CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to allow citizens to conveniently use Hangang Park and conserve the natural environment thereof by providing for matters necessary for ecological conservation of Hangang Park and for citizens' use of the park.
Article 2 (Scope of Application)
The scope of application of this Ordinance shall be limited to the main body of water and banks of Hangang under the administrative jurisdiction of the Seoul Metropolitan Government.
Article 3 (Definitions)
The terms used in this Ordinance are defined as follows:
1. "Hangang Park" means green belts situated within the Hangang river basin managed by the Metropolitan Government in the form of park greenbelts defined under subparagraph 1 of Article 2 of the Act on Urban Parks, Greenbelts, etc. or river banks with facilities installed by the Metropolitan Government;
2. "Conservation" means activities conducted or measures taken to restore, maintain, and manage the natural ecosystem of Hangang Park so as to hand down to posterity, an environment where human beings can coexist with nature;
3. "Park facilities" means facilities installed in Hangang Park for the conservation of the natural environment and for citizens' good leisure activities;
4. "Usage charges" means charges collected from persons who use any park facility.
Article 4 (Fundamental Principles)
The following fundamental principles shall be observed for the conservation and use of Hangang Park:
1. All measures for Hangang Park shall be taken to create the environment necessary for the healthy and pleasant lifestyle of citizens and nature and to hand down such environment to future generations;
2. Measures shall be taken to restore the natural ecosystem of Hangang Park and improve the quality of water so as to make the park a place where citizens and nature can coexist in harmony;
3. All facilities installed in Hangang Park shall be appropriate for the public interest and for the ecological environment and shall be maintained and managed for sustainable use;
4. In principle, citizens shall be encouraged to participate in all matters concerning the conservation and use of Hangang Park, and relevant information shall be disclosed to the public;
5. No plan or project formulated or implemented for Hangang Park shall contravene the master plan for, or any policy on, national rivers.
Article 5 (Responsibility of Mayor of Seoul Metropolitan City)
The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall formulate policy on the conservation and use of Hangang Park and shall take measures necessary for the implementation of such policy.
Article 6 (Responsibility of Users)
(1) Except in an emergency or any other extenuating circumstance, no citizen who uses Hangang Park shall intentionally damage a facility in Hangang Park and shall always use such facility in a safe and clean manner.
(2) No person shall engage in any activity that destroys the natural environment or ecosystem of Hangang Park.
Article 7 (Relationship to Other Municipal Ordinances)
Except as otherwise expressly provided for in any Act or subordinate statute, the conservation and citizens' use of Hangang Park shall be governed by the provisions of this Ordinance.
CHAPTER II CONSERVATION OF HANGANG PARK
Article 8 (Formulation of Master Plans)
(1) In order to ensure the comprehensive and systematic conservation and management of Hangang Park, the Mayor shall formulate a five-year master plan for the conservation and management of Hangang Park (hereinafter referred to as the "master plan") once every five years.
(2) If any event occurs making it inevitable to amend a master plan formulated under paragraph (1), such master plan shall be revised and amended to adapt it to circumstances.
(3) Matters that shall be included in the master plan shall be prescribed by Municipal Rules.
Article 9 (Formulation of Joint Measures)
(1) In order to ensure the systematic and comprehensive conservation and management of Hangang Park, the Mayor may formulate joint measures with neighboring local governments.
(2) The Mayor may implement collaborative programs for survey, research, restoration, recovery, etc. in order to formulate joint measures under paragraph (1).
Article 10 (White Papers on Hangang Park)
(1) The Mayor shall produce and publish a white paper every year to contribute to the comprehensive implementation of measures for the conservation and restoration of Hangang Park and to inform citizens of the details and progress of such measures.
(2) White papers produced under paragraph (1) shall include the following matters:
1. Major measures taken for the conservation of the natural ecosystem and environment of Hangang Park and the status of such measures;
2. Current situation of use of Hangang Park;
3. Information about other matters deemed necessary for citizens to be informed of.
Article 11 (Systematic Collection and Disclosure of Information)
(1) The Mayor shall collect, survey, and monitor essential information and indexes relevant to Hangang Park in a systematic manner, and shall disclose such information to citizens.
