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Administrative Measures of Hefei Motor Vehicle Parking Lot (Government Decree No. 191)

Source: Release time: 2018-12-06 17:43:07 Traffic:

2017 2 26 市人民政府第 82 次常务会议审议通过,现予公布,自 2017 5 1 日起 施行。 The “Administrative Measures for the Parking of Motor Vehicles in Hefei City” has been deliberated and approved at the 82nd Executive Meeting of the Municipal People's Government on February 26 , 2017 , and is hereby promulgated for implementation from May 1 , 2017 .

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3 23 March 23 , 2017

                             

Measures for the Administration of Motor Vehicle Parking Lots in Hefei

Chapter One total then

First In order to strengthen the management of motor vehicle parking lots, regulate parking order, and improve traffic conditions, according to the relevant laws and regulations such as the "Law of the People's Republic of China on Urban and Rural Planning", "The Law of the People's Republic of China on Road Traffic Safety", "Regulations on Hefei City Management" Based on the actual conditions of this city, this method is formulated.

Article 2 These Measures shall apply to the planning, construction, use, and supervision and management activities of motor vehicle parking lots within the urban area of this Municipality.

Article 3 The motor vehicle parking lots (hereinafter referred to as parking lots) referred to in these Measures refer to indoor or outdoor places for motor vehicles except for passenger and freight stations, including auxiliary parking lots, public parking lots, and on-street parking spaces.

The allocated parking lot refers to a place for motor vehicles to be built in accordance with the standard for parking spaces of buildings.

Public parking lot refers to the open space for motor vehicles, which is independently constructed outside the red line of the road.

On-street parking spaces refer to places open to the public for parking of motor vehicles, which are set up within the road's red line according to law.

Article 4 The management of parking lots follows the principles of government guidance, multi-party participation, demand adjustment, efficient management, and convenience to the masses, and gradually promotes parking industrialization, alleviates parking conflicts, and improves urban traffic order.

The fifth The Municipal People's Government leads the city's parking lot management work in a unified manner, coordinates and formulates policies and measures, and studies and resolves major issues in parking lot management. The Municipal Urban Management Committee is responsible for organizing, guiding, coordinating, supervising and evaluating the management of parking lots.

The district people's government (including the development zone management agency, the same below) assumes territorial management responsibility for parking lot management, is responsible for the planning, construction, use and supervision of parking lots in the area, and studies and formulates special plans for areas with prominent parking problems. And organize implementation.

Sub-district offices and township people's governments should do a good job of parking lot management in their area in accordance with relevant regulations and requirements.

Article 6 The city management department is the administrative department in charge of parking lot management. It is responsible for the guidance, service, supervision and management, and investigation and punishment of illegal acts according to law.

The competent planning department is responsible for the management of parking lot planning.

Urban and rural construction authorities are responsible for the management of parking lot construction.

The traffic management department of the public security organ is responsible for the management of the setting of on-street parking spaces and the investigation of related illegal acts, and participates in the planning and construction of parking lots.

The departments of development and reform, land and resources, finance, supervision and management of state-owned assets, real estate, land reserve, price, industry and commerce, and taxation shall do a good job in the management of parking lots in accordance with their respective duties.

Article 7 Encourage the establishment of parking industry associations.

The parking industry association should strengthen industry self-discipline, participate in research and formulate industry service standards and specifications, carry out service quality training and evaluation, and assist relevant departments to do a good job of parking lot management.

eighth Units and individuals shall abide by the regulations for parking lot management and have the right to discourage and report complaints against violations of the management of parking lots.

The municipal city administrative department shall establish a complaint reporting and handling mechanism to handle complaints and reports in violation of the management of parking lots in a timely manner.

Chapter two Planning and construction

Section One Public parking lot and auxiliary parking lot

Article 9 The municipal planning department shall, in accordance with the overall urban planning and overall land use planning, work with the municipal administration, urban and rural construction, public security, transportation, land and resources departments and the district people ’s government to formulate a special parking lot plan, which shall be implemented after approval by the municipal people ’s government.

The relevant requirements in the approved special parking lot planning shall be incorporated into the detailed control plan as the basis for parking lot construction and management.

Article 10 The special parking lot planning should determine the overall development strategy of the city parking lot, the parking lot supply system and guiding policies, coordinate the resources and layout of the above-ground and underground space, clarify the construction sequence, and closely link the parking lot with the urban transportation hub and urban rail transit interchange station.

