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遵义市人民政府令5号(2018年) 主题分类 其他 Title Zunyi Municipal Government Order No. 5 (2018) Theme Category Other
市政府办公室 生成日期 2018-10-19 00:00:00 Issued by the city government office 2018-10-19 00:00:00
00950022-0/2018-03561 是否有效 Is index number 00950022-0 / 2018-03561 valid?
2018年第5号 关键字 Symbol No. 5 of 2018
长期公开 公开方式 主动公开 Public time limit

Order No. 5 of the People's Government of Zunyi City (2018)

遵义市停车场管理办法 》已经2018817日遵义市第五届人民政府第31次常务会议审议通过,现予公布,自20181118日起施行。 The " Zunyi City Parking Lot Management Measures " has been deliberated and approved by the 31st Executive Meeting of the Fifth People's Government of Zunyi City on August 17 , 2018 , and is now promulgated for implementation on November 18 , 2018 .

                                                                            Mayor: Wei Shuwang

1018 October 18 , 2018

Management Measures of Zunyi City Parking Lots

Chapter I General Provisions

为加强本市停车场的规划、建设和管理,规范停车秩序,改善交通状况,引导绿色出行,根据《中华人民共和国道路交通安全法》《中华人民共和国城乡规划法》等有关法律、法规的规定,结合本市实际,制定本办法。 Article 1 In order to strengthen the planning, construction and management of parking lots in this city, regulate parking order, improve traffic conditions, and guide green travel, in accordance with relevant laws such as the “Road Traffic Safety Law of the People ’s Republic of China”, The provisions of the laws and regulations are formulated in accordance with the actual conditions of this Municipality.

在本市行政区内进行停车场规划、建设和管理活动,适用本办法。 Article 2 These Measures shall apply to parking lot planning, construction and management activities within the administrative area of this Municipality.

本办法所称的停车场是指为机动车提供停放的场所,包括公共停车场、建筑物配建停车场、临时停车场和道路停车泊位。 Article 3 The parking lots referred to in these measures refer to the places where motor vehicles are parked, including public parking lots, building construction parking lots, temporary parking lots, and road parking spaces.

(1) Public parking lot means a place for motor vehicles parked for the public service, which is specially constructed;

(2) The parking lot for building construction refers to the place provided by the construction unit to provide parking services for users of the building or the public in accordance with the building construction standards;

(3) Temporary parking lot means a place where temporary parking is made by using vacant land ;

(4) Road parking berths refer to places set up by the public security traffic management department in accordance with the law and stipulating a certain period of use to occupy roads where motor vehicles are parked.

停车场管理应当遵循统筹规划、科学建设、有效利用、严格管理的原则。 Article 4 The management of parking lots shall follow the principles of overall planning, scientific construction, effective use, and strict management.

市、县(区、市)人民政府(管委会)对本行政区域内机动车停车场和道路停车泊位实施属地管理,督促相关管理部门加强停车场管理。 Article 5 The municipal, county (district, city) people's government (Administrative Committee) implements territorial management of motor vehicle parking lots and road parking spaces within its administrative area, and urges relevant management departments to strengthen parking lot management.

The municipal administration department is the department in charge of parking lot management. It is responsible for the overall coordination, supervision and inspection, and daily management of parking lots in its area.

The urban and rural planning management department is responsible for the parking lot planning and its implementation supervision.

The housing and urban-rural construction management department is responsible for the supervision and management of parking lot construction quality and building safety, and guides and supervises property service companies to do a good job in the management and maintenance of residential parking lots.

The public security traffic management department is responsible for the setting of road parking berths and the management of parking order.

The tourism administrative department is responsible for the supervision and management of parking areas in tourist attractions (spots).

The development and reform department is responsible for the policy formulation and supervision of parking lot charging.

The departments of land, fire, civil air defense, market supervision, finance, and taxation shall do a good job in the management of parking lots within the scope of their respective duties.

鼓励社会多元化投资建设公共停车场,鼓励建设立体式停车场和利用地下空间建设停车场;鼓励和推广应用智能化、信息化手段管理停车场。 Article 6 Encourage diversified investment in the construction of public parking lots, encourage the construction of three-dimensional parking lots and use underground space to construct parking lots; encourage and promote the application of intelligent and information-based means to manage parking lots.

