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Notice of the Municipal People's Government on Printing and Distributing the Administrative Measures for Parking Services in Xianning

文 号: 咸政规〔2019〕5号 Index No .: 000014349 / 2019-11295 Document No .: Xianzhengjian [2019] No. 5

发文单位: 咸宁市人民政府 Theme Category: Urban Planning Issuer: Xianning Municipal People's Government

发布日期: 2019年12月10日 Name: Notice of the Municipal People's Government on Printing and Distributing the Administrative Measures for Parking Services in Xianning City Date of Publication: December 10, 2019

发文日期: 2019年12月02日 Validity: Valid Post Date: December 02, 2019

Xian Political Regulations [2019] No. 5

County, city and district people's governments, municipal government departments, Xianning High-tech Zone Management Committee:

The "Administrative Measures for Parking Services in Xianning City" is hereby issued to you. Please follow them carefully.

People's Government of Xianning

December 2, 2019

(This is publicly available)

Administrative Measures for Parking Services in Xianning City

Chapter I General Provisions

Article 1 In order to strengthen the management of parking services in this city, improve road traffic conditions, and ensure the coordinated development of urban traffic, in accordance with laws and regulations such as the Road Traffic Safety Law of the People's Republic of China, the Law of the People's Republic of China on Urban and Rural Planning, and the Regulations on Urban Road Management In accordance with the actual conditions of this Municipality, these Measures shall be formulated.

Article 2 These measures apply to parking service management activities within the city's urban area.

The planning, construction, and management of public transportation, road passenger and freight transportation vehicles, and other parking lots shall be governed by other relevant regulations of the state and this province and city.

Article 3 The parking lots referred to in these measures refer to places where various types of motor vehicles and non-motor vehicles are parked, including public parking lots and special parking lots.

The temporary road parking berths referred to in these measures refer to the temporary parking spaces for motor vehicles planned and set within the red line of urban roads, including parking spaces on sidewalks and parking spaces on sidewalks.

The temporary parking spots for non-motorized vehicles referred to in these measures refer to temporary parking spots for non-motorized vehicles that are planned and set within the red line of urban roads according to law.

Article 4 The Municipal Urban Management Law Enforcement Department is responsible for the overall coordination, supervision and management of parking lots, temporary parking spaces on roads, and temporary non-motor vehicle parking spots; it is also responsible for the management of the parking order of sidewalk vehicles.

The traffic management department of the municipal public security organ is responsible for the management of parking order in motorized lanes and non-motorized lanes.

The municipal housing construction department is responsible for the supervision and management of the parking lot construction.

The municipal natural resources and planning department is responsible for organizing the preparation of the special parking lot plan, and the supervision and management of the building parking lot planning.

The municipal administrative departments of development and reform, finance, emergency management, market supervision and management, and taxation shall do a good job in parking service management in accordance with their respective responsibilities.

Article 5 The Municipal People's Government establishes and improves a parking service management coordination mechanism, coordinates relevant departments to do a good job in related work, and resolves major issues in parking service management.

Article 6 The planning, construction and management of parking lots, temporary parking spaces on roads, and temporary parking spots for non-motorized vehicles shall follow the principles of unified planning, supporting construction, government guidance, multi-party participation, efficient management, and convenience to the public, and gradually alleviate parking conflicts. Improve urban traffic order.

Article 7 The government may construct public parking lots by cooperating with social capital, and in accordance with the principle of who invests and benefits, adopt a diversified method to determine the main body of project construction and implement paid use.

Units and individuals are encouraged to invest in the construction of public parking lots and use various types of idle land resources to construct temporary public parking lots.

Units and individuals who invest in the construction of public parking lots or temporary public parking lots shall report to the municipal natural resources and planning department for review in accordance with the law.

Article 8 The unit's parking lot is encouraged to be opened to the society when it meets the parking needs of the unit.

