Management Measures for Setting of Outdoor Advertising Facilities and Signboards in Dezhou City

Management Measures for Setting of Outdoor Advertising Facilities and Signboards in Dezhou City

(promulgated in the Dezhou Municipal People's Government's Order No. 15 on October 27, 2024, implemented from December 1, 2024)

 

Article 1 These measures are hereby formulated in accordance with the laws and regulations such as the Advertising Law of the People's Republic of China and the Regulations on the Administration of Urban Appearance and Environmental Sanitation to standardize the setting management of outdoor advertising facilities and signboards, make rational use of urban spatial resources, and maintain the urban appearance.

Article 2 These measures apply to the planning, setting, and management of outdoor advertising facilities and signboards in the urban built-up areas of Dezhou, as well as other areas designated and announced by the municipal and county (city, district) people's governments for urbanization management. Unless otherwise provided by laws, regulations, and rules regarding the setting and management of outdoor advertising facilities and signboards within the control zone of highway construction, rail track safety protection zone, and river management scope, the provisions shall prevail.

Article 3 The meanings of the following terms in these measures are as follows:

Public parking lots refer to places outside urban roads that provide motor vehicle parking services for the public, including independently constructed public parking lots and public parking lots built as public service facilities for construction projects.

Dedicated parking lots refer to places outside urban roads that mainly provide motor vehicle parking services for the units and residential areas, including dedicated parking lots built for construction projects and parking spaces designated within the building area.

(I) Outdoor advertising facilities refer to those that publish advertising information outdoors using light boxes, neon lights, electronic display devices, display boards, and physical modeling set up in buildings (structures), venues, facilities, transportation vehicles, etc., or in other forms;

(II) Large outdoor advertising facilities refer to those outdoors with a length of at least four meters on either side or a single-sided area of at least ten square meters;

(III) Signboards refer to the facilities such as plaques or signs set up on the external facade of buildings (structures) or within the scope of land use in offices, production, and business premises, indicating the name, font size, identification, etc.;

(IV) Technical specifications refer to the Project Code for Engineering of Urban Appearance and Environmental Sanitation (GB 55013-2021), etc.

Article 4 Outdoor advertising facilities and signboards should be moderate, safe, standardized, and beautiful, coordinated with the urban appearance and environment, and meet the requirements of energy conservation and ecological environmental protection.

Article 5 The municipal, county (city, district) people's governments should strengthen their leadership in the setting management of outdoor advertising facilities and signboards.

The township people's governments and sub-district offices are responsible for the setting management of outdoor advertising facilities and signboards within their jurisdiction.

Article 6 The urban management department is responsible for guiding, supervising, and managing the setting of outdoor advertising facilities and signboards.

The approval service department or other departments designated by the government (hereinafter collectively referred to as the licensing authority) are responsible for the administrative licensing of the setting of large-scale outdoor advertising.

The market regulatory authority is responsible for the supervision and management of outdoor advertising content.

The public security, finance, natural resource, emergency response, transportation, meteorology, and fire protection departments are responsible for the setting management related to outdoor advertising facilities and signboards according to their respective responsibilities.

Article 7 Encourage advertising industry associations to strengthen industry self-discipline and guide members to standardize the setting of outdoor advertising facilities and signboards;

encourage the advertising industry association to popularize the technical standards for the setting of outdoor advertising facilities and signboards to outdoor advertising facilities and signboard producers.

Article 8 Urban management departments should, in conjunction with natural resource and approval service departments, organize the preparation of outdoor advertising setting plans, after approval by the people's government at the corresponding level, implement the plans and publish them to the public on the government portal website for easy access. The plans for setting up outdoor advertising should specify the areas and locations where outdoor advertising facilities are allowed, restricted, or prohibited, and clarify the overall layout, control objectives, regional style, density, types, etc. of outdoor advertising facilities.

Article 9 Urban management departments may prepare detailed design schemes for outdoor advertising facilities (hereinafter referred to as design schemes) for important commercial districts, roads, and nodes based on the plans, and publish them to the public for easy access. The design scheme should specify the control requirements for the location, size, and form of outdoor advertising facilities.