Chapter 2 Planning and Construction of Parking Lots

城乡规划管理部门编制的城市总体规划、控制性详细规划和城市综合交通体系规划应当包含停车场专项规划,并按程序报经批准后组织实施。 Article 7 The overall urban planning, regulatory detailed planning and urban comprehensive transportation system planning prepared by the urban and rural planning management department shall include the special parking lot planning, and shall be organized and implemented after being reported to the program for approval.

城乡规划确定的停车场用地不得改作他用,建设工程配建的停车设施不得随意改变用途。 Article 8 The parking lot land determined by the urban and rural planning shall not be used for other purposes, and the parking facilities allocated to the construction project shall not be used at will.

建设单位在报审停车场设计方案前,应当依法开展交通影响评价。 Article 9 The construction unit shall carry out a traffic impact assessment in accordance with the law before submitting a review of the design of the parking lot.

公共停车场、建筑物配建停车场的设计方案,应当符合国家、省停车场设置的技术规范和标准。 Article 10 The design schemes for public parking lots and building parking lots shall conform to the technical specifications and standards for the setting of national and provincial parking lots.

建设工程停车设施与主体工程同步配建、改建、扩建的,应当同时设计、同时施工、同时验收、同时投入使用。 Article 11 Where the parking facilities of a construction project are concurrently constructed, rebuilt, or expanded with the main project, they shall be designed, constructed, inspected, and put into use simultaneously. The construction unit shall report to the housing and urban and rural construction, public security traffic management, municipal management, fire protection, civil air defense, and land and other departments for acceptance; those that do not meet the technical specifications and standards for parking lot settings shall not be delivered for use.

在停车状况紧张的区域和公共交通、轨道交通与自用车辆换乘的地段,应当配套建设公共停车场。 Article 12 Public parking lots shall be constructed in areas where parking conditions are tight and in areas where public transportation, rail transit and private vehicles are interchanged.

新建、改建、扩建公共建筑、大(中)型建筑、商业街区、旅游区、居住区,应当考虑机动车停放需求,按照停车场设置技术规范和标准,配建、增建公共停车场、建筑物配建停车场;确因场地等条件所限,难以配建、增建机动车停车场的,经规划部门同意,建设单位应当根据所缺停车位的数量情况,易地建设相应的停车位。 Article 13 Newly constructed, rebuilt, or expanded public buildings, large (medium) buildings, commercial blocks, tourist areas, and residential areas shall consider the parking requirements of motor vehicles, and distribute or construct public buildings in accordance with the technical specifications and standards for parking lot installation. Car parks and buildings are equipped with car parks; if it is difficult to build or add motor vehicle parks due to the constraints of the site and other conditions, with the consent of the planning department, the construction unit shall construct the car parks on the basis of the number of parking spaces lacking Corresponding parking space.

新建的公共停车场、建筑物配建停车场应当按照相关标准在停车位设置充电设施或者预留建设安装条件。 Article 14 Newly built public parking lots and buildings equipped with built-up parking lots shall, in accordance with relevant standards, be provided with charging facilities in parking spaces or be reserved for construction and installation conditions. For newly-built large public buildings such as shopping malls, hotels, hospitals, and office areas with an area of more than 20,000 square meters, the parking space for charging facilities should be no less than 10% of the total parking space.

改建、扩建停车场应当遵守下列规定: Article 15 The reconstruction and expansion of parking lots shall comply with the following provisions:

(1) shall not affect road traffic order and public safety;

(2) shall not occupy public green space;

(3) shall not occupy fire fighting and emergency rescue channels;

(4) Comply with the technical specifications and standards for parking lot setting;

(5) Other circumstances stipulated by laws and regulations.

建筑物改变功能的,己配建的停车场不得挪作他用;建筑物没有配建停车场或达不到改变功能后的停车位配建指标的,应当按改变功能后的标准配建停车场或者增加停车位。 Article 16 Where a building has changed functions, the parking lot that has been allocated must not be diverted for other purposes; if the building does not have a parking lot or fails to meet the quota for the parking space after the change of function, it shall be based on the changed function. Standard parking lot or additional parking space.