Chapter II Planning and Construction

Section 1 Planning and Construction of Parking Lots

Article 9 The planning and construction of parking lots shall follow the principle of intensive land use, make full use of underground, surface and above-ground space, make reasonable allocations, and connect with the construction of urban transportation systems.

Article 10 The municipal natural resources and planning department shall, in accordance with the overall urban planning, regulatory detailed planning, comprehensive transportation planning, and the needs of urban construction and development, work with the municipal development and reform, housing construction, public security, and urban management law enforcement departments to organize the preparation of special parking lot plans. It shall be implemented after being reported to the Municipal People's Government for approval.

Article 11 The municipal housing construction department shall, in accordance with the special parking lot planning, compile an annual construction plan for public parking lots and report to the Municipal People's Government for approval.

Article 12 The construction land for public parking lots shall be provided by means of state-owned land transfer and lease.

On the premise of meeting the requirements of traffic access, pedestrian safety, fire protection, and greening, public parking lots can be constructed by using idle land in units and residential areas, as well as underground spaces such as squares, school playgrounds, parks, and green spaces.

Land to be built, idle factory areas, open corners and other places that are not used can be used to construct temporary public parking lots or temporary parking berths.

Article 13 The Municipal Natural Resources and Planning Department shall, in accordance with the needs of the economic, social and transportation development of this Municipality, formulate the parking space allocation standards for the city ’s buildings and construct parking lots, and make adjustments in accordance with procedures in due course.

The commercial and residential part of the mixed commercial and residential development project shall be provided with parking berths in accordance with the allocation and construction standards. The parking berths allocated and allocated by the Ministry of Commerce shall be relatively independent if conditions permit.

Article 14 New construction, reconstruction, and expansion of public buildings, commercial blocks, residential areas, large and medium-sized buildings, and other construction projects shall be completed in accordance with regulations to build parking lots. Insufficient parking spaces in a parking lot shall be rebuilt or expanded in a timely manner.

The supporting parking lot shall be designed, constructed, inspected and delivered synchronously with the main project.

Article 15 The construction of parking lots shall be submitted to the project for approval in accordance with the law and in accordance with the basic construction procedures.

Where a temporary parking lot is set up, the site shall be hardened, corresponding signs and marking lines shall be set up, and it shall comply with the relevant national, provincial and municipal standards.

Article 16 The construction of a parking lot shall meet the design requirements of the parking lot, supporting the construction of lighting, communication, drainage, exhaust, fire protection, video monitoring, parking guidance and other systems, and setting up parking spaces for the disabled, traffic safety and flood prevention facilities and equipment Set up or reserve charging devices for new energy vehicles.

New parking berths in the parking lot (including the parking berths allocated for the project) shall build charging facilities or reserve the installation conditions for charging facilities.

Article 17 Non-motor vehicle parking spots shall be appropriately reserved in public parking lots and special parking lots.

Section 2 Planning and Setting of Temporary Parking Berths on Roads

Article 18 The provision of temporary parking spaces on roads shall follow the principles of total volume control and moderate tightening to ensure orderly, safe and smooth road traffic.

Article 19 The Municipal Urban Management Law Enforcement Department, together with the Municipal Public Security Organs' Traffic Management Department, shall formulate a road temporary parking berth plan based on the city's road traffic conditions and in combination with actual conditions, and follow the following principles:

(1) It is conducive to the regulation of road traffic in the city and alleviates traffic congestion;

(2) Complying with regulations for road parking and road traffic safety management;

(3) Facilitate the temporary parking of motor vehicles.

The parking spaces on the sidewalks are planned by the municipal public security organ's traffic management department, and the sidewalk parking spaces are planned by the city's urban management law enforcement department.

According to management needs, the municipal urban management law enforcement department may, after obtaining the consent of the municipal natural resources and planning department, set up or rebuild public parking berths at an appropriate location within the red line of the building concession street.