Article 11 The planning and construction of parking lots should be supplemented by parking lots, supplemented by public parking lots, supplemented by on-street parking spaces, adequately meeting basic parking, strictly controlling parking for travel, comprehensively considering regional parking needs, and scientifically balancing dynamic and static traffic development. , Reasonably determine the size of the parking lot.

Article 12 The municipal competent department of urban and rural construction shall, in accordance with the special parking lot planning, work with the municipal urban management, development reform, planning, land and resources, finance and other departments to prepare an annual public parking lot construction plan, which shall be implemented after being submitted to the Municipal People ’s Government for approval.

The construction of public parking lots shall follow the principles of reasonable layout and economical use of land, and make full use of underground spaces such as urban roads, squares, school playgrounds, park green spaces and other public facilities to construct public parking lots.

Article 13 In urban transportation hubs, urban rail transit interchange stations, large bus stations, and other places where self-driving vehicles and public transportation can be interchanged, public parking lots should be planned and constructed simultaneously to achieve simultaneous design, simultaneous construction, simultaneous acceptance, and simultaneous delivery. It is convenient for drivers to stop and transfer.

Article 14 在储备土地中确定一定数量的用地,专项用于引进社会力量投资建设公共停车场。 The municipal land reserve agency shall, in accordance with the special parking lot planning, determine a certain amount of land in the reserved land, which is specifically used to attract social forces to invest in the construction of public parking lots. A certain proportion of the vacated land, such as the relocation of functions in the central urban area, should be planned and reserved for the construction of public parking lots.

Article 15 Encourage social forces to develop all types of parking resources, and invest in intensive public parking lots such as ground parking lots, self-propelled parking garages above ground, and intelligent three-dimensional parking facilities. The government provides policy support for public parking lots invested and constructed by social forces. Specific policies are formulated by the municipal planning department in conjunction with the city's urban management, development and reform, land and resources, urban and rural construction, and finance departments.

Article 16 Public parking lot construction projects are jointly issued by the city's urban and rural construction, planning, and land and resources authorities, incorporated into the city's large construction project construction plan, and the relevant regulations for the approval and management of large construction projects are implemented.

Article 17 The design scheme of the parking lot shall meet the relevant setting standards and design specifications, and the design scheme shall be solicited from the traffic management department of the municipal public security organ.

Article 18 For new (reconstruction, expansion) construction projects, parking lots shall be allocated in accordance with parking space allocation standards and design specifications. The allocated parking lot shall be synchronized with the main project design, construction, acceptance and delivery.

After the completion of the construction project, the municipal planning department shall verify and verify the construction of the parking lot according to the planning and design conditions and the allocation standards; where the parking lot does not meet the allocation standards and relevant construction requirements, it shall not be verified through planning.

Article 19 The public parking lot invested and constructed by the government shall be transferred by the construction unit to the unit designated by the state-owned assets supervision and management department after passing the inspection and acceptance by the relevant departments. Where there are other provisions in laws and regulations regarding the use of civil air defense engineering in underground parking lots, such provisions shall prevail.

Article 20 The municipal planning department shall regularly evaluate the standards for parking spaces allocated to buildings in accordance with the development of urban traffic and changes in parking demand, and adjust the standards for parking spaces in a timely manner based on the evaluation results.

Article 21 The parking lot shall be equipped with electric vehicle charging facilities in accordance with relevant regulations and setting specifications.

Article 22 人行道红线外至合法建筑物之间开放式场地 设置临时公共停车场。 In areas where parking needs cannot be met, the district people's government may organize relevant land-use right holders to set up temporary public parking lots in accordance with the law by using open land between the land to be built, their own-use sites, open corners or sidewalks to the legal buildings .

Temporary public parking lots shall be set up for site hardening, shall not hinder the normal use of fire-fighting facilities and municipal infrastructure, and shall not affect the smooth flow of road traffic.

Article 23 If the parking lot allocated in the residential area cannot meet the parking needs of the owner, the owner's shared space can be used in a unified manner, and temporary public parking lots can be set up in accordance with the following regulations.

(1) In the residential area where the owner's meeting has been established, the owner's meeting or the owner's committee authorized by the owner's meeting shall formulate a parking lot setting plan and organize its implementation;

(2) If the property owner management has not yet been established and the property management has been implemented, it shall be set up by the preliminary property service enterprise after soliciting opinions from the owner according to the temporary management agreement;

(3) If the owners' assembly has not been established and property management has not been implemented, it shall be set up by the community residents committee after soliciting opinions from the owners.