鼓励企事业单位、居民小区及个人依法利用闲置土地、地上地下空间建设临时停车设施,对外开放并取得相应收益;利用闲置土地设置简易机械式停车设施的,按照机械式设备安装管理。 Article 17 Encourage enterprises, institutions, residential communities and individuals to use idle land, ground and underground space to construct temporary parking facilities in accordance with law, open to the public and obtain corresponding profits; if simple mechanical parking facilities are set up using idle land, they shall be installed and managed in accordance with mechanical equipment .

When setting up a temporary parking lot, it shall be registered with the municipal administrative department for the record. The provision of temporary parking lot shall not affect the use function and safety of roads, squares, green spaces, fire protection and existing facilities.

Chapter III Parking Lot Management

政府投资建设的公共停车场,应当依照政府采购的程序和方式,选择专业停车场管理服务单位进行经营,出让经营权的收入全额上缴财政,实行收支两条线管理。 Article 18 Public parking lots invested and constructed by the government shall, in accordance with the procedures and methods of government procurement, select professional parking lot management and service units to operate, and the revenue from the transfer of operating rights shall be fully paid to the finance, and the two lines of revenue and expenditure shall be managed.

For public parking lots invested and constructed by social funds, the property owner may operate the parking lot on its own or entrust a professional parking lot management service unit to operate it.

停车场经营者应当依法办理工商、税务等手续,并在停车场投入使用后30日内,将停车场具体地点、泊位数量和收费标准等相关信息向所在地市政管理部门备案,由相关部门进行监督管理和检查。 Article 19 The parking lot operator shall go through the formalities of industry and commerce and taxation according to law, and within 30 days after the parking lot is put into use, the relevant information such as the specific location, number of parking lots and charging standards shall be filed with the local municipal administrative department, The department performs supervision, management and inspection.

停车场经营者申请备案的,应当提供下列材料: Article 20 When applying for record-keeping, a parking lot operator shall provide the following materials:

(1) Basic information of business managers;

(2) Proof materials for the right of use;

(3) Certificates of acceptance of construction project completion and fire inspection acceptance;

(4) Parking lot facilities list and traffic organization chart, including entrances and exits, signs and markings, and parking berth settings;

(5) operating service and safety management system, management operation and maintenance plan, and emergency response plan;

(6) Other materials required by laws and regulations.

任何单位和个人不得擅自改变停车场的用途。 Article 21 No unit or individual may change the use of the parking lot without authorization.

停车场经营者应当遵守下列规定: Article 22 Parking lot operators shall abide by the following regulations:

(1) Set up parking guides, parking lot signs, and vehicle parking information public signs at the entrance and exit of the parking lot as required;

(2) The parking berth line shall be planned in accordance with the regulations, and the entrance and exit signs, driving guidance signs, corner safety mirrors, and slope (pass) slip-resistant lines shall be set up; necessary ventilation, lighting, drainage, communication, fire prevention, monitoring and other facilities shall be provided. ;

(3) The parking lot shall be provided with an electronic door entry system to electronically register the entering and exiting vehicles, and a special person shall be responsible for directing the orderly entry, exit, and parking of the vehicles, and maintaining the parking order;

(4) The charging standards, basis and supervision telephone shall be publicly displayed in a prominent place in the parking lot, and a valid and valid bill shall be issued for the collection of parking fees;

(5) No road passenger and cargo transportation business consignment department and passenger and cargo information agency or any other road passenger and cargo transportation operation activities shall be established in the parking lot;

(6) Assist in channeling the traffic at the entrance and exit of the parking lot, and do a good job of fire prevention and anti-theft in the parking lot; take emergency measures in a timely manner when an emergency occurs in the parking lot;

(7) incorporating its parking information into the city's public information system in accordance with relevant regulations and standards;

(8) Vehicles containing dangerous items such as flammable, explosive, poisonous, and harmful shall not be allowed to park in the parking lot;

(9) Other circumstances stipulated by laws and regulations.