Article 20 When constructing or rebuilding temporary parking spaces on roads, they shall comply with relevant regulations, technical requirements and standards, and shall comply with the following regulations:

(1) Does not affect the passage of pedestrians and vehicles;

(2) It shall not occupy fire protection passages, medical emergency passages and municipal infrastructures, and shall not hinder the normal use of fire protection facilities, medical emergency facilities and municipal infrastructures;

(3) Comply with the requirements for the total control of regional road parking.

Article 21 It is forbidden to set up road parking berths in the following sections and areas:

(1) Expressway and main road;

(2) Road sections with single-line traffic organization and a width of less than 6 meters, and road sections with double-line traffic organization and a width of less than 8 meters;

(3) Other areas or road sections jointly determined by the traffic management department of the municipal public security organ and the municipal administrative law enforcement department.

Article 22 Temporary parking spaces on roads and their ancillary facilities are public facilities for urban road traffic. No unit or individual may set up, alter, damage or remove them without authorization.

No unit or individual may set up obstacles to stop parking in the temporary parking spaces on the road without authorization.

Article 23 The municipal urban management law enforcement department shall, together with the municipal public security organ's traffic management department, conduct an annual assessment of the situation of temporary parking spaces on roads in the city, and increase or decrease the temporary parking spaces on roads in a timely manner in accordance with the urban development situation. The removal or adjustment of parking spaces on urban roads shall be announced to the public in a timely manner.

Article 24 Temporary parking spaces on roads shall be removed under any of the following circumstances:

(1) The traffic conditions on urban roads have changed, and parking on urban roads has affected the normal traffic of vehicles;

(2) The need to dismantle the construction of urban infrastructure or other public welfare projects;

(3) Other circumstances that should be removed in accordance with laws and regulations.

If it is decided to remove the temporary parking space on the road, the installer shall remove the temporary parking space on the road and related auxiliary facilities on its own.

Section 3 Construction and Installation of Temporary Parking Points for Non-motorized Vehicles

Article 25 The Municipal Urban Management Law Enforcement Department is responsible for setting up temporary parking spots for non-motorized vehicles and strengthening the daily management of temporary parking spots for non-motorized vehicles.

No unit or individual is allowed to occupy urban roads without permission to set up temporary parking spots for non-motorized vehicles.

Article 26 The temporary parking spots for non-motor vehicles shall meet the following requirements:

(1) Does not affect the orderly, safe and smooth road traffic;

(2) Not occupying urban main roads, evacuation passages, fire passages, barrier-free facilities passages and urban green spaces;

(3) The signs and markings are clear, eye-catching and standardized.

Chapter III Operations

Article 27: Public parking lots invested by the government, temporary parking spaces on newly constructed or rebuilt roads, the municipal people's government shall select entrusted operating entities through fair competition, and gradually implement parking fees.

The owner of a non-government-invested parking lot may operate, maintain and manage it by itself, or may entrust a parking lot operation and service unit to operate, maintain and manage it in accordance with law.

Where temporary parking lots set up on the roads and grounds shared by the owners are used for business, the owners shall decide on the management methods and business service units in accordance with the laws and regulations of the Property Rights Law of the People's Republic of China and the Regulations of Hubei Province on Property Services and Management.

Article 28 When carrying out parking operations in public parking lots, the operating service unit shall go through relevant procedures such as business license and taxation according to law.

Where a dedicated parking lot provides parking management services to the public, it shall go through relevant formalities in accordance with the provisions of the preceding paragraph and be included in the management of public parking lots.

In the event that a parking lot operation and service unit changes its registration items or is dissolved, it shall go through the relevant procedures for change and cancellation of registration with the municipal market supervision and administration, taxation and other departments in accordance with regulations.

Article 29 The municipal development and reform and market supervision and management department shall promptly report the basic information of the operating service units of parking lots and temporary parking spaces on the road to the municipal urban management law enforcement department.

Article 30 The operating service unit of a public parking lot and the management unit of a dedicated parking lot shall incorporate their parking information into this city's parking berth information system.

The information of the parking berth information system should be shared among various administrative departments to strengthen the use and safety management of parking lots.

Article 31 Parking charges are subject to different pricing methods according to different categories.

