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Measures of Guangzhou Municipality for the Management of the Temporary Occupation of Urban Roads

2024-04-08 16:36
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  (Issued on June 24, 1999 in accordance with Decree No. 6 of the People’s Government of Guangzhou Municipality, amended for the first time on January 11, 2015 in accordance with Decree No. 114 of the People’s Government of Guangzhou Municipality, amended for the second time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality, amended for the third time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality and amended for the fourth time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

  Article 1     These Measures are formulated in accordance with the Regulations on Management of Urban Roads issued by the State Council, the Regulations of Guangzhou Municipality on the Management of Public Facilities and other relevant provisions and with a view to strengthening urban road management to guarantee intact urban road facilities and smooth traffic.

  Article 2     These Measures are applicable to the temporarily occupied roadways, non-motorized vehicles lanes, sidewalks and their greenbelts, footbridges, pedestrian underpasses, bridges, under overpasses, public squares and inner streets (hereinafter collectively referred to as “roads”) within the urban area of the Municipality.

  Article 3     The municipal public facilities authority is responsible for organizing the implementation of these Measures, and the public facilities authority of each district is responsible for the management of the roads within the area under its jurisdictionex officio.

  The authorities in charge of public security, planning, market regulation, environmental sanitation, etc. shall work with public facilities authorities ex officio to implement these Measures.

  Article 4     The temporary road occupation by any entity or individual shall be subject to the approval from the competent public facilities authority and by the competent traffic control authority and the issuance of a Temporary Road Occupation Permit by the competent public facilities authority.

  The temporary occupation of a district road shall be subject to the approval from the public facilities authority and the traffic control authority of the district. The temporary occupation of a municipal road shall be subject to the approval from the municipal public facilities authority and the municipal traffic control authority.

  A road may, without prior consent, be occupied temporarily for rush repair of public facilities, water supply, electricity supply, gas facilities, telecommunication facilities or traffic facilities, with the relevant approval formalities being gone through afterwards.

  Article 5     No entity or individual may occupy any road as a place of business.

  If it is really needed to arrange any night market, Spring Festival flower fair or other events, the application for temporary occupation or closure of a road shall be submitted to the municipal people’s government for approval after the review by the municipal public facilities authority and the municipal authorities in charge of traffic control and fire control.

  Article 6     It is prohibited to occupy the following roads:

  (1) Arterial and secondary trunk roads within urban areas;

  (2) Within the area of 30 meters away from any bus (or tram) station (or shelter);

  (3) Within the area of 50 meters in front of any hospital or school gate;

  (4) Within the area of 10 meters away from fire exit or fire control equipment;

  (5) Footbridges and pedestrian underpasses.

  The construction, maintenance and repair of such urban infrastructures as public facilities, water supply, electricity supply, gas facilities, telecommunication facilities or traffic facilities with the required approval may be exempted from restrictions under the previous paragraph.

  Article 7     An urban road occupation fee for temporary occupation of an urban road shall be paid to the competent public facilities authority according to the charging standards approved by the competent price authority. Such an occupation fee shall be handed in to the finance authority at the same level in full.

  Article 8     The period of approved temporary road occupation shall not exceed half a year; if continued occupation is still needed upon the expiry of the occupation period, the approval formalities shall be gone through anew.

  Article 9     The public facilities authority and the traffic control authority may amend/cancel the Temporary Road Occupation Permit due to urban development or any other special needs, the entities or individuals concerned shall accept such amendment/cancellation and remove out of the site on schedule.

  In case of any amendment to or cancellation of the Temporary Road Occupation Permit, the competent public facilities authority shall refund the unused part of the urban road occupation fee.

  Article 10   Any entity or individual occupying a road temporarily with the required approval shall abide by the following provisions:

  (1) Hang the Temporary Road Occupation Permit on site as required;

  (2) Use the road in accordance with the approved time, location, area and purpose;

  (3) Set clear signs and safety protection facilities and keep the road clear during the construction or when piling up goods;

  (4) Not allowed to build a permanent or semi-permanent building or structure with a fixed foundation;

  (5) Not allowed to keep out any street light, traffic signal or traffic sign;

  (6) Not allowed to damage, override or occupy any well, cover or fight-fighting equipment for underground pipelines, or to block any fire control passageway;

  (7) Not allowed to override or encroach on any urban green space or to damage any greening facilities, flowers, grass or trees.

  Article 11    The occupying entity or individual shall clean up the occupied space within 7 days from the date of expiry of the temporary road occupation period, and traffic shall be restored after acceptance by the competent public facilities authority. If any road facility is damaged, the entity or individual shall make compensation, and the competent public facilities authority shall arrange for repairs in a unified way.

  Article 12   No occupation of a road to set a sign, pole, booth or station is allowed unless a specific plan thereof is submitted to and approved by the competent public facilities authority and the competent traffic control authority.

  Setting a traffic sign, a sign for promoting social welfare or social morality undertakings, a power pole, a telephone booth, a guard booth, a bus (or tram) station or an environmental sanitation facilities sign may be exempted from the urban road occupation fee unless with the built-in commercial ads approved by the competent advertising authority.

  Article 13   Where any sign, pole, booth or station set with the required approval is adjacent to any water supply, electricity supply, gas supply or telecommunication facility, a safe distance shall be kept in accordance with relevant national regulations; a sign, pole or light box on a non-motorized vehicles lane shall be no less than 4.5 meters away from the road surface; if on a sidewalk, the sign, pole or light box shall not be put horizontally or interfere with pedestrian walking or use of fire control equipment.

  Article 14   Where any temporary road occupation is approved by the public facilities authority of a district in accordance with the provisions of these Measures, it shall accept the supervision and guidance by the municipal public facilities authority.

  Article 15   The Temporary Road Occupation Approval and the Temporary Road Occupation Permit shall be produced and managed by the municipal public facilities authority.

  Article 16   Whoever violates these Measures shall be punished by the competent public facilities authority or the competent urban comprehensive law enforcement authority ex officio and according to law, or be punished by other relevant authorities according to law if required.

  Article 17   Where any staff member of a public facilities authority or of any other authority, in violation of the provisions of these Measures, fails to perform his/her duties required by law, the competent authority shall order him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 18   These Measures shall come into force on July 1, 1999. The Interim Rules of Guangzhou Municipality on the Management of Road and Sidewalk Occupation issued by this Municipality on December 16, 1985 shall be abolished accordingly.