深圳经济特区人民警察巡察条例（修正） Regulations of the Shenzhen Special Economic Zone on People’s Police Patrol

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　　（4）to ship， sell， and set off fireworks in violation of rules；

　　（5）to disturb the order of emergency salvaging and disaster relief so as to cause interference.

　　Article 17 If a motor vehicle driver has taken one of the following acts， a warning

　　or a fine of less than 200 RMB shall be imposed：

　　（1）to drive a vehicle in violation of what a traffic signal， traffic sign， and traffic marking indicate；

　　（2）to park a motor vehicle in violation of rules；

　　（3）to use a horn in an area where a horn is prohibited from using；

　　（4）to drive a vehicle with the dark exhaust to pollute the environment；

　　（5）to drive a non-commercial vehicle to carry passengers for the purpose of profit.

　　Article 18 If one of the following acts has been taken， a warning or a fine of 20

　　RMB shall be imposed：

　　（1）to climb， go through protection rails for traffic separation；

　　（2）to drive a non-motor-driven vehicle on a road for motor vehicle only；

　　（3）to drive a non-motor-driven vehicle in a direction not allowed by traffic regulations or to transport passengers， goods in violation of rules.

　　Article 19 If a motor vehicle loaded with liquid， bulk cargo has polluted the

　　surface of　a road， the driver license may be temporarily taken away， cleaning of the road surface shall be ordered， and a fine of less than 3，000 RMB shall also be imposed.

　　After the party concerned has finished cleaning of the road surface and accepted the punishment， the driver license which has been taken away shall be returned promptly.

　　Article 20 If one of the following acts has been taken， the party concerned shall be instructed to make correction， clean up or restore the original state by a deadline， and also inflicted a punishment according to the following rules：

　　（1）for setting up a stall on a road， square without authorization， a warning or a fine of less than 500 RMB shall be imposed；

　　（2）for scrawling， engraving， or hanging， posting on a building， structure， etc.， and for hanging， hanging out to dry， piling articles on a road， square without authorization， a warn

ing or a fine of more than 200 but less than 500 RMB shall be imposed；

　　（3）for constructing on a road without setting up enclosing rails or other eye-catching marks according to rules， a warning or a fine of 500 RMB shall be imposed；

　　（4）for defiling and damaging the cultural relics protected by the state， scenic spots and historical sites， and sculptures at public places， a fine of more than 200 but less than 1，000 RMB shall be imposed；

　　（5）for damaging， moving， or dismantling street-name plates， traffic signs without authorization， a fine of more than 200 but less than 1，000 RMB shall be imposed；

　　（6）for sabotaging lawns， green belts， flowers and plants， trees， and facilities for green-making， a fine of more than 200 but less than 1，000 RMB shall be imposed；

　　（7）for making noise， exhausting waste air in violation of rules and refusing to listen to exhortation， a fine of more than 100 but less than 500 RMB shall be imposed；

　　（8）for discharging water， waste on a road to block the traffic or pollute the environment， a fine of more than 200 but less than 1，000 RMB shall be imposed；

　　（9）for occupying a road， square， bridge opening to pile article or to put up a shed and build a house without authorization， a fine of more than 200 but less than 1，000 RMB shall be imposed；

　　（10）for setting up structures such as a board for ads or posters， neon lamp， shelter hut， etc.， without authorization， a fine of more than 1，000 but less than 5，000 RMB shall be imposed；

　　（11）for constructing on a road， square and failing to clean up on time or occupying a road， square beyond prescribed time and limits， a fine of more than 1，000 but less than 5，000 shall be imposed；

　　（12）for digging a road， square without authorization， a fine of more than 2，000 but less than 5，000 RMB shall be imposed.

　　Article 21 If one of the following acts has been taken， the party concerned shall

　　be instructed to clean up and also punished according to the following rules：

　　（1）for littering fruit rinds， odds and ends， a fine of 10 RMB shall be imposed；

　　（2）for spitting， a fine of 20 RMB shall be imposed；

　　（3）for shitting and pissing anywhere outside a restroom， a fine of 100 RMB shall be imposed；

　　（4）for recklessly dumping or burning waste， dirt， garbage， a fine of 200 RMB shall be imposed；

　　（5）for throwing an article from a high place above the ground， a fine of 200 RMB shall be imposed.