(2) The information so collected may be published in the white paper on Hangang Park under Article 10
CHAPTER III USE AND MANAGEMENT OF HANGANG PARK
Article 12 (Establishment and Operation of Park Facilities)
(1) The Mayor may establish and operate the park facilities specified in attached Table 1 for proper use of Hangang Park.
(2) The Mayor shall ensure that the facilities established under paragraph (1) conform to the fundamental principles under Article 4 and relevant Acts and subordinate statutes, including the River Act.
Article 13 (Entrusted Operation, etc.)
(1) The Mayor may outsource to a corporation, organization, or private individual all or some of administrative affairs concerning the management and operation of park facilities established under Article 12 or may permit a corporation, organization, or private individual to use such park facilities for profit.
(2) A person eligible for outsourcing of park facilities under paragraph (1) or a person eligible for permission for the use of such park facilities for profit (hereinafter referred to as "operator") shall be selected by a general open bidding procedure, but the term of use shall not exceed three years.
(3) A person who wishes to be entrusted with the operation of park facilities under paragraph (1) or who wishes to be permitted to use such park facilities for profit shall file an application therefor with the Mayor.
(4) Matters necessary for the selection of operators of park facilities and the operation of such park facilities shall be prescribed by Municipal Rules.
(5) The Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to Private Sector and other relevant Acts and subordinate statutes shall apply mutatis mutandis to the obligations, coaching, supervision of facility operators, and the revocation of selection of facility operators.
Article 14 (Usage Charges)
(1) The Mayor may impose usage charges upon the users of any park facility within the limits prescribed in attached Table 2.
(2) In any of the following cases, the Mayor may fully or partially exempt a person from usage charges:
1. An event hosted or sponsored by the State or a local government in relation to the conservation and use of Hangang;
2. A person who has rendered distinguished service to the State; a person wounded for a righteous cause; a disabled person; a senior citizen at or over the age of 65 years; a holder of the happy children card; a participant in Saturday suburban lesson; a child under the custody of a children's welfare facility;
3. An organization or a participant approved by the Mayor under Article 16 for the conservation and use of Hangang;
4. An event hosted or sponsored by the Mayor for the conservation and use of Hangang;
5. An organization or private individual contributing talent for a performance or an event for citizens or contributing to the management of sports facilities.
(3) The extent of full or partial exemption from usage charges under paragraph (2) shall be prescribed by Municipal Rules.
(4) Article 140 of the Local Autonomy Act shall apply to the procedures for imposing and collecting the usage charges prescribed in paragraph (1) and for filing written objections.
(5) Pursuant to Article 13 (1), the Mayor may authorize an operator to collect usage charges imposed under paragraph (1).
Article 15 (Promotion of Use of Park)
(1) The Mayor may implement various programs for the use of Hangang Park, befitting each season and each place, in order to promote the use of the park.
(2) The Mayor may charge admission fees equivalent to actual cost for any program implemented for the use of the park.
(3) The Mayor may permit a person to completely or partially operate a program for the use of the park for profit and may subsidize expenses incurred by him/her while operating the program, within budgetary limits.
Article 16 (Administrative and Financial Assistance)
(1) The Mayor may provide administrative assistance to organizations operated for the following activities and may subsidize such organizations for necessary operating expenses, within budgetary limits:
1. Restoration of the ecosystem of Hangang and improvement of park facilities;
2. Conservation and improvement of the quality of water, environment, ecosystem, and landscape;
3. Development of inherited culture, art, and history of Hangang;
4. Management of various cultural events or ecological programs;
5. Management of community experts in Hangang Park;
6. Other programs and activities deemed appropriate for the conservation and use of Hangang.
(2) The organizations to which the Mayor may provide administrative and financial assistance under paragraph (1) are as follows:
1. Public interest organizations (corporations) specified by an Act for the conservation and use of Hangang;
2. Non-profit, non-governmental organizations involved in the conservation and use of Hangang;
3. Voluntary organizations and groups participating in a project or program for forming the Hangang community.
(3) If an organization referred to in paragraph (2) wishes to use a facility in Hangang Park, it may be permitted to preferentially use the facility during a specified period.