Article 10 Prepare outdoor advertising setting plans and design schemes by demonstration meetings, symposiums, and hearings, and by widely soliciting opinions from relevant departments, advertising enterprises, industry associations, chambers of commerce, and the public. Solicit opinions from the public through government websites, government affairs new media, and newspapers, as well as in other forms that are easily accessible to the public, not less than 30 days.

Article 11 If the plans and design schemes for outdoor advertising are not published in accordance with regulations, they should not be used as a basis for administrative management. The plans and design scheme for setting up outdoor advertising approved for publishing and implementation should not be modified without authorization. If modification is necessary, it should be carried out according to the preparation procedure.

Article 12 In case of one of the following circumstances, it is prohibited to set up outdoor advertising facilities:

(I) Use traffic safety facilities and traffic signs;

(II) Affect the use of municipal public facilities, traffic safety facilities, traffic signs, fire protection facilities, and fire safety signs;

(III) Hinder production or people's lives, and damage the urban appearance;

(IV) Located in the architectural control zones such as state organs, culture relic protection sites, and scenic spots;

(V) Located at the top of buildings (structures) (including podiums), and other places that may endanger the safety of buildings (structures) and facilities;

(VI) Other circumstances stipulated by laws, regulations, and rules. Outdoor advertising facilities and signboards that may affect evacuation and fire fighting and rescue should not be set on doors and windows of assembly occupancies such as restaurants and shopping malls.

Article 13 The outdoor advertising facilities should be set in accordance with the following regulations:

(I) Comply with outdoor advertising setting plans, urban appearance standards, and technical specifications;

(II) Technical requirements of design, construction, installation, maintenance, and safety testing comply with relevant regulations and standards for work safety and safety management;

(III) Technology, materials, processes, etc. meet the requirements of energy conservation and environmental protection. Large-scale outdoor advertising facilities should be labeled with the advertising publishing unit and contact information, and set with the license number in the lower right corner.

Article 14 The signboards should be set in accordance with the following provisions:

(I) Comply with urban appearance standards and technical specifications;

(II) Do not endanger the safety of the signboard setting carrier;

(III) In principle, the signboards should be set according to the principle of "one shop, one signboard". However, if a shop has multiple frontage facades, one can be set for each frontage facade;

(IV) The signboards should be harmonious and consistent with the height, form, color, etc. of adjacent ones;

(V) Chain operation enterprises can adopt the design style and color tone of the same brand and should coordinate with the external facade design of the building, the cultural characteristics of the district, and the surrounding landscape. If multiple units or shops share the same building or site, the signboards of shops with two or more floors should be uniformly planned and standardized by the building owner or manager. Enterprises and individually owned businesses may use the names of their main products or services as their signboard content if necessary, but the content should not promote the products or services.

Article 15 The large-scale outdoor advertisements should be set after going through the licensing procedures in accordance with the law, with the following materials submitted to the licensing authority:

(I) Application form for setting;

(II) Business license or other documents that prove the legality and validity of the entity's qualifications;

(III) Design documents related to outdoor advertising facilities;

(IV) Commitment letter for construction and operation safety of outdoor advertising facilities;

(V) Materials owned by the advertising carrier or with the right to use obtained. When changing or extending the licensing for setting large-scale outdoor advertising, materials that have passed safety inspections should also be submitted. The licensing authority should streamline the materials submitted by the applicant through information sharing and may make optimization adjustments to the application materials that are beneficial to the administrative counterpart without affecting safe operation.

Article 16 Temporary outdoor advertising set for large-scale cultural, tourism, sports, public welfare activities or exhibitions, and trade fairs should meet the urban appearance standard. If administrative licensing procedures are required by law, an application should be made to the licensing authority.

