Management Measures for Urban Parking Lots of Dezhou

Management Measures for Urban Parking Lots of Dezhou

(Announced in the Dezhou Municipal People's Government's Order No. 14 on December 15, 2023, implemented from February 1, 2024)

 

 

Chapter I General Provisions

 

Article 1 These measures are hereby formulated in accordance with laws and regulations such as the Road Traffic Safety Law of the People's Republic of China and the Urban and Rural Planning Law of the People's Republic of China combined with the realities of Dezhou to strengthen the planning and construction of urban parking lots, standardize the use and management of urban parking lots, and meet the reasonable parking needs of the people.

Article 2 These measures apply to the planning, construction, use, and management of urban parking lots within the administrative area of Dezhou.

The planning, construction, use, and management of parking lots for specialized vehicles such as buses, road passenger transport vehicles, road freight transport vehicles, and dangerous goods transport vehicles are not subject to these measures.

Article 3 The term "parking lots" as used in these measures refers to indoor or outdoor places for the parking of motor vehicles, including public parking lots, dedicated parking lots, and road parking spaces.

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.

Road parking spaces refer to places designated for temporary parking of motor vehicles on urban roads in accordance with the law.

Article 4 The planning, construction, use, and management of urban parking lots should follow the principles of government guidance, market operation, equal emphasis on construction and management, social co-governance, and efficiency and convenience. A smart parking system should be formed, with main supporting parking lots, and auxiliary public parking lots, supplemented by road parking spaces and supported by the Internet of Things, cloud computing, big data, etc.

Article 5 The municipal, county (city, district) people's governments should strengthen their leadership in the management of urban parking lots, improve the management and service system, establish a comprehensive coordination mechanism, study and solve major problems in the management of urban parking lots, and make overall arrangements for funds to ensure the management and service of urban parking lots.

Township people's governments and sub-district offices should assist county (city, district) people's governments and relevant administrative departments in managing parking lots within their jurisdiction, and guide residents' committees, villagers' committees, and owners' committees to conduct self-governance.

Article 6 As the competent department for the management of urban parking lots, the urban management department is responsible for the comprehensive coordination, supervision, and inspection of the management of urban parking lots, guiding the standardization and information construction of urban parking lots, and allocating parking spaces according to their respective responsibilities.

The development and reform department is responsible for formulating and improving parking lot fee standards, fee policy, etc. that implement government pricing and government guidance pricing.

The traffic management department of the public security organ is responsible for the allocation of urban road parking spaces and the management of parking orders according to their respective responsibilities.

The natural resource department is responsible for the planning of urban parking lots and the supervision and management of land use.

The housing and urban-rural development department is responsible for guiding the construction of public parking lots and dedicated parking lots for construction projects and urging property service enterprises to carry out daily management of parking lots within the property management area in accordance with the property contract.

The market regulatory authority is responsible for investigating and treating behaviors that do not execute government pricing and violate regulations on clear pricing in accordance with the law, as well as the safety supervision of mechanical three-dimensional parking facilities.

The finance, emergency response, civil defense, state-owned assets, big data, approval services, taxation, and government affairs guarantee departments are, in accordance with their respective responsibilities, responsible for carrying out the planning, construction, use, and management of urban parking lots.

Article 7 Encourage all types of market entities to invest and operate public parking lots according to the principle of whoever invests earns returns;

encourage and promote the construction of intensive public parking facilities such as parking buildings, underground parking lots, and mechanical three-dimensional parking facilities;

encourage parking lot operators to manage parking lots by intelligent and information-based methods.

Article 8 The municipal, county (city, district) people's governments should strengthen the construction of public transportation infrastructure, reasonably allocate and utilize various transportation resources, guide the public to take buses, and travel in a green and environmentally friendly manner to alleviate the pressure of motor vehicle parking;

encourage volunteer organizations and volunteers to maintain parking orders and advocate civilized parking, etc.

Chapter II Planning and Construction

Article 9 The urban management department should, in conjunction with the natural resource department, housing and urban-rural development department, public security traffic management department, etc., formulate special plans for urban parking lots based on national spatial planning and urban comprehensive traffic planning, and implement them after approval by the people's government at the corresponding level.

The special planning for urban parking lots should determine the overall development strategy of urban parking, combine the renovation of old cities with the construction of new cities, make overall planning for the above-ground and underground spaces, reasonably lay out parking lots, clarify control objectives and construction timing, closely connect parking lots with urban transportation hubs, large bus stations, etc., and abide by relevant regulations of urban parking planning standard.

The approved special planning for urban parking lots should not be changed without authorization. If it is necessary to make changes, it should be reported to the original approving authority for approval.