公安机关消防机构 、公安机关交通管理等部门应当加强对居住区设置临时公共停车场的指导。 Departments such as city management, planning, real estate, fire protection agencies of public security organs, and traffic management of public security organs should strengthen guidance on setting up temporary public parking lots in residential areas.

Second quarter On-street parking

Article 24 On-street parking spaces shall be set up by the traffic management department of the municipal public security organ together with relevant departments.

When setting up on-street parking spaces, parking regulations and the time limit for continuous parking of vehicles shall be clearly stated, and motor vehicle drivers shall park vehicles in accordance with regulations.

Article 25 The traffic management department of the municipal public security organ shall, in conjunction with relevant departments, prepare a plan for setting parking spaces on the road in accordance with the overall urban planning and the special planning for urban road traffic, and apply it to the Municipal People's Government for approval. The following principles should be followed when formulating the on-street parking space setting plan:

(1) Comply with the requirements for the total control of regional road parking;

(2) Adapt to the supply and demand of regional parking resources, road traffic conditions and carrying capacity;

(3) Differentiating parking needs in different areas and at different times.

The plan shall be publicly solicited from the public.

Article 26 No on-street parking spaces are allowed on the following sections:

(1) Urban trunk roads, expressways, bridges, tunnels, their connecting lines, and ramp surfaces;

(2) Sections within 30 meters of road intersections, school and hospital entrances and exits, fire stations, public transportation stations, first aid stations, and gas stations;

(3) Evacuation passages, fire protection passages, blind passages and barrier-free facilities passages around large public buildings;

(4) Sections within 200 meters of the public parking lot;

(5) Other unsuitable road sections.

Article 27 The traffic management department of the municipal public security organ shall regularly evaluate the setting of on-street parking spaces; after evaluation, if one of the following situations occurs, the on-street parking spaces shall be removed in time:

(1) Changes in road traffic conditions have affected the passage of vehicles and pedestrians;

(2) The public parking lot around the road can meet the parking needs.

The removal of on-street parking spaces shall be announced to the public seven days in advance.

Article 28 Due to an emergency or a large-scale event, the traffic management department of the municipal public security organ may determine a temporary parking area within the road range or temporarily adjust the original on-street parking space, and notify it with a prominent sign.

Article 29 In residential areas where parking needs are conflicting, and the surrounding roads have nighttime parking conditions, the residential area property service company, the owners 'committee, or the community residents' committee may submit an application for temporary parking at night, with the consent of the municipal public security organ's traffic management department and city management department Then, set up on-street parking spaces, and clearly indicate parking time, charging standards, and handling of parking violations.

third chapter Management

Article 30 谁投资、谁经营、谁管理、谁受益 的原则,坚持市场化运作,促进停车产业发展。 Parking lot management follows the principle of " who invests, who runs, who manages, and who benefits " , adheres to market-oriented operations, and promotes the development of the parking industry.

Article 31 The operation mode of the parking lot is determined according to the following principles:

(1) Public parking lots invested and constructed by the government may be franchised, and through professional bidding, competitive negotiation, etc., a professional parking lot management entity shall be selected and a franchise agreement shall be signed;

(2) For public parking lots and allocated parking lots invested and constructed by the society, the property owner may manage and manage the parking lot by himself or entrust a professional parking lot management unit;

(3) The operation and management of on-street parking spaces shall be determined by the Municipal People ’s Government in accordance with relevant regulations, and its income shall be mainly used for parking lot construction and management.

Article 32   Where a parking lot provides parking services to the community and collects fees, the business manager shall go through industrial and commercial, tax registration and charging procedures in accordance with the law.

The managers of the public parking lot and the allocated parking lot shall, within 15 days after obtaining the business license, carry out the filing procedures with the district city management department with the following materials.

(1) Basic information of business managers;

(2) Proof materials for land use rights;

(3) Plan of traffic organization and floor plan of parking lot;

(4) Certificate of completion of the parking lot acceptance and fire inspection acceptance certificate;

(5) Number of open berths, open service hours, charging methods and standards, service and complaint telephones, etc .;

(6) Parking lot management system.

If the temporary public parking lot manager applies for the record, in addition to the materials specified in items (1), (2), (3), (5), and (6) of the preceding paragraph, a written statement issued by the fire protection agency of the public security organ shall be provided. opinion.