Article 17 The licensing authority should make administrative licensing decisions within ten working days from the date of accepting the administrative licensing application. If a social promise to make administrative licensing decisions to the public is made, the administrative licensing decision should be made within the promised time. If there are other provisions in the Administrative Licensing Law of the People's Republic of China regarding the time required for matters not included in the licensing period, the provisions shall prevail. If a decision is made to grant administrative licensing, a license should be issued; if a decision is made not to grant administrative licensing, a written decision should be issued, explaining the reasons and informing the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 18 The administrative licensing for the setting of outdoor advertising on large-scale electronic display screens should be valid for no more than five years, while that of other large-scale outdoor advertising should be valid for no more than three years. If it is necessary to extend the validity period of administrative licensing, an application should be submitted to the licensing authority 30 days before the expiration of the administrative licensing. If the application for extension is not submitted or approved, the setting person should dismantle and restore the original state within 15 days from the expiration of the validity period. If large-scale outdoor advertising facilities need to be dismantled during the validity period of the administrative licensing due to adjustments to outdoor advertising setting plans, public infrastructure construction, or other public interests, the licensing authority may change or withdraw the administrative licensing that has already taken effect according to law. Relevant departments should notify the setting person in writing to dismantle within a specified time limit, and the setting person should cooperate. In case of property losses to the setting person, compensation should be made in accordance with the law.

Article 19 Urban management departments and approval service departments should strengthen the interaction between review and management, timely discuss important matters in approval and regulatory cooperation, improve information technology platforms, achieve information resource sharing, and provide technical consultation and services to society.

Article 20 Non-large-scale outdoor advertising facilities and signboards should be set in accordance with the outdoor advertising setting plans, technical specifications, and relevant laws and regulations, and shall accept guidance and post supervision and administration by the local urban management department.

Article 21 If outdoor advertising is promoted by captive balloons, unmanned free balloons, etc., the setting person should also handle administrative licensing procedures with the flight control department and meteorological department in accordance with the General Aviation Flight Control Regulations and the Measures for the Administration of Releasing Balloons. If outdoor advertising is promoted by using the vehicle body, the vehicle owner should also apply to the traffic management department of the public security organ for registration of color change of the vehicle body in accordance with the Implementation Regulations of the Road Traffic Safety Law of the People's Republic of China.

Article 22 The electronic display outdoor advertising facilities should be set in accordance with network security, urban lighting management requirements, and electronic display screen brightness control standards, and should be scientifically controlled in brightness and usage time, and should not violate regulations on light pollution, noise pollution, etc.

Article 23 If outdoor advertising facilities are set by using municipal public resources, the urban management department should, in conjunction with the approval service department, publicly transfer them through fair competition methods such as bidding and auction, and publish a certain number or proportion of public service advertising as conditions for transfer. The full amount of the transfer should be turned over to the local finance department.

Article 24 In the event of major natural disasters and major public health incidents, the person who sets outdoor electronic display devices should publish public service advertising with emergency, warning, or other related content in accordance with the requirements of municipal and county (city, district) people's governments.

Article 25 If outdoor advertising facilities are vacant, the setting person should temporarily set up public service advertising. Do not design, produce, or publish commercial outdoor advertising under the guise of public service outdoor advertising.

Article 26 Outdoor advertising and signboards should not violate public order and good custom, nor should contain vulgar or indecent content. The use of words, punctuation marks, numbers, measurement units, etc. thereof should comply with relevant national regulations. If place names are involved therein, standard place names should be used.

Article 27 The person who sets up outdoor advertising facilities and signboards should be responsible for the following safety management and daily maintenance:

(I) Conduct daily safety inspections, and promptly take safety precautions such as reinforcement or dismantling if safety hazards are discovered;

(II) Timely take safety precautions during early warning of disasters such as rainstorms (snow), gales, thunder and lightning, and hail;

(III) In case of damage, tilting, incompleteness, or reaching the design service life, timely repair, replace, or dismantle as required;

(IV) Outdoor advertising facilities should undergo annual safety detection in accordance with relevant technical standards;

(V) Other safety management and daily maintenance responsibilities stipulated by laws, regulations, and rules. If the original business premises are not used, the setting person should remove the signboards and restore the original appearance of the attached buildings (structures).

Article 28 For acts that violate the provisions of these measures, if there are provisions on legal liability in laws, regulations, and rules, they should be followed.

Article 29 If relevant departments, units, and their staff neglect their duties, abuse their power, or engage in favoritism and fraud in the setting management of outdoor advertising facilities and signboards, directly responsible supervisors and other directly responsible personnel should be punished in accordance with the law; and those who commit crimes should be held criminally responsible in accordance with the law.

Article 30 These measures should come into effect on December 1, 2024.