Temporary parking spaces on roads and public parking lots invested by the government are subject to government pricing. The parking charges for public parking lots invested and invested by social capital are market-adjusted. For public parking lots constructed in cooperation between the government and social capital, the fee standard shall be determined by agreement between the government funder and the social investor.

Charges for parking services in the real estate management area shall be implemented in accordance with the relevant provisions of the “Regulations on Real Estate Services and Management of Hubei Province”.

Article 32 For parking lots and temporary parking spaces on the government's pricing basis, operating service units shall collect parking service fees in accordance with the charging standards approved by the municipal development and reform department, and shall not raise prices without authorization.

Article 33 Vehicle parking service fee is waived under any of the following circumstances:

(1) Vehicles that enter the office building of the state organs, public institutions, social organizations, etc., and have internal parking lots to handle affairs;

(2) vehicles whose parking time is less than 60 minutes under government pricing management, and vehicles whose parking time is less than 30 minutes outside the government's pricing range;

(3) Military vehicles, police vehicles, fire engines, emergency vehicles, blood donation vehicles, ambulances, disaster rescue vehicles, postal vehicles, sanitation vehicles, municipal facilities maintenance and repair vehicles, funeral vehicles, etc. performing tasks;

(4) According to the provisions of laws and regulations, vehicles that are free of vehicle parking service fees, such as special vehicles necessary for disabled persons to carry.

(5) Vehicles parked in the prescribed free hours and places with the approval of the Municipal People's Government.

Article 34 The charging method of the parking service fee for a vehicle may be based on the parking conditions, the size of the vehicle, and the needs.

Article 35 Vehicle parking service fees may be paid in the form of pre-stored fees. Operators can charge vehicle parking service fees through radio frequency technology, mobile communication technology, and sale of parking value cards.

If a driver uses mobile communication technology to pre-store vehicle parking service fees, he shall start the payment process within 5 minutes after the motor vehicle enters the parking space to determine the planned parking time.

If the driver fails to start the payment procedure in accordance with the preceding paragraph, or if the planned parking time is exceeded when the pre-stored fee is exceeded, the operator of the parking lot or road temporary parking space shall inform the driver of the starting point of the parking time, the repayment standard, the repayment time limit and the law Consequences, etc. If the parking fee is not paid in accordance with the time for which the notice has been made, the operating unit shall have the right to recover it according to law.

Article 36 The vehicle parking service fee shall be calculated in the unit of charge time determined by the charge standard; if it is less than one unit of charge time, it shall be calculated in the unit of charge time.

If the driver's parking time is less than the planned parking time determined by the pre-stored fee by one billing time unit or more, the balance is returned to the driver.

If the driver's parking is not standardized, if two parking spaces are occupied or the vehicle is occupied by two parking spaces that are too long, the parking service fee will be calculated based on the actual number of parking spaces occupied.

Article 37 If the billing error is caused by a fault in the billing system, the operator shall return the overcharged fees after verifying the actual parking time.

If the driver has any objection to the calculation of the service fee for parking the vehicle, he may raise it with the operator of the parking lot or the temporary parking space on the road. The operator shall check and deal with it within 5 working days.

Chapter IV Management

Article 38 No unit or individual may arbitrarily use parking lots, temporary parking spaces on roads, temporary parking spots for non-motorized vehicles for other purposes or stop using them, and shall not reduce the number of parking spaces identified in the plan.

Article 39 Public parking lot operation and service units or special parking lot management units shall abide by the following regulations:

(1) Set up a uniform parking lot sign at a conspicuous location, indicating the name of the place, the number of parking spaces, and the telephone number for supervision. If it belongs to a business, indicate the charging standard;

(2) Formulating management systems for parked vehicles, safety and security, fire protection and flood prevention;

(3) keeping the environment of the parking lot clean and tidy;

(4) Maintain the order of vehicle parking and driving in the motor vehicle parking lot, and keep the markings clear.

