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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.
[This Article Wholly Amended by Ordinance No. 4863, Sep. 29, 2009]

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

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.
[This Article Wholly 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 a corporation, organization or individual. <Amended by Ordinance No. 4863, Sep. 29, 2009; Ordinance No. 6386, Jan. 5, 2017>
[This Article Wholly 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 rule, during the period between 7 and 60 days before the scheduled date of use (hereinafter referred to as "date of use").
[This Article Wholly 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 statutes.
(2) In granting permission to use any public facility under paragraph (1), the Mayor may attach conditions thereto.
[This Article Wholly 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:
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.
[This Article Wholly Amended by Ordinance No. 4863, Sep. 29, 2009]

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:
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 statute is violated.
[This Article Wholly Amended by Ordinance No. 4863, Sep. 29, 2009]

Article 9 (Collection of and Exemption from Usage Fees) (1) The Mayor shall collect from users the usage fees determined by rule within the scope of the attached Table: Provided, That if any of the following subparagraphs applies, the usage fees may be exempted:
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.
(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.
(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.
[This Article Wholly Amended 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.
(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.
[This Article Wholly 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. 5226, Jan. 5, 2012; Ordinance No. 6457, Mar. 23, 2017>
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. Using a powered or nonpowered device having wheels, such as a bicycle and inline skates (provided, that the foregoing shall not apply to devices used by persons less likely to have access to independent mobility, such as persons with disabilities, infants and the elderly and the weak, or having access to the Cheonggye Stream for the management of facilities, such as cleaning, construction work, and maintenance and repair);
8. Having access to the Cheonggye Stream accompanied by animals (the foregoing shall not apply to an assistance dog assisting a person with a disability).
[This Article Wholly Amended by Ordinance No. 4863, Sep. 29, 2009]

Article 12 (Establishment of Citizens' Committee for Cheonggye Stream) (1) The Mayor shall establish the Citizens' Committee for the Cheonggye Stream (hereinafter referred to as the "Committee") to provide advice and suggestions on the following matters concerning the maintenance and management, and the use of the Cheonggye Stream: <Amended by Ordinance No. 6093, Jan. 7, 2016; Ordinance No. 6386, Jan. 5, 2017>
1. Formulation of the short- and long-term tasks for the use and management of the Cheonggye Stream;
2. Evaluation of the current status of the promotion of the use of the Cheonggye Stream in cooperation with citizens;
3. Ecological improvements, such as improvements in sewage and water quality management and the water circulation system of the Cheonggye Stream;
4. Restoration of the Supyo Bridge, the Five Sluice Gates, etc.;
5. Other matters the Mayor deems necessary, such as the revitalization of streets around the Cheonggye Stream.
(2) The Committee shall be comprised of not more than 30 members including three chairpersons. <Amended by Ordinance No. 5561, Aug. 1, 2013>
(3) The Second Deputy Mayor for administrative affairs and two persons elected by the Committee from among the commissioned members shall serve as the chairpersons of the Committee. <Amended by Ordinance No. 5561, Aug. 1, 2013>
(4) The Mayor shall appoint or commission members of the Committee from among the following persons: <Amended by Ordinance No. 5561, Aug. 1, 2013; Ordinance No. 6093, Jan. 7, 2016>
1. Ex officio members: Directors of Offices, Bureaus and Headquarters related to the affairs of the Cheonggye Stream;
2. Members of the Seoul Metropolitan Council recommended by the Seoul Metropolitan Council;
3. Persons who have expert knowledge of and experience in park environment, ecology, nature restoration, water quality, metropolis, history, etc.
(5) The term of office of a member of the Committee shall be the period during which a public official holds the position in cases of a member who is a public official, and two years in cases of a member who is not a public official, and may serve consecutive terms: Provided, That the term of office of a member who fills a vacancy shall be the remainder of the unexpired term of his/her predecessor. <Amended by Ordinance No. 6248, May 19, 2016>
[This Article Newly Inserted by Ordinance No. 5368, Sep. 28, 2012]

Article 13 (Meetings) (1) The chairperson of the Committee shall convene and preside over Committee meetings.
(2) The Committee shall hold regular meetings not exceeding four times a year, and hold special meetings in the following cases : <Amended by Ordinance No. 5561, Aug. 1, 2013>
1. Where the chairperson of the Committee deems an extraordinary meeting necessary;
2. Where at least one-third of the incumbent members requests an extraordinary meeting.
(3) The Committee shall hold meetings when a majority of the incumbent members is present and pass resolutions when a majority of the members present gives approval.
(4) The Committee shall have an administrative secretary and secretary in order to conduct affairs thereof, and the chief of the River Management Section shall serve as the administrative secretary and the chief of the Cheonggye Stream Management Team shall serve as the secretary.
(5) The Committee may pay an allowance to members attending meetings of the Committee within the budget pursuant to the Seoul Metropolitan Ordinance on the Payment of Committee Allowances and Travel Expenses.
(6) In principle, the Committee shall openly hold meetings.
[This Article Newly Inserted by Ordinance No. 5368, Sep. 28, 2012]

Article 14 (Subcommittees) (1) The Committee may organize subcommittees comprised of not more than ten members, respectively, in order to efficiently conduct the affairs thereof. <Amended by Ordinance No. 5561, Aug. 1, 2013>
(2) Each subcommittee shall have a chairperson.
(3) Subcommittees under paragraph (1) shall be as follows, and detailed matters concerning the operation of subcommittees shall be prescribed by rule: <Amended by Ordinance No. 5561, Aug. 1, 2013; Ordinance No. 6248, May 19, 2016>
1. Subcommittee for ecology and environment;
2. Subcommittee for history and culture;
3. Subcommittee for urban affairs and systems.
(4) Deleted. <by Ordinance No. 6248, May 19, 2016>
[This Article Newly Inserted by Ordinance No. 5368, Sep. 28, 2012]

Article 14-2 (Smaller Subcommittees) (1) Where in-depth deliberation of items on the agenda and coordination of opinions among subcommittees are required, the chairperson of the Committee may organize smaller subcommittees.
(2) Each smaller subcommittee shall be comprised of not more than ten members.
[This Article Newly Inserted by Ordinance No. 5561, Aug. 1, 2013]

Article 15 (Relationship to Other Statutes and Regulations) Except as otherwise prescribed by other statutes, regulations, or ordinances, this Ordinance shall apply to the management and use of the Cheonggye Stream. <Amended by Ordinance No. 6386, Jan. 5, 2017>
[This Article Newly Inserted by Ordinance No. 5368, Sep. 28, 2012]

Article 16 (Enforcement Rule) Detailed matters necessary for the enforcement of this Ordinance shall be prescribed by rule.
[This Article Newly Inserted by Ordinance No. 5368, Sep. 28, 2012]

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.
ADDENDUM <Ordinance No. 5226, Jan. 5, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5368, Sep. 28, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5561, Aug. 1, 2013>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5842, Apr. 2, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6093, Jan. 7, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6248, May 19, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6457, Mar. 23, 2017>
This Ordinance shall enter into force on the date of its promulgation.

- Table 0 (User Fees for Use of Public Facilities(Pursuant to Article 9 (1)))

- Form 0 (Application for permission to Use Facilities of Cheonggye Stream)