Article 10 The urban management department should, in accordance with the special planning for urban parking lots, jointly formulate an annual plan for the construction of public parking lots with departments such as natural resource, housing and urban-rural development, and traffic management of public security organ, and submit it to the people's government at the corresponding level for approval before implementation.

Article 11 The natural resource department should, in conjunction with the housing and urban-rural development department, urban management department, public security traffic management department, etc., formulate parking lot construction standards for residential buildings and different types of public buildings in accordance with relevant national and provincial regulations, based on national spatial planning, urban parking lot special planning, urban construction and economic and social development needs, and implement them after approval by the people's government at the corresponding level, and make dynamic adjustments.

Newly built, renovated, and expanded public buildings, commercial districts, residential areas, large and medium-sized buildings, etc. should be equipped with and added parking facilities according to the supporting standard for the parking facility, and put into use simultaneously with the main work. If there are insufficient parking spaces, they should be promptly renovated or expanded. The parking lots that have been put into use should not be disused or used for other purposes without authorization.

In urban transportation hubs, large bus stations, and other areas where self-driving vehicles can be transferred to buses, public parking lots should be planned and constructed to facilitate parking and transfer for drivers.

Article 12 Water supply and drainage, electrical, ventilation, fire protection, safety protection, traffic signs, and environmental protection facilities should be constructed in accordance with parking lot setting specifications and standards in the public parking lots and dedicated parking lots.

Newly built public parking lots and dedicated parking lots should be equipped with electric vehicle charging facilities or reserved construction and installation conditions in accordance with relevant standards and requirements. Existing parking lots are encouraged to be equipped with electric vehicle charging facilities through technological transformation.

Public parking lots and dedicated parking lots should be equipped with parking spaces and prominent signs for the disabled in accordance with the standards for the construction of accessibility facilities.

If civil air defense works are adopted to set up parking lots, relevant laws and regulations on civil air defense should be abided by.

Article 13 When reviewing the designing scheme for construction projects involving public parking lots and the construction, addition, or supplementation of parking lots for large and medium-sized public buildings, the natural resource department should solicit opinions from the urban management department and public security traffic management department at the same level.

Upon the completion of urban parking lots, planning verification should be carried out in accordance with the requirements of the construction project planning permit. Those that do not meet the planning and construction standards should not pass the planning verification.

Article 14 Encourage the lawful use of idle lands such as land to be constructed, vacant factory areas, and corner spaces to establish temporary parking lots.

The ground of temporary parking lots should be hardened, and corresponding signs and markings should be set, which should comply with relevant standards.

Temporary parking lots should not occupy municipal infrastructure such as fire truck passages and underground pipeline inspection wells, nor should hinder the normal use of municipal infrastructure such as fire protection facilities, or affect the progress of approved development projects.

Article 15 Except for equipment foundations, procedures for mechanical parking equipment that do not involve civil engineering projects may be simplified in accordance with relevant regulations.

Managers who set up mechanical three-dimensional parking equipment should register use with the market regulatory authority in accordance with the law, establish special equipment safety technical files, carry out regular maintenance and inspection, and undergo regular inspections.

Article 16 Parking spaces and garages planned for cars in residential areas should first meet the needs of owners and property users. Parking spaces and garages should be rented in accordance with relevant national and provincial regulations.

If the parking lots, parking spaces, and garages within the completed residential area cannot meet the parking needs of the residential area, the owners may jointly decide to use the owner's shared roads or other sites within the residential area to plan parking spaces in accordance with planning, fire fighting, safety, greening, and other regulations.

Article 17 Urban management department and traffic management department of public security organs should, based on their respective responsibilities, adhere to controlling the total number and appropriately reducing, scientifically set up road parking spaces, determine parking times, and timely evaluate and make corresponding adjustments to the setting of road parking spaces according to the setting standards and parking needs.

Parking spaces designated on urban roads should not affect the passage of pedestrians or vehicles, nor should they affect the use of other public facilities.

Article 18 In residential areas, commercial districts, tourist attractions, etc. with a prominent imbalance between parking supply and demand, if their surrounding roads meet temporary parking conditions such as holiday parking and nighttime parking, the traffic management department of the public security organ may set up temporary road parking spaces in conjunction with the urban management department.

Traffic signs and markings should be set for temporary road parking spaces, clearly indicating the parking periods, scope, etc. Those who park motor vehicles in temporary road parking spaces beyond the prescribed time should be handled by the traffic management department of the public security organ in accordance with the law.