机动车驾驶人在停车场停放车辆应当遵守下列规定: Article 23 Motor vehicle drivers shall abide by the following regulations when parking their vehicles in parking lots:

(1) Obey management and park vehicles in an orderly manner;

(2) Obtain parking vouchers and pay parking fees in accordance with regulations;

(3) shall not damage the facilities and equipment of the parking lot;

(4) Do not park vehicles containing dangerous items that are flammable, explosive, poisonous, or harmful;

(5) Other circumstances stipulated by laws and regulations.

停车费应综合考虑区域位置、停车场性质及设施等级、停放时段、服务条件、供求关系等因素,分别实行政府定价、政府指导价和市场调节价。 Article 24 Parking fees shall take into account factors such as the location of the area, the nature of the parking lot and the level of facilities, the parking period, the service conditions, and the relationship between supply and demand. Government pricing, government guidance prices, and market adjustment prices shall be implemented separately.

五条 停车场价格机制实行城市中心区域高于外围区域,道路停车泊位高于公共停车场、建筑物配建停车场的原则,建立不同类型停车场收入调节机制。 Article 25 The pricing mechanism of parking lots implements the principle that the central area of the city is higher than the surrounding areas, the parking spaces on roads are higher than public parking lots, and buildings are equipped with built-up parking lots, and different types of parking lot income adjustment mechanisms are established.

利用 住宅小区共有道路或者其他共有场所设置车位、收取费用等事项,由业主大会决定,在小区公示后执行;未成立业主委员会的,由物业服务企业或者村居民委员会提出建议,经专有部分占建筑物总面积过半数的业主,且占总人数过半数的业主共同议定,在小区公示后执行。 Article 26 The use of common roads or other common places in residential communities to set up parking spaces and charge fees shall be decided by the owners ’assembly and implemented after the public announcement of the community; if no owner committee is established, the property service company or village residents' committee shall make recommendations. The owners whose exclusive part accounts for more than half of the total area of the building, and the owners who account for more than half of the total number of people jointly agreed upon the implementation after the community announcement.

Charges for parking services for exclusive parking spaces in residential communities shall be proposed by the property service company or the village residents' committee, solicit opinions from community owners and users of exclusive parking spaces, and be determined after consensus through the principles of fairness, reasonableness, and honesty; if no consensus is reached, All parties can jointly invite third-party organizations with social credibility or the parties to recognize them for evaluation and determination.

国家机关、社会团体和其他公益企事业单位对来本单位办理业务的人员的车辆,在办理业务的合理时间段内不得收取停车费。 Article 27 State agencies, social organizations, and other public welfare enterprises and institutions shall not charge parking fees for the vehicles of people who come to handle business in their own units within a reasonable period of time for handling business. The specific time period for handling business shall be prescribed by the competent price department.

鼓励国家机关、社会团体和其他公益组织、事业单位、商业区、住宅区配建的专用停车场实行错时共享停车位, 鼓励建筑物配建停车场在满足本单位、本居住区停车需要的前提下,向社会提供机动车停放服务;向社会提供经营性停放服务的,按照本办法公共停车场管理的有关规定办理。 Article 28 State organs, social organizations, and other non-profit organizations, public institutions, commercial districts, and residential areas shall be provided with dedicated parking lots that are constructed at the wrong time. Under the premise of the need for parking in the district, motor vehicle parking services shall be provided to the society; if operating parking services are provided to the society, they shall be handled in accordance with the relevant regulations of public parking lot management of these Measures.

时停车场的使用期限不得超过两年。 Article 29 The use period of the temporary parking lot shall not exceed two years. After the expiration of the period of use, those that meet the planning conditions for public parking lots may be converted into public parking lots; those that do not meet the planning conditions for public parking lots shall be cancelled by the municipal administrative department.

Chapter 4 Management of Parking Berth Setting

在公共停车场、建筑物配建停车场不能满足停车需求的区域,结合区域道路停车总量、停放车辆路段、通行条件及道路承载情况,公安交通管理部门可以设置道路停车泊位,移交市政管理部门负责管理。 Article 30 In areas where public parking lots and building parking lots cannot meet the parking demand, the public security traffic management department may set up road parking berths based on the total amount of road parking in the area, the number of parked vehicles, traffic conditions and road load conditions. Handed over to the municipal administration for management.