If there is a change in the record items, the record shall be supplemented within ten days from the date of change.

Article 33 The parking service charges are classified and managed.

(1) On-street parking spaces and government-invested public parking lots shall be charged at government-guided prices;

(2) The parking service charges for parking lots constructed by the government and social capital shall follow the market rules and the principle of reasonable profit, and the charging standards shall be negotiated and determined by the partners;

(3) The market-adjusted price of parking services for public parking lots invested in by social capital and the construction of open parking lots available to the public shall be adjusted at market prices;

(IV) The parking service charges for parking lots in residential areas shall be implemented in accordance with the national, provincial and municipal property charging policies.

Article 34 The city's competent pricing department should scientifically and rationally improve the pricing system of parking services based on factors such as regional location, the supply and demand of parking resources, and operating costs, and follow the principles of on-street parking in the same area over off-street parking and congestion periods over free periods Determine differentiated parking service charges. For public transport transfer parking services, low fees should be implemented.

Article 35 Under the conditions of self-use, the parking lots allocated by government agencies and institutions should be open to the outside during non-working hours, and parking should be implemented at the wrong time.

The district people's government should strengthen the guidance of parking when right and wrong, formulate specific implementation measures, and realize open sharing of regional parking resources.

The municipal administrative department of the city shall regularly organize a general survey of parking resources, establish a coordination mechanism for parking resource sharing and utilization, and guide and supervise the development of parking at the wrong time.

Article 36 When the public parking lot cannot meet the parking demand due to emergency situations or large-scale activities, other allocated parking lots shall be opened to the society in accordance with the requirements of the municipal public security organs' traffic management department or city management department.

Article 37 No unit or individual may change the use of the parking lot without authorization, or divert the parking lot to other uses. If it has been changed or misappropriated, it should be restored by itself; if it has not been restored, the people's government of the district in which it is located shall organize the relevant departments to clean up and restore within a time limit.

If it is really necessary to change the use of the parking lot due to the modification or adjustment of the plan, the municipal planning authority shall seek the opinion of the municipal urban administrative department for approval.

Article 38 The parking lot manager shall perform the following duties:

(1) Set up a uniform parking lot sign at a prominent position at the entrance and exit of the parking lot, and a clear price tag publicly supervised by the competent price department, publicizing the name of the business manager, business license, parking service content, charging standards and telephone number for supervision;

(2) Ensure that the parking signs and markings are clear and complete, and that facilities such as lighting, drainage, ventilation, fire protection, and information management systems are operating normally;

(3) staff members wear uniform signs and are responsible for directing the orderly entry and exit of vehicles and parking;

(4) Regularly inspect the vehicles on the site, and find long-term parked or suspicious vehicles, and report to the public security organs in time;

(5) Collecting fees in accordance with approved or agreed standards and using unified tax invoices;

(6) Maintaining the order of parking of vehicles on the site and assisting in channeling traffic at the entrance and exit of the parking lot;

(7) supporting the construction of intelligent parking facilities such as automatic road gates, parking space monitoring, parking guidance, etc. in accordance with relevant regulations and standards;

(8) Other duties stipulated by laws and regulations.

Article 39 Drivers of motor vehicles shall observe the following regulations when parking their vehicles:

(1) Obeying the regulations for parking lot management and orderly parking at designated parking berths or permitted places;

(2) Parking at a prescribed time and paying parking service fees;

爆炸物品、易燃易爆化学物品以及剧毒、放射性等危险物品的车辆 驶入停车场。 (3) Car safety precautions must be taken. Vehicles containing explosives, flammable and explosive chemicals, and highly toxic and radioactive dangerous materials must not be driven into the parking lot.

Article 40 No unit or individual may:

(1) Setting up and removing parking lots and on-street parking spaces without authorization;

(2) painting, depicting or posting hanging advertisements, signs, and slogans on the parking facility toll system equipment;

(3) Car washing, decoration, repair, merchandise promotion and other activities in the parking lot in violation of regulations;

(4) damage to parking equipment and facilities;

擅自在道路上和其他公共区域内以及在未取得所有权的停车位上设置地桩、地锁等障碍物阻碍机动车停放和通行。 (5) Unauthorized installation of obstacles such as ground stakes and ground locks on roads and other public areas, as well as on parking spaces without ownership, to hinder the parking and passage of motor vehicles.

Chapter Four Supervision and management

Article 41 The municipal administrative department of the city shall study and formulate the parking service operation specifications and strengthen the supervision of parking lot operations.