Article 19 The traffic management department of the public security organ may, based on the road traffic conditions, set up temporary parking areas on both sides of the roads in areas where people gather, such as schools, kindergartens, medical institutions, commercial accumulation areas, public transportation hubs, and public service institutions, for motor vehicles to temporarily parking and getting on-off.

Article 20 Promote the free opening of dedicated parking lots for state organs to the public at night, on rest days, and statutory holidays;

encourage enterprises, public institutions, and residential areas to open their dedicated parking lots to the public at staggered times while ensuring safety and meeting their own parking needs.

Article 21 Encourage social forces to participate in the investment, construction, and operating management of urban parking lots in accordance with the law. The municipal, county (city, district) people's governments provide the following policy support:

(I) Newly built public parking lots are allowed to have a certain proportion of ancillary commercial facilities without changing the nature and use of the land or reducing parking spaces;

(II) If there is only one intended user after the announcement of a new independent and operational public parking lot, the land can be supplied through an agreement;

(III) Other supportive measures implemented in accordance with the law.

Chapter III Management and Use

Article 22 For public parking lots invested and constructed, and road parking spaces designated by the government, a certain proportion of free parking lots and road parking spaces should be determined to provide parking services for the public. According to the relevant regulations on the paid use of municipal public resources, operators of commercial public parking lots and toll road parking spaces should be determined through fair competition methods such as bidding and auction, and paid use should be implemented. The income from paid use should be turned over to the finance.

Article 23 The urban management department, together with the development and reform department, and traffic management department of the public security organ, should study and determine the parking space sections of toll roads based on the degree of road congestion, traffic conditions, etc., and announce them to the public. The parking spaces on toll roads should be managed by unified numbering.

If parking spaces on toll roads need to be occupied due to municipal engineering construction, they should be restored to their original state in a timely manner after the occupation is completed. Those who cause damage to road parking facilities should be compensated in accordance with the law.

Article 24 The parking service fees for motor vehicle parking lots with natural monopoly operation and public welfare characteristics, such as public parking lots, road parking spaces, urban transportation stations, sports and cultural venues, scenic spots, and medical institutions invested and constructed by the government, should be subject to government pricing and government guidance price.

Parking lots fully invested and constructed by social forces should be subject to market-adjusted price, with charging standards determined by the managers in accordance with pricing laws and regulations, based on market conditions.

The service fee standards for parking lots jointly constructed by the government and social forces should be determined by both parties through agreement, except for those that implement government pricing or government guidance price.

The parking fees for motor vehicles in residential areas should be implemented in accordance with relevant regulations.

Parking lots that implement government pricing and government guidance prices should reasonably determine the duration of free parking. Encourage parking lots that implement market-adjusted prices to provide free parking services for motor vehicles or set free parking duration.

Article 25 Public parking lot managers should comply with the following regulations:

(I) Set up parking lot signs and public notices at the entrance and exit, indicating the name of the parking lot, the property owner or the manager, the vehicle type, the number of parking spaces, and complaint and reporting phone number;

(II) Maintain the traffic signs and markings within the parking lot clear, accurate, and intact, keep the environment clean and tidy, keep facilities and equipment in good condition, and ensure a smooth road surface;

(III) Guide motor vehicles to enter and exit in an orderly manner and park in a standardized manner, maintain order within the parking lot, and assist in dispersing traffic at the exit and entrance;

(IV) Other provisions that should be followed as stipulated by laws, regulations, and rules.

Managers of commercial public parking lots should also comply with the following regulations:

(I) Set up signs in prominent locations of the parking lot, indicating the category, charging standard, and charging method of public parking lots;

(II) Collect parking service fees according to the public charging standard and charging method;

(III) Provide paper or electronic invoices uniformly supervised by the tax department.

Article 26 Motor vehicle drivers should comply with the following regulations when parking in public parking lots or dedicated parking lots that provide paid services to society:

(I) Comply with management regulations and obey the commands of the administrator;

(II) Pay parking fees according to regulations or agreements;

(III) Park according to the parking space mark, do not occupy public passages;

(IV) Non-electric vehicles are not allowed to occupy the dedicated parking space for electric vehicle charging without authorization;

(V) Other matters stipulated by laws, regulations, and rules.

Article 27 Motor vehicle drivers should comply with the following regulations when parking in road parking spaces:

(I) Park during permitted periods;

(II) Park in the direction indicated or in the forward direction, do not press or cross lines, nor do hinder the passage of other vehicles and pedestrians;

(III) Pay the usage fee for road parking spaces according to the standard;

(IV) If vehicles need to leave immediately due to traffic control, emergency response, emergency rescue, etc., the vehicles should leave according to the requirements;

(V) Other matters stipulated by laws, regulations, and rules.

