Basic Ordinance for Chiryu Town Planning

As the “Bill for the Enactment of the Basic Ordinance for Chiryu Town Planning” was submitted and passed at the regular City Council meeting in March 2005, the ordinance that defines basic rules of the town planning came into force on April 1, 2005. This ordinance provides for the roles of the citizens, city council, and local government, as well as the basic rules for the collaborative planning of the town. This ordinance is considered as the guiding principle for the local administration.

Along with the development of the decentralization, it is required for the municipal governments to take the initiative to think and act, in other words, to build the autonomy for the administration. It is significantly important to promote unique and characteristic town planning under the basic principles of ” self-determination” and “self-responsibility”.

In order to proceed with such unique and characteristic town planning, it is necessary to expressively state the basic point of view of the autonomous administration, and for the citizen, city council, and the government to share that vision.

Therefore, to further promote our efforts, we must clearly define the basic issues regarding the local administration such as what we should value, and what approaches we should take to promote the town planning of our city in the form of the ordinance.

This ordinance includes the fundamental principles of our town planning, the roles of the citizens and the city, and the basic issues regarding the collaborative town planning.

Based on the basic understanding that it is important to build Chiryu City to become the place where everybody feels comfortable and happy to live in through the collaborative work, this ordinance was enacted.

This ordinance respects the objectives of the City Council Meeting on the Enactment of the Basic Ordinance for Chiryu Town Planning. It consists of a Preamble, twenty-one articles of Main Provisions, and one paragraph of Supplementary Provision. In addition, special attention was paid to make sure that all the articles were written in such a way that the citizens feel approachable and easy to understand.

Our city, Chiryu is a fascinating town where the scenery of the great historical heritage and the city blend in harmony, and attracts many people.

We, as citizens, have gathered, been born and raised, learned and worked, lived, and created our own history and foster the culture, here in this city.

While making our community – including the local resources and culture, which we inherited from our ancestors – a comfortable place to live, we must work together so that we can pass on our abundance to the next generation.

Therefore, it is important for the citizens to proactively participate in the town planning, on their own and at their own responsibilities.

Each one of the citizens should take the initiative to think about and proactively participate in the town planning to promote the autonomy of our town. Then, through the collaboration among the citizen, the city council, and the city, we must realize the community where the individuality and ability of each person would contribute to the town planning.

Based on this understanding, to share the ideas of Chiryu town planning, and make this city the place where everybody feels happy and comfortable to live in, the Chiryu Town Planning Basic Ordinance is hereby enacted.

♦ To indicate the basis of the autonomy by Chiryu citizens and where it stands, the preamble is created at the enactment of this ordinance.

The Constitution and all other laws called “Basic Laws” must have preambles to state the objectives and basic ideas of the enacted law. In this ordinance, we created the preamble, so that the background behind the enactment of the ordinance, how the autonomy should be, and the profile of the town, etc. are described.

Article 1.

This ordinance aims at clarifying the fundamental principles of Chiryu town planning, as well as realizing the rich and abundant community by establishing the fundamentals for promoting the collaborative town planning.

♦ The purpose of the Ordinance is defined in Article 1.

Since the necessity of the ordinance (background and objectives, etc.) is defined in the preamble, in Article 1, it is defined “to establish the fundamental principles and basic issues to promote the collaborative town planning, and realize the community that is rich and abundant” as the purpose of this ordinance.

Article 2

In this ordinance, the meanings of the following terms shall be set forth in the following items.

(1)    Citizen: Person who lives, works, and studies in the city, as well as a person who runs business or an organization active in the city.

(2) Collaboration: To think, cooperate, and act together based on the role and responsibility of the individual, to resolve local issues.

(3) Participation: Citizens’ proactive participation in the process of town planning, as well as their involvement in the decision-making.

(4) Community: Organization or group that is independently formed by local residents for the purpose of helping each other, and voluntarily trying to resolve the issues in the community.

♦ The important terms used in this ordinance, which should be commonly understood by everyone, are defined in Article 2.