Article 40 The operating units of public parking lots shall not engage in the following acts:

(1) Refusing to provide vehicle parking services without justifiable reasons;

(2) To store or allow others in the parking lot to store items unrelated to the parked vehicle, allow the vehicle parker or others to occupy the parking space to post advertisements or engage in business activities;

(3) Other acts prohibited by laws, regulations and rules.

Article 41 In a residential area, the ownership of parking spaces for motor vehicles planned by the owners and developers shall be agreed by the owners themselves, and shall first meet the parking needs of the owners in this area, and shall not change the nature of use without authorization.

If the existing parking lot in the residential area cannot meet the parking needs, without affecting the fire safety and road traffic, with the consent of the owner ’s autonomous organization, the owner ’s autonomous organization may delimit the parking lot shared by the owner in the vacant site and road in the residential area.

Article 42 Operators of temporary parking berths on roads shall number parking berths and build auxiliary facilities, implement dynamic management of parking berth information, and publicly publish the distribution positions, use conditions, and number of parking berths on urban roads in real time Relevant information is incorporated into this city's parking berth information system in real time.

Article 43 Operators of temporary parking spaces on roads shall abide by the following regulations:

(1) Obey the instructions of the traffic police and assist in the maintenance of parking order on the roadway;

(2) guiding motor vehicles to be parked in parking spaces;

(3) discouraging illegal parking behaviors in parking spaces, and reporting illegal vehicles that do not listen to dissuasion in a timely manner to the traffic management department of the municipal public security organ or the municipal urban management law enforcement department;

(4) No sentry box or toll gate shall be set;

(5) Publicizing the setting place, parking type, charging period, charging mode, charging standard, telephone number for supervision and complaint, etc. of the parking berth to the public to accept social supervision;

(6) Charge according to the price approved by the municipal development and reform department;

(7) Staff wear service licenses.

Article 44 No unit or individual may install obstacles such as ground piles and ground locks on parking spaces, temporary parking spaces on roads, and temporary parking spaces for non-motorized vehicles, or obstruct or affect parking spaces or parking spaces in other ways. Except for those required for routine maintenance of parking lots and urban municipal utilities.

Article 45 Anyone who temporarily occupies a temporary parking space on a road or a temporary parking site for a non-motor vehicle due to the construction of urban infrastructure or large-scale group activities shall report to the municipal administrative department of law for approval.

Article 46 The municipal emergency management department and its fire rescue agency shall instruct the parking lot operation and service unit to set up a fire fighting passage banned area and set up fire fighting passage signs.

For illegal occupation of fire truck passages and parking of fire truck ascending operation sites, the parking lot operation and service unit shall discourage and stop them, and those who do not listen to them shall promptly report to the local fire rescue agencies.

Article 47 Drivers shall abide by the following regulations:

(1) Accept the command and dispatch of the staff of parking lots and temporary parking berths to park vehicles in an orderly manner according to the berth traffic signs and markings; do not park over the markings; park vehicles in the order of markings

(2) Shut down the engine and lock the door after the motor vehicle is parked;

(3) It is not allowed to test and wash cars in parking spaces;

(4) shall not damage parking facilities and equipment;

(5) Do not park vehicles containing flammable, explosive, highly toxic, radioactive or polluted articles;

(6) Do not park vehicles that are likely to cause damage to roads and other facilities, such as excessive height, length, or weight;

(7) Pay parking fees in accordance with regulations;

(8) Those who need to leave the vehicle immediately due to special circumstances such as traffic control, on-site control, emergency handling, emergency rescue, etc., should leave immediately.

Article 48 Non-motorized vehicles shall be parked at prescribed temporary parking places for non-motorized vehicles, and shall not be parked at will and affect the city appearance and environment.

Article 49 The shared bicycle operating unit shall strengthen the parking management of its own shared bicycles, arrange personnel inspections, and promptly correct behaviors of random parking of shared bicycles that affect the city appearance and environment.

Encourage shared bicycle operating units to adopt advanced science and technology to regulate the parking order of shared bicycles.