Article 28 Any unit or individual should not engage in the following acts:

(I) Set up fixed or movable obstacles without authorization, such as piles, parking locks, stone piers, and traffic cones, on urban roads or other public places to hinder the parking of motor vehicles;

(II) Set up or remove road parking spaces without authorization;

(III) Occupy road parking spaces for business activities such as product promotion and stall without authorization;

(IV) Move, destroy, or dismantle parking fee facilities and equipment without authorization.

Chapter IV Supervision and Services

Article 29 The municipal urban management department, in conjunction with relevant departments, establishes a unified smart parking comprehensive service platform throughout the city, implements dynamic management of urban parking lots, and timely publishes information on the location distribution, number of parking spaces, parking periods, and charging standard of parking lots open to the public.

The county (city) urban management department is responsible for the construction, operation, and management of the smart parking comprehensive service platform within its administrative area, and accesses data to the city's smart parking comprehensive service platform.

Encourage public parking lots that provide paid services to society, dedicated parking lots open to society, and toll road parking spaces to gradually undergo information transformation, access to the local smart parking comprehensive service platform, and upload real-time and accurate data on parking space usage.

Article 30 Managers of public parking lots, dedicated parking lots, and toll road parking spaces that provide paid services to society should submit the following materials to the urban management department within ten working days before putting them into use:

(I) Basic information of the operator or manager, including name or title, ID card number or unified social credit code and contact information;

(II) List of parking facilities that meet regulatory requirements;

(III) Basic information about the parking lot, including location, area, parking space type, number of parking spaces, charging standard, etc.;

(IV) Business management system and contingency plan;

(V) Ownership materials for the use of the site.

In case of changes in the matters mentioned in the preceding paragraph, the manager should resubmit the relevant materials after the change within ten working days from the date of the change.

If the submitted materials are incomplete, the urban management department should tell the relevant materials that need to be supplemented in one go.

Article 31 The urban management department should, in conjunction with relevant departments such as natural resource and traffic management of public security organs, regularly organize evaluation of the planning, construction, and use management of parking lots, comprehensively grasp the situation of parking lots, and take corresponding measures to improve parking lot management.

Article 32 The urban management department should, in conjunction with relevant departments such as housing and urban-rural development, market regulation, and traffic management of public security organ, formulate parking management service specifications, establish collaborative management and law enforcement linkage mechanisms, organize joint inspections and standardized governance of parking lot management, and promptly investigate and handle illegal activities in accordance with the law.

If parking lot managers and motor vehicle drivers engage in illegal activities in the operation, management, and use of parking lots, and are deemed dishonest conduct according to law, they should be included in the credit information system for credit management in accordance with regulations.

Encourage parking lot managers to provide convenient services such as fee discounts, parking space reservations, and payment after passing for service objects who pay parking fees in a timely manner.

Article 33 The urban management department and relevant departments should establish and improve a complaint and reporting system for parking lot management.

Any unit or individual has the right to complain or report any behavior that violates the provisions of these measures.

Article 34 County (city, district) people's governments should establish and improve a diversified mediation and resolution mechanism for parking management disputes, and strengthen the governance of disputes at source.

In case of parking disputes, the parties may resolve through negotiation, apply for mediation, or file a lawsuit in accordance with the law.

Chapter V Legal Liability

Article 35 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.

According to relevant provisions on the power of relatively concentrated administrative punishment, if the punishment should be imposed by the comprehensive administrative law enforcement department, the provisions shall prevail.

Article 36 In case of violating the provisions of the first paragraph of Article 28 of these measures by setting up fixed or movable obstacles without authorization, such as piles, parking locks, stone piers, and traffic cones, on urban roads or other public places to hinder the parking of motor vehicles, the urban management department and the traffic management department of the public security organ should, in accordance with their respective responsibilities, require corrections within a specified time limit. Those who fail to make corrections within the prescribed time limit should be fined not less than 100 yuan but not more than 1,000 yuan.

Article 37 Those who violate the provisions of the second paragraph of Article 28 of these measures by setting up or removing road parking spaces without authorization should be ordered to rectify by the urban management department and the traffic management department of the public security organ in accordance with their respective responsibilities and may be fined 500 yuan.

Article 38 Departments and staff related to the planning, construction, and management of parking lots that violate the provisions of these measures, abuse their power, engage in favoritism and fraud, or neglect their duties, should be punished in accordance with the law. Those who commit crimes should be held criminally responsible in accordance with the law.

Chapter VI Supplementary Provisions

Article 39 These measures should come into effect on February 1, 2024.