Article 3

Citizens, City Councils, and the City shall abide by the basic principles of collaboration, in order to promote the town planning stated below:

(1) People and environment friendly town planning in which everybody lives healthy lives with peace of mind
(2) Town planning to create a society in which people gather and interact
(3) Town planning in which nurture the children of the future generation
(4) Town planning in which respect of each other’s human rights, and foster the compassion
(5) Town planning in which value arts and culture

2. As a general rule, Citizens, City Council, and the City shall make the sharing of information.

3. As a general rule, Citizens, City Council, and the City shall respect one another and always make an effort to build a relationship of trust.

♦ The fundamental principles for the town planning of Chiryu are defined in Article 3.

This ordinance seeks to promote the town planning through the citizen participation and collaboration. Citizens actively participate in the local administration while sharing the information on the town planning, and promote the town planning in collaboration with the city, thereby true autonomy of the entire citizen is established. This is the goal of this ordinance.

There are five goals for the town planning.

(1)    “Nature, Environment, Disaster prevention, Crime prevention, Welfare, and Health”
To proceed with the town planning that enables people to live comfortably with peace of mind, and utilize the nature of Chiryu City as an important element of their life without damaging the surrounding environment, as well as to proceed the town planning that enables people to live well through the promotion of the health of citizens.

(2)    “Economy and Industry”
To promote the energetic town planning by taking advantage of the good transportation environment, enhancing the convenience of various civic activities and rejuvenating the local industry.

(3)    “Future generation and Education”
To develop children’s ability to survive, it is important for them to learn diverse knowledge and abilities in their own community. The town planning that enables children of the future generation to look forward to their bright future full of hope, and to continue to live healthy lives comfortably with peace of mind shall be proceeded.

(4)    “Basic human rights”
To work towards the common goal of town planning, it is necessary to proceed based on the respect for basic human rights of every citizen. We need to proceed with the town planning in which respect of the individual human rights, where one citizen care for one another.

(5) “History and Culture”
The history, culture, and arts which our ancestors have built make our lives more relaxed and give us peace of mind. We will proceed with the town planning that enables us to pass down this history and culture to posterity while creating a new culture of Chiryu.

Article 4.

The citizens have rights to know the information regarding the town planning.

2. The citizens have rights to participate in the town planning.

♦ The rights of citizens as sovereigns, which are the basis of the autonomy, are defined in Article 4.

It express the idea that in order for the citizens to take the initiative in thinking and acting, they should be well informed and explained about various information and the outlook of town planning. Since the original concept of the town planning is that the citizens are able to make an argument on the level field through the information sharing, the right to obtain necessary information is defined in Article 4. It guarantees that the citizens are the sovereigns of local administration, and they are widely involved in the local politics such as to form, conduct, and evaluate the government’s policy, as well as in the decision-making. This indicates that the citizens play the leading role in the town planning. They will actively participate in the town planning and express their opinions to promote the town planning through the participation and collaboration. Also, as it is a “right”, there should not be any disadvantage for the people who do not participate.

Article 5.

In accordance with the fundamental principles of the town planning, the citizens should take the initiative in the town planning.

2. The citizens should take responsibilities for their words and actions while participating in the town planning.

♦ The responsibilities of the citizens to proceed with the town planning are defined in Article 5.

The citizens have the rights described in Article 4 to promote the town planning, at the same time, they should also be responsible for those rights. The responsibility of the citizens is viewed not as the legal obligation, but the responsibility that should be voluntarily taken on their own will. In Article 5, it is defined that the citizen themselves should recognize that they are the leaders of the autonomy, and also from the viewpoint of self-determination and self-responsibility, they should take responsibility for their own words and actions.

Article 6.

As community plays a leading role in the local society, the Community shall make efforts to actively take part in the town planning.

2. Citizen shall recognize the role of community, protect and foster the community.

3. City shall respect the independence and self-sustainability of the community, and support its activities according to their need.

♦ The role of the community as a leader in the local society is defined in Article 6.

It is very important to build a community where people help and support each other, and live active lives. The Article 6 expresses the idea that it is required for the community to take charge of the town planning by resolving various issues, which cannot be resolved only by the local administration, through the self-motivated and voluntary activities and collaboration with the city citizens in the region. There are two different types of groups in the community. One is the group such as chonaikai (neighborhood association) that is formed based on the fact that they live in the same neighborhood, and the other is the group such as volunteer group and NPO (non-profit organizations) that is formed based on the pursuit of the same purpose. Both types of groups are considered essential for town planning, and they are regarded accordingly.

Article 7. 

As a collegial decision-making body to represