

(four) other needs to be investigated and dealt with by the district urban management law enforcement department.

Sub-district offices and Township People's governments shall investigate and deal with illegal acts within their respective jurisdictions in accordance with their duties.

Urban management law enforcement departments should establish and improve the unified mobilization and command mechanism for major cases of urban management comprehensive administrative law enforcement and cross-regional mobile cases.

The catalogue of municipal rivers, district rivers and township rivers shall be formulated and published by the municipal urban management law enforcement department. Article 5 (Law Enforcement Organs)

Urban management law enforcement departments, sub-district offices and Township People's governments shall implement comprehensive administrative law enforcement of urban management in accordance with the law enforcement scope stipulated in the first paragraph of Article 11 of the Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement of Urban Management.

In addition to the scope of law enforcement stipulated in the preceding paragraph, the scope of urban management comprehensive administrative law enforcement implemented by urban management law enforcement departments, sub-district offices and township people's governments includes:

(a) according to the provisions of water management laws, regulations and rules, building buildings and structures within the scope of protection of raw water diversion pipes and canals; Illegal acts of erecting buildings and structures without authorization within the scope of seawall protection shall be given administrative punishment according to law.

(two) according to the provisions of laws, regulations and rules on environmental protection management, operating units and individuals discharge dust or waste gas in roads or public places without organization; Black smoke on the working stove is clearly visible; The catering service operators failed to install facilities for fume purification and odor treatment in accordance with regulations, and did not obtain relevant permits; Illegal acts of engaging in business activities that are prone to noise pollution such as metal cutting, stone and wood processing in areas where noise-sensitive buildings are concentrated shall be given administrative penalties according to law.

(three) according to the provisions of the laws, regulations and rules on housing management, administrative penalties shall be imposed on illegal acts that do not conform to property management, real estate market management, housing security, protection of outstanding historical buildings, and expropriation and compensation of houses on state-owned land.

(four) according to the provisions of laws, regulations and rules of urban and rural planning management, temporary construction without approval; Administrative penalties shall be imposed on illegal acts of temporary buildings and structures that have not been demolished within the approved period.

(five) according to the provisions of construction management laws, regulations and rules, do not comply with the civilized construction management; Within the scope of safety protection of gas pipeline facilities determined by the Municipal People's Government, the illegal acts of building or structure shall be subject to administrative punishment.

(six) according to the provisions of laws, regulations and rules on the installation and use of air-conditioning equipment, impose administrative penalties on illegal acts of installing air-conditioning equipment in corridors, stairs, exits and other parts of buildings.

(seven) according to the provisions of the taxi management laws, regulations and rules, the implementation of administrative penalties for taxi drivers in key areas of the central city in violation of passenger service management.

(eight) according to the provisions of the parking management laws, regulations and rules, the implementation of administrative penalties for motor vehicle drivers in violation of parking management in the central city road parking lot.

The scope of key areas in the central city in Item 7 of Paragraph 2 shall be separately stipulated and promulgated by the Municipal People's Government.