Article 50 Units along the street shall strengthen self-discipline, parking motor vehicles and non-motor vehicles in a standardized and orderly manner, and shall not park at will. Where vehicles and non-motor vehicles are parked at will in the urban appearance and environmental sanitation responsibility zone of the unit, the units along the street shall dissuade them and guide the actor to park at the designated place; if they do not listen to the dissuasion, report to the municipal administrative law enforcement department in time.

Article 51 Staff members of public parking lots and temporary parking spaces on roads shall provide civilized service and collect fees in accordance with relevant regulations. Those who do not charge according to relevant regulations may refuse to pay parking fees.

Article 52 If a motor vehicle in a parking space is damaged or its property is lost, the motor vehicle owner may request compensation or report to the insurance company insured by the motor vehicle. The operator of the parking lot or road temporary parking space shall provide necessary information. assist.

If the parked vehicle or road temporary parking berth operator is damaged due to the reasons of the operator of the parking lot or road temporary parking berth, the operator of the parking lot or road temporary parking berth shall be liable for compensation according to law.

Drivers of motor vehicles who cause damage to road parking facilities or other vehicles due to their fault shall bear corresponding liability for compensation according to law.

Chapter V Supervision

Article 53 The municipal urban management law enforcement department shall strengthen parking lot management, establish and improve a supervision and inspection system, and regularly organize relevant departments to conduct supervision and inspection of parking lots.

Article 54 The municipal natural resources and planning department shall strengthen the supervision and inspection of the failure to build a parking lot in accordance with the plan or fail to meet the standards, and shall investigate and deal with it in accordance with law.

Article 55 The traffic management department of the municipal public security organ shall promptly investigate and punish illegal parking on urban roads.

The municipal urban administrative law enforcement department shall strengthen the management of sidewalk parking spaces and temporary parking spots for non-motorized vehicles, supervise and inspect the parking order of vehicles on sidewalks, and promptly investigate and punish those who share bicycles, motorized vehicles, and non-motorized vehicles who park their vehicles illegally. Behavior, urging shared bicycle operating units to fulfill management obligations.

Article 56 The management of parking lots shall establish an administrative law enforcement inspection and transfer system.

When the municipal public security organs' traffic management, natural resources and planning, urban management law enforcement, development and reform, and other related administrative departments discover illegal activities that are not within the scope of their own departments during inspections of parking lot management or administrative law enforcement activities, they shall be promptly transferred to the relevant units. The relevant administrative department receiving the transfer shall promptly investigate and punish illegal acts in accordance with the law.

Chapter VI Legal Liability

Article 57 Anyone who, in violation of the provisions of these Measures, causes damage to a parking lot, a temporary parking space on a road, a temporary parking place for non-motorized vehicles, and its ancillary facilities shall bear civil liability in accordance with law.

Article 58 Anyone who arbitrarily sets up a parking space on a sidewalk in violation of the provisions of Paragraph 2 of Article 19 of these Measures shall be punished by the traffic management department of the municipal public security organ in accordance with relevant regulations; The law enforcement department punishes according to law.

Article 59 Violations of the provisions of Articles 22 and 48 of these Measures shall be punished by the Municipal Urban Law Enforcement Department according to law.

Article 60 Staff of the relevant departments of parking lot management who violate the provisions of these Measures, neglect their duties, abuse their power, or engage in malpractices for personal gain, shall be punished accordingly by the unit or supervisory authority in accordance with the decision of the management authority; if a crime is constituted, criminal liability shall be investigated according to law ; If the parties cause losses, they shall be compensated according to law.

Chapter VII Supplementary Provisions

Article 61 A public parking lot refers to a place for the public to park vehicles in accordance with the plan for independent construction, supporting construction of buildings, and temporary occupation of land outside the road.

Dedicated parking lot refers to the place mainly used for parking vehicles in this unit, this residential area, etc.

Article 62 These Measures shall be implemented from the date of promulgation and shall be valid for 5 years.

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