　　Article 22 If the acts referred to in this chapter involve prohibited articles or

　　illegally obtained money and goods， they shall be confiscated； if the ordered cleaning up， restoring the original state by a deadline have not been done after the deadline， patrolmen may ask the related departments or professional units to clean up， restore the original state， the resultant cost shall be assumed by the person who has been punished.

　　Chapter IV Decision and Implementation

　　Article 23 The punishments stipulated by these regulations shall be carried out under the following authority：

　　（1）for a warning， a fine of less than 200 RMB， the patrolman shall make a decision on the scene；

　　（2）for a fine of more than 200 but less than 1，000 RMB， the squadron shall make a decision and enforce it；

　　（3）for a fine of more than 1，000 but less than 5，000 RMB， the brigade or the detachment shall make a decision and enforce it；

　　（4）for detention， house-rehabilitation， rehabilitation-through-labor， the brigade or the detachment shall report to the superior department of public security or commission on rehabilitation-through-labor which are responsible for making a decision according to law.

　　Article 24 When making a punishment decision or taking compulsory measures，

　　patrolmen shall abide by the following rules：

　　（1）a decision notice uniformly printed by the depa

rtment of public security shall be issued；

　　（2）a receipt uniformly printed by the department of finance shall be issued to the punished person in case of collecting a fine and confiscating money；

　　（3）the punished person shall be informed of the designated place to pay the fine in case of making a punishment decision on the scene；

　　（4）a certificate of temporary taking-away shall be issued in case of temporarily taking away money and goods or documents， and the money and goods or documents shall be turned over to the squadron by the end of duty on the same day；

　　（5）a list shall be issued in case of detaining and confiscating money and goods， and the case shall be dealt with in accordance with the prescribed procedure；

　　（6）the party concerned shall be informed of the legal rights that the party may enjoy.

　　Article 25 All fines and money confiscated shall be turned over to the department of finance.

　　Article 26 If there is one of the following circumstances， the case shall be removed to another department to deal with according to law or the other department shall be notified to do so：

　　（1）compensation shall be made for damaging the municipal facilities；

　　（2）the case which goes beyond the authority of patrolmen shall be handled by other departments according to law；

　　The removed case shall be attached with a removing paper； the unit receiving the removed case shall accept it and no longer remove it again unless there are other rules according to law and regulations， and inform the removing unit in writing of the outcome of the case.

　　Article 27 There shall be no double punishment on the same illegal act which has already been punished.

　　Article 28 In case of violation of these regulations， a person who is already 14 but less than 18 years old shall be inflicted a lighter punishment； a person in violation of these regulations who is less than 14 years old shall be exempted from punishment， but the guardian shall be instructed to be strict in discipline， and held liable for compensation if there is a resultant loss.

　　Article 29 Except for a fine on the scene， any punished person shall pay the fine at a designated place within 7 days from the date of receiving the punishment decision notice. In case of failing to make a payment after the deadline without a justified reason， a fine of 5% of the original fine per day shall be imposed in addition； in case of refusing to pay the fine， it shall be dealt with according to the related rules in law.

　　Article 30 If the party concerned has refused to accept an administrative punishment decision or enforcement made by patrolmen， an application for review may be filed to the municipal department of public security within 15 days from the date of receiving the decision notice.

　　The office in charge of review shall make a decision within 15 days from the date of receiving the application for review； in case of refusing to accept the review decision， legal action may be taken at the people‘s court within 15 days from the date of receiving the review decision notice.

　　Chapter V Administration and Supervision

　　Article 31 Patrolmen on duty shall accept supervision of the people‘s procuratorate and administrative supervision offices according to law.

　　Article 32 The municipal department of public security shall administer and supervise the activities of patrolmen to enforce the law， and， in case of finding a mistake in patrolmen‘s deci

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