Article 42 The city's urban management department shall work with the city's state-owned assets supervision and management, public security, information management and other departments to organize the construction of the city's unified parking information management and service system, implement dynamic management of parking lot information, and publicly announce the distribution of parking lots open to the public in real time Location, usage, number of berths, etc.

The district people's government shall, based on the municipal parking information management and service system, construct a regional parking induction subsystem and be responsible for operation, maintenance and management.

Where parking lots are open to the public, the relevant parking data should be truthfully connected to the regional parking induction subsystem.

Article 43 Departments of urban management, urban and rural construction, planning, pricing, and traffic management of public security organs should strengthen supervision and management of parking lot planning, construction, and use, establish a joint law enforcement and case transfer system, and timely discover and investigate and deal with illegal acts in accordance with their duties.

Article 44 The municipal administrative department of the city shall conduct a quality and credit assessment of the parking lot operation services that are open to the public, and the results of the assessment shall be announced to the public.

Article 45 The municipal urban and rural construction department shall, in conjunction with the planning, real estate, urban management and other departments, regularly supervise and supervise and evaluate the construction of public parking lots and auxiliary parking lots, and shall report the supervision and evaluation to the municipal urban management department.

The municipal city management department shall strengthen the guidance, coordination, supervision and assessment of parking lot management, and report the situation to the municipal city management committee on a regular basis.

Article 46 The municipal administrative department of the city shall strengthen the integrity management of parking management units and parking people in accordance with the law, establish credit files, and gradually improve the credit linkage incentives and punishment mechanism.

chapter Five legal liability

Article 47 Anyone who stops in violation of the second paragraph of Article 24 of these Measures shall be ordered to make a correction by the traffic management department of the public security organ and a fine of less than 200 yuan shall be imposed.

Article 48 In case of violation of Article 32 of these Measures and failing to go through the filing formalities in accordance with the regulations, the city management department shall order correction and may impose a fine of not less than 5,000 yuan but not more than 10,000 yuan.

Article 49 In violation of Article 37 of these measures, unauthorized changes in the use of parking lots shall be ordered by the city management department to be corrected and punished according to law; unauthorized use of parking lots for other purposes shall be ordered by the city management department to be corrected, and may be imposed concurrently A fine ranging from 1,000 yuan to 30,000 yuan.

Article 50 In violation of Article 40 of these measures, unauthorized installation of on-street parking spaces shall be ordered to correct by the traffic management department of the public security organ, and a fine of 500 yuan shall be imposed on each parking space in accordance with the number of unauthorized parking spaces.

Article 51 ;拒不改正的,处以 五千元以上一万元以下罚款。 In violation of the third paragraph of Article 42 of these measures, if the parking lot manager fails to truthfully connect the relevant parking data to the parking induction subsystem in the area, the city management department shall order it to make corrections ; if he fails to make corrections, he shall be punished with more than 5,000 yuan A fine below 10,000 yuan.

Article 52 In violation of the relevant provisions of these Measures, overtime parking on roads or the installation of obstacles such as ground piles and ground locks without authorization is a situation stipulated in Article 52 of the Administrative Compulsory Law of the People's Republic of China, the city management and public security organs traffic management departments It may be decided in accordance with the law to immediately implement the agent performance, and the costs of the agent performance shall be borne by the parties.

Article 53 For acts that violate the provisions of these Measures, if there are provisions in laws and regulations, those provisions shall prevail.

Article 54 Staff of the relevant departments of parking lot planning, construction, and management who violate the provisions of these Measures, abuse their powers, engage in malpractices for personal gain, or neglect their duties, shall be given administrative sanctions according to law; suspected crimes shall be transferred to judicial authorities for criminal responsibility.

Chapter Six Attach then

Article 55 根据本办法规定,结合本地实际,制定本地区的停车场管理办法。 Feidong County, Feixi County, Changfeng County, Lujiang County, and Chaohu City shall, in accordance with the provisions of these Measures, develop local parking lot management measures in accordance with local conditions.

Article 56 2017 5 1 日起 施行。 These measures will be implemented as of May 1 , 2017 . 12 25 市人民政府发布的《合肥市机动车停车场管理办法》(市人民政府令第 150 号)同时废止。 The Measures for the Administration of Motor Vehicle Parking Lots issued by the Municipal People's Government on December 25 , 2009 (The Municipal People's Government Order No. 150 ) shall be repealed simultaneously.

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