(4) Further details necessary for the method of participation of organizations, subsidization for, and management of, operating expenses, etc. shall be prescribed by Municipal Rules.
Article 17 (Prohibited Activities)
(1) No person shall conduct any of the following activities in the premises of Hangang Park:
1. Causing a tree or plant to be injured or killed without valid cause;
2. Causing another person to feel disgust or apprehend fear or to risk inflicting any harm on another person by generating a loud noise or a strong odor or by behaving in a disorderly manner under the influence of alcohol;
3. Abandoning wastes discharged by an accompanying pet (limited to urine on a structure, if the waste is urine) without removing them;
4. Unauthorized commercial activities as a peddler or street vendor;
5. Entering the Hangang Park area together with an accompanying dog without attaching a leash to the for control;
6. Camping or cooking at any place other than a designated place;
7. Dumping rubbish or waste (including cigarette butts, chewing gum, and scrap paper) at any place other than a designated place;
8. Parking a vehicle at any place other than a designated place;
9. Commercial activities conducted with a powered device with at least two wheels;
10. Entering any place other than a roadway, by a powered device with at least two wheels: Provided, That excluded herefrom are entries by a device used by the disabled, elderly, or infirm or for the maintenance of a facility, including cleaning, construction works, and repair;
11. Unauthorized farming;
12. Picking flowers and/or fruits without authorization;
13. Maltreating any animal inhabiting the park or capturing such animal without permission;
14. Not removing wastes generated while enjoying relaxation or amusement;
15. Violating the prohibition of pleasure fishing.
(2) The Mayor shall install signs at the entrances and exits of Hangang Park where the activities specified in paragraph (1) are prohibited.
Article 18 (Prohibition of Pleasure Fishing)
(1) In order to protect the quality of water of Hangang, conserve the aquatic ecosystem, and ensure the safety of citizens using Hangang, the Mayor may place restrictions on fishing gear, fishing seasons, species for fishing, fishing zones, fishing methods, etc., but further details shall be prescribed by Municipal Rules.
(2) The criteria for the demarcation of no fishing zones under paragraph (1) are as follows:
1. An area where ecological conservation is required;
2. A place near a pedestrian walkway, where any conflict with citizens using angang occur;
3. A place dangerous for fishing, such as a cutting area or cliff.
(3) If the ground for prohibition under paragraph (2) 2 or 3 ceases to exist, the Mayor shall immediately exclude the relevant area from the no-fishing zone and shall install signs giving notice of a no-fishing zone at the area designated as a no-fishing zone.
(4) When the Mayor intends to designate a no-fishing zone under paragraph (2), he/she shall gather consensus from the Citizens' Hangang Committee.
Article 19 (Control of Prohibited Activities)
(1) In order to curb the activities prohibited under Article 17, the Mayor may operate squads composed of subordinate public officials or security guards and other persons specified by Municipal Rules. Public officials or security guards shall be included in such squads.
(2) A person who controls prohibited activities shall show a badge prescribed separately by Municipal Rules, to the violating person before taking any action for control.
(3) When a public official or security guard detects any violation of Article 17 under paragraph (1), he/she shall make a document describing the place and activities of violation (attached Form 1), along with personal information, photographs, and other evidential matters: Provided, That if it is impracticable to verify personal information because the offender absconds or disobeys the public official, the relevant reason shall be described in the document.
Article 20 (Imposition of Administrative Fines)
(1) Guidelines for administrative fines imposed for breaches of Article 17 are as prescribed in attached Table 3.
(2) Any person exempted from a usage charge imposed under Article 14 (2) by fraud or other improper means shall be punished by an administrative fine equivalent to three times the amount from which the person was exempted.
(3) The Act on the Regulation of Violations of Public Order shall apply to the imposition and collection of administrative fines and the filing of written objections to the imposition and collection of administrative fines.
Article 21 (Disposal of Wastes)
(1) The Mayor shall manage and dispose of all wastes produced in the Hangang Park.
