20055-001.hwp     
 

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE INSTALLATION AND OPERATION OF PUBLIC FACILITIES IN HANGANG PARK



Ordinance No. 2444, May 11, 1989

Amended by Ordinance No. 2490, Jul. 18, 1989

Ordinance No. 2498, Aug. 17, 1989

Ordinance No. 2930, May 12, 1992

Ordinance No. 2987, Mar. 18, 1993

Ordinance No. 3286, Apr. 15, 1996

Ordinance No. 3684, Mar. 20, 1997

Ordinance No. 3586, Mar. 20, 1999

Ordinance No. 3655, Jul. 31, 1999

Ordinance No. 3684, Nov. 15, 1999

Ordinance No. 4146, Sep. 30, 2003

Ordinance No. 4354, Dec. 29, 2005

Ordinance No. 4526, May 29, 2007

Ordinance No. 4588, Dec. 26, 2007

Ordinance No. 4887, Nov. 11, 2009

Ordinance No. 4897, Jan. 7, 2010

Ordinance No. 5186, Oct. 27, 2011


Article 1 (Purpose)

The purpose of this Act is to provide for matters necessary for the installation and operation of facilities for citizens' use along the Hangang (River) in order to help citizens make good use of their leisure time and encourage their participation in physical activity.

Article 2 (Definitions)

"Facilities for citizens' use (hereinafter referred to as "public facilities")" in this Ordinance refer to the following facilities:

1. Water facilities:

(a) Ships (boats, yachts, sailing boats, motor boats, the Hangang Renaissance, Hangang Ara,  lifesaving boats, and other ships), moorings, wharfs, yacht marinas, and water call-taxi stands;

(b) Yeouido Water Color Stage;

(c) Other facilities on the water;

(d) Facilities and equipment directly required for the operation of the facilities under items (a) through (c);

2. Sports facilities:

(a) Fields and courts for soccer, volleyball, basketball, baseball (for children and adults), tennis, badminton, gate-ball, wood-ball, and Korean traditional archery, the Ichon Inline-Roller Skating Rink, X-game facilities, lawn bowling fields, park golf courses, artificial rock climbing walls, and ancillary facilities and equipment;

(b) Other facilities necessary for citizens' sports activities;

3. Recreation facilities:

(a) Camping grounds, fountains, waterside playgrounds, swimming pools, sun-tanning places, observation platforms, and fishing places (places not designated as no-fishing zones in the Hangang); 

(b) Other similar facilities provided as spaces for relaxation;

4. Learning facilities:

(a) Nature centers, fish canals, ecological learning facilities (waterside ecological learning centers, the Hangang Wildlife Exploration Center), the Yeouido Saetgang Visitors' Center, and lecture halls;

(b) Other similar facilities provided as spaces for learning;

5. Facilities for citizens' convenience:

(a) Food stands and cafeterias;

(b) Bridge observation cafes, cultural observation complexes (Jabeolrae), open-air amphitheaters, outdoor stages;

6. Amusement facilities:

(a) Children's playgrounds, bicycle parks (fascinating bicycle experience tracks, rail-bikes, MTB courses, extreme tracks, bicycle training tracks, etc.), facilities for take-off and landing of model planes, racing tacks, and bicycle rental shops;

(b) Other similar facilities provided as spaces for recreation;

7. Park convenience facilities:

(a) Parking lots, toilets, bicycle stands, lighting facilities, drinking fountains, and shades;

(b) Other similar facilities provided for convenience;

8. Landscaping facilities:

(a) Lawn, flower complexes, rape flower complexes, reed fields, barley fields, grasslands, banks;

(b) Other similar facilities provided for beautifying the scenery of Hangang Park;

9. Other facilities installed along the Hangang in order to help citizens make good use of their leisure time and encourage their participation in physical activity.

Article 3 (Installation of Public Facilities)

The Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall install public facilities in Hangang Park for citizens' use. 

Article 4 (Commissioned Operation)

(1) The Mayor may commission a corporation, organization, or private individual to perform all or some affairs concerning the management and operation of the public facilities installed pursuant to Article 3.

