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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON USE OF CHEONGGYE-STREAM

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary to establish, use and manage facilities for citizens’ use at Cheonggye-stream so as to enable citizens to make good use of their leisure time and engage in cultural activities, etc. <Amended by Ordinance No. 4863, Sep. 29, 2009>

Article 2 (Definition) The term “public facilities” used in this Ordinance means the following: <Amended by Ordinance No. 4863, Sep. 29, 2009>
1.Cheonggye plaza;
2. Waterscape facilities;
3. Waterside stages;
4. Resting facilities;
5. Natural learning exhibits and other facilities.

Article 3 (Establishment of Public Facilities) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) may establish public facilities under Article 2 at Cheonggye-stream to assist citizens to make good use of their leisure time and engage in cultural activities, etc. <Amended by Ordinance No. 4863, Sep. 29, 2009>

Article 4 (Entrustment of Management) The Mayor may entrust all or some of affairs concerning the management and operation of any public facilities established pursuant to Article 3 to legal entities, organizations or individuals. <Amended by Ordinance No. 4863, Sep. 29, 2009>

Article 5 (Application for Use) Any person who intends to use any public facility for a special purpose, such as an event or a public performance shall submit to the Mayor an application for permission to use Cheonggye-stream facilities, which is prepared pursuant to the form prescribed by Municipal Rule, during the period between 7 and 60 days before the scheduled date of use (hereinafter referred to as “date of use”). <Amended by Ordinance No. 4863, Sep. 29, 2009>

Article 6 (Permission for Use) (1) Where the Mayor receives an application for permission to use a public facility under Article 5, he/she shall examine the following matters to decide whether to grant permission: <Amended by Ordinance No. 4863, Sep. 29, 2009>
1. Whether it will be contrary to the purpose of establishing the relevant public facility;
2. Whether such use is restricted under any other Act or subordinate statute.
(2) In granting permission to use any public facility under paragraph (1), the Mayor may attach conditions thereto. <Amended by Ordinance No. 4863, Sep. 29, 2009>

Article 7 (Priority in Granting Permission) If an application for permission to use a public facility overlaps in the date and place of use with another application, the Mayor shall grant permission according to the order of application: Provided, That if any of the following subparagraphs applies, the Mayor may grant permission according to the following order, regardless of the order of application: <Amended by Ordinance No. 4863, Sep. 29, 2009>
1. An event managed by the State or a local government in the public interest;
2. A non-profit cultural and artistic event, such as a public performance or exhibit;
3. An event for children, juveniles, or seniors aged 65 and over.

Article 8 (Revocation and Suspension of Permission for Use) The Mayor may revoke or suspend permission to use a public facility or take other necessary measures if any of the following subparagraphs applies: <Amended by Ordinance No. 4863, Sep. 29, 2009>
1. Where the facility is used for any purpose other than the prescribed purpose;
2. Where any condition of permission is violated;
3. Where any provision of a related Act or subordinate statute is violated.

Article 9 (Collection of and Exemption from Usage Fees) (1) The Mayor shall collect from users the usage fees determined by Municipal Rule within the scope of the attached Table: Provided, That if any of the following subparagraphs applies, the usage fees may be exempted: <Amended by Ordinance No. 4863, Sep. 29, 2009>
1. An event managed by the State or a local government;
2. A non-profit cultural and artistic event, such as a public performance or exhibit, as the Mayor deems necessary in the public interest.
(2) A user shall pay the usage fees under paragraph (1) to the Mayor within five days from the date when he/she is notified that permission has been granted: Provided, That where the Mayor deems it necessary, he/she may require the user to pay such usage fees by not later than the day immediately before the commencement date of the use. <Amended by Ordinance No. 4863, Sep. 29, 2009>
(3) The Mayor may refund all or some of the usage fees collected if the relevant public facility is not in use due to any reason not attributable to the user. <Amended by Ordinance No. 4863, Sep. 29, 2009>
(4) With respect to procedures for the collection of usage fees, the raising of objections, etc., which are not prescribed in this Ordinance, Article 140 of the Local Autonomy Act shall apply. <Newly Inserted by Ordinance No. 4863, Sep. 29, 2009>

Article 10 (Reinstatement, etc.) (1) A user shall take necessary measures to reinstate any public facility used by him/her when such use is completed. <Amended by Ordinance No. 4863, Sep. 29, 2009>
(2) If any public facility is damaged due to use, the Mayor may claim the relevant user to compensate for such damage or to take other necessary measures. <Amended by Ordinance No. 4863, Sep. 29, 2009>

Article 11 (Administrative Guidance) The Mayor may conduct administrative guidance regarding the following matters to ensure the safety of citizens and public good: <Amended by Ordinance No. 4863, Sep. 29, 2009>
1. Fishing and leisurely fishing;
2. Swimming, bathing, and other similar activities;
3. Camping and cooking;
4. Smoking and drinking;
5. Staying over the night and carrying out business activities;
6. Dumping wastes, such as food waste, and urinating;
7. Making entrance accompanied by animals, and using bicycles and in-line skates.

ADDENDUM
This Ordinance shall enter into force on October 1, 2005.
ADDENDUM <Ordinance No. 4863, Sep. 29, 2009>
This Ordinance shall enter into force on the date of its promulgation.