(2) The Mayor may apply different fee rates to wastes in proportion to the quantity of discharged wastes to collect disposal fees from the outsourcee or users of park facilities (hereinafter referred to as the "volume-rate disposal system"), and the wastes subject to the volume-rate disposal system shall be governed by Article 6 (2) 2 of the Seoul Metropolitan Government Ordinance on Waste Management.
(3) The outsourcee of park facilities shall comply with the relevant Municipal Rules for appropriate management and disposal of wastes, and the Mayor may supervise compliance.
(4) Matters necessary for the enforcement of the volume-rate disposal system under paragraph (2) shall be prescribed by Municipal Rules.
(5) Fee rates for waste disposal under paragraph (2) shall be prescribed by Municipal Rules within the limits on the prices for standard garbage bags for the Hangang Park stated in attached Table 4.
CHAPTER IV CITIZENS' HANGANG COMMITTEE
Article 22 (Citizens' Hangang Committee)
(1) In order to seek advice on the following matters, the Mayor shall establish and operate the Seoul Citizens' Hangang Committee (hereinafter referred to as the "Committee"):
1. Formulation of master plans, visions, strategies, and long- and short-term tasks for the restoration of the ecosystem of Hangang;
2. Installation and efficient management and use of major facilities in Hangang;
3. Inspection of the progress of restoration and use of Hangang;
4. Measures for cooperation with organizations referred to in Article 16;
5. Other matters concerning the conservation and management of Hangang.
(2) The Committee shall be comprised of not more than 30 members, including two chairpersons and four vice chairpersons.
(3) The Vice-Mayor 2 for Administrative Affairs and one member elected by, and from among, commissioned members shall serve as chairpersons. The commissioned member nominated by the greatest number of members shall be appointed as chairperson in such cases.
(4) Committee members shall be appointed or commissioned by the Mayor from among the following persons:
1. Ex officio members: Vice-Mayor 2 for Administrative Affairs, the Director General of the Hangang Project Headquarters, and the Directors General specified by Municipal Rules;
2. Commissioned members: Members of the Seoul Metropolitan Council and persons who have knowledge and expertise in park environments and ecosystems, the restoration of nature, waters, urban planning, landscape, or culture.
(5) The term of office of a committee member who is a public official shall coincide with the term of service for his/her official position; the term of office of a committee member who is not a public official shall be two years, but may be renewed consecutively; and the term of office of a member of the Metropolitan Council shall coincide with the term of office for the relevant standing committee: Provided, That the term of office of a committee member appointed or commissioned to fill a vacancy shall coincide with the remaining term of office of his/her predecessor.
(6) The Committee may form and operate sectional committees and sub-committees for efficient operation, but further details thereof shall be prescribed by Municipal Rules.
Article 23 (Operation of Committee)
(1) The chairperson shall convene meetings of the Committee and shall preside over such meetings.
(2) Meetings of the Committee shall be classified as regular meetings and extraordinary meetings; regular meetings shall be convened semiannually, while special meetings may be convened in the following cases:
1. Upon the Mayor's request to convene such meeting;
2. Upon the chairperson's request to convene such meeting;
3. Upon the request of at least one-third of current members of the Committee (or sectional committee or sub-committee) to convene such meeting.
(3) A meeting of the Committee shall be duly formed with the attendance of a majority of current members, and a resolution shall be adopted by concurrent votes of a majority of members present at the meeting. The chairperson also has a vote in such cases.
(4) The Committee shall keep meeting minutes and may disclose them to the public, if necessary.
(5) The members who attend a meeting (including meetings of a sectional committee or sub-committee) or who participate in the Committee's activities and the persons who provide labor or services separately for collection of data necessary for a meeting and examination and advice on agenda items may be paid allowances and reimbursed travel expenses, within budgetary limits.
(6) The Mayor shall report the resolutions adopted by the Committee to the Metropolitan Council before putting the resolutions into action.
Article 24 (Enforcement Rules)
Other matters necessary for the enforcement of this Ordinance shall be prescribed additionally by Municipal Rules.
1 (Park Facilities (pursuant to subparagraph 3 of Article 3))