(2) Each person who will operate public facilities on commission under paragraph (1) shall be ed by an open competitive tender, and the commissioning period shall not exceed three years.

(3) Each person who intends to operate public facilities on commission pursuant to paragraph (1) shall file an application with the Mayor.

(4) Matters necessary for the ion of persons to operate public facilities on commission and the operation of such public facilities shall be prescribed by the relevant Rule.

(5) The Seoul Metropolitan Government Ordinance on the Entrustment of Administrative Affairs to Private Sector shall apply mutatis mutandis to the obligations of persons to operate public facilities on commission, the guidance and supervision thereof, and the revocation of commissioning.

Article 5 (Service Charges, etc.)

(1) The Mayor shall collect service charges prescribed by the relevant Rule within the limits set out in Table 1, from persons who use public facilities.

(2) The Mayor may exempt a person from service charges fully or partially in any of the following cases:

1. Events, etc. hosted or sponsored by the State or a local government;

2. Persons acknowledged by the Mayor to require special exemption from service charges, such as persons with disabilities, persons of distinguished service to the State, elderly persons over 65 years, and families who hold the Multi-Children Happiness Card.   

(3) The extent of reduction or exemption from service charges under paragraph (2) shall be prescribed by the Enforcement Rule.

(4) Each person who has been exempted from service charges pursuant to paragraph (1) by fraud or other wrongful means shall be levied a fine for negligence equivalent to three times the exempted amount.

(5) Article 140 of the Local Autonomy Act shall apply to the procedures for the imposition and collection of service charges under paragraph (1) and objections thereto, and the Act on the Regulation of Violations of Public Order shall apply to the imposition and collection of fines for negligence under paragraph (4) and objections thereto.

(6) The Mayor may commission persons who are commissioned to operate public facilities under Article 4 to collect service charges under paragraph (1):

Articles 6 through 9 Deleted.

Article 10 (Disposal of Wastes, etc.)

(1) The Mayor shall dispose of all wastes generated from Hangang Park in an appropriate manner.

(2) The Mayor may collect fees from persons who operate public facilities on commission or users thereof at differential rates according to the quantity of wastes discharged from such public facilities (hereinafter referred to as the "quantity-based system"), and Article 6 (2) 2 of the Seoul Metropolitan Government Ordinance on Wastes Control shall apply to the wastes subject to the quantity-based system.

(3) Matters necessary for the implementation of the quantity-based system under paragraph (2) shall be prescribed by the Enforcement Rule.

(4) Fees for the disposal of wastes under paragraph (2) shall be prescribed by the Enforcement Rule within the prices of standard garbage bags for Hangang Park under Table 2.

Article 11 (Enforcement Rule)

Matters necessary for the enforcement of this Ordinance shall be prescribed by the relevant Enforcement Rule.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.  


ADDENDA

(1) (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.

(2) (Transitional Measure concerning Commissioned Operation)

Persons who are operating public facilities on commission at the time this Ordinance enters into force shall be deemed to have been commissioned pursuant to the provisions of this Ordinance until the expiration of the commissioning period already executed.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDA

Article 1 (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.

Articles 2 through 4 Omitted.


ADDENDUM

This Ordinance shall enter into force 30 days after the date of its promulgation.


ADDENDA

(1) (Enforcement Date)

This Ordinance shall enter into force one month after the date of its promulgation.

(2) (Transitional Measure concerning Selection of Operators of Food Stands)

Notwithstanding Article 4 (1) and (2), food stands under the amended provisions of subparagraph 7 of Article 2 shall be operated under negotiated one-year contracts, but such contracts shall finally expire on December 31, 2007. In such cases, each person who intends to execute a negotiated contract with the Mayor shall submit a prior-to-trial composition deed.

(3) (Transitional Measure concerning Persons who Execute Contracts on Food Stands)

Each person who has executed a negotiated contract with the Mayor on a food stand at the time this Ordinance enters into force shall be deemed to have executed the negotiated contract pursuant to paragraph 2 of the Addenda.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


 ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.


ADDENDUM

This Ordinance shall enter into force on March 1, 2010.


ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.