If the roads around residential areas and commercial concentrated areas have the conditions for parking on holidays, at night, etc., the public security traffic management department may temporarily set up road parking berths.

道路停车泊位设置应当符合相关法律法规、技术标准和规范规定,不得影响通行、侵占消防通道及行人过街设施。 Article 31 The installation of on-street parking berths shall comply with the relevant laws and regulations, technical standards and specifications, and shall not affect the passage, invasion of fire control passages and pedestrian crossing facilities. Road parking berths are set according to the following procedures:

(1) The public security traffic management department together with the municipal, development and reform, fire protection, urban and rural planning departments put forward a preliminary setup plan;

(2) Publicly soliciting opinions from relevant units and surrounding communities and residents through hearings;

(3) The establishment plan shall be reported to the people's government at the same level for approval by the public security traffic management department;

(4) Municipal and public security traffic management departments jointly announce to the public.

下列城市道路设施范围内不得设置道路停车泊位: Article 32 No road parking berths shall be provided within the scope of the following urban road facilities:

米范围内的路段; (1) Road intersections, schools, hospital entrances and exits, and sections within 50 meters of public transportation stations;

(2) road sections that may damage urban green space or trees;

米范围内区域和盲人专用通道; (3) Fire-fighting passages, fire-fighting sites, areas within 5 meters of fire hydrants, and blind-only passages;

(4) Urban main roads, along expressways and connecting roads between main and secondary roads;

米以内的路段; (5) First aid stations, gas stations, in front of fire brigades (stations), entrances and exits of emergency evacuation sites, and sections within 30 meters of the above-mentioned locations;

米范围内有停车场且能满足停车需要的地段; (6) Lots with parking lots within 200 meters and meeting parking requirements;

(7) Areas that affect the safety of structural facilities such as bridges and tunnels;

米范围内; (8) Within 1.5 meters above various underground pipeline working wells;

(9) Other sections where road parking berths are not suitable.

任何单位或者个人不得有下列行为: Article 33 No unit or individual may commit the following acts:

(1) planning or removing road parking berths without authorization;

(2) Setting up obstacles such as ground piles and ground locks or occupying road parking berths in other ways;

(3) Road parking berth management units shall not fix road parking facilities to any unit or individual;

(4) using motor vehicles parked in road parking spaces for business activities;

(5) Damaged or unauthorized removal of road parking facilities;

(6) Applying, scoring, or posting items such as hanging advertisements, signboards, and slogans on automatic payment equipment.

道路停车泊位经营者应当遵守下列规定: Article 34 The operators of road parking berths shall abide by the following regulations:

(1) Setting up temporary parking berth signs on roads, keeping parking signs and marking lines clear and complete;                         

(2) publicizing the parking time, the permitted parking range, the service content, the charging standard, the charging basis, the supervision telephone, etc. in the parking berth;

(3) Management personnel wear uniform signs, instruct vehicles to park in an orderly manner, and maintain parking order;

(4) Vehicles carrying dangerous items such as flammable, explosive, poisonous and harmful shall not be allowed to park in the parking lot;

(5) The parking fee shall be collected in accordance with the standards approved by the competent price administrative department, and a unified tax invoice shall be used. The method of charging shall be convenient for parking persons.

(6) Other circumstances stipulated by laws and regulations.

道路停车泊位有偿使用收入全额上缴财政,用于道路停车泊位的设置管理及公共停车场建设、维护。 Article 35 The full paid income from road parking berths shall be turned over to the finance for the management of the setting up of road parking berths and the construction and maintenance of public parking lots.

公安交通管理部门应当根据道路交通状况、周边停车场情况等综合因素,及时对道路停车泊位进行评估调整。 Article 36 The public security traffic management department shall timely evaluate and adjust road parking berths based on comprehensive factors such as road traffic conditions and surrounding parking lots.

Chapter V Legal Liability

违反本办法第八条规定擅自改变停车场规划用地和停车设施用途的,由综合行政执法部门依法处理。 Article 37 Any violation of the provisions of Article 8 of these Measures without authorization to change the planned land use of the parking lot and the use of parking facilities shall be handled by the comprehensive administrative law enforcement department according to law.

反本办法第十九条规定未报送备案的,由综合行政执法部门责令限期改正,可以处500元以上1000元以下罚款。 Article 38 Anyone who violates the provisions of Article 19 of these measures and fails to report for record shall be ordered to make corrections within a time limit by the comprehensive administrative law enforcement department, and may be fined from 500 yuan to 1,000 yuan.

违反本办法第二十一条规定擅自改变停车场用途的,由综合行政执法部门责令限期改正,并处5000元以上10000元以下罚款。 Article 39 Anyone who arbitrarily changes the use of a parking lot in violation of the provisions of Article 21 of these Measures shall be ordered to make corrections within a time limit and imposed a fine of not less than 5,000 yuan but not more than 10,000 yuan.

违反本办法第二十二条第一项、第二项、第四项、第五项、第八项之规定的,由综合行政执法部门责令限期改正,可处5000元以上10000元以下罚款。 Article 40 Anyone who violates the first, second, fourth, fifth, or eighth clause of Article 22 of these Measures shall be ordered to make corrections within a time limit by the comprehensive administrative law enforcement department, and may be punished with 5,000 yuan or more and 10,000 yuan. Fines below RMB.

违反本办法第三十三条第一项擅自施划或者撤除道路停车泊位的,由公安交通管理部门责令限期改正,可按每一泊位处200元以上500元以下罚款;有违法所得,按违法所得3倍处以罚款,但最高不得超过30000元;无违法所得的,处10000元以下罚款。 Article 41 Anyone who plans or removes road parking berths in violation of Article 33 of the present Measures without authorization shall be ordered by the public security traffic management department to make corrections within a time limit and may be fined from 200 yuan to 500 yuan per berth; For illegal income, a fine of 3 times the illegal income shall be imposed, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed.

违反本办法第三十三条第二项设置地桩、地锁等障碍物或者以其他方式侵占道路停车泊位的,由公安交通管理部门责令停止违法行为,并处500元以上1000元以下罚款,对擅自设置的地桩、地锁等障碍物依法拆除。 Article 42 If obstacles such as ground stakes and ground locks are set up in violation of Article 33 of the present Measures, or road parking berths are occupied in other ways, the public security traffic management department shall order the suspension of illegal acts and impose a penalty of more than 500 yuan A fine of less than 1,000 yuan will be used to remove obstacles such as ground piles and ground locks that are set up without authorization.

违反本办法第三十三条第四项利用停放在道路停车泊位内的机动车进行经营活动的,由公安交通管理部门责令限期改正,对个人处以50元以上200元以下罚款,对单位处1000元以上3000元以下罚款。 Article 43 In violation of Article 33, Article 4 of these Measures, the use of motor vehicles parked in road parking spaces for business activities shall be ordered by the public security traffic management department to make corrections within a time limit, and individuals shall be fined from 50 yuan to 200 yuan Fines of 1,000 yuan to 3,000 yuan.

违反本办法第三十三条第五项、六项之规定的,由公安交通管理部门责令限期恢复原状,并处500元以上1000元以下罚款。 Article 44 In violation of the provisions of Article 33, Articles 5 and 6 of these Measures, the public security traffic management department shall order the restoration of the original state within a time limit and impose a fine of 500 yuan to 1,000 yuan.

Chapter VI Supplementary Provisions

各类停车场对执行任务的警车、消防车、救护车、工程抢险车实行免费停放。 Article 45 All types of parking lots are free of charge for police cars, fire engines, ambulances, and engineering emergency vehicles performing tasks.

城市公共客运、道路客货运站场的规划、建设和管理按照有关法律、法规和规章执行。 Article 46 The planning, construction and management of urban public passenger transport and road passenger and freight transport yards shall be implemented in accordance with relevant laws, regulations and rules.

The planning, construction and management of parking lots for parking vehicles carrying explosive, flammable, radioactive, corrosive, poisonous or other prohibited items shall be implemented in accordance with the relevant laws, regulations and rules.

本办法自20181118日起施行。 Article 47 These Measures shall become effective on November 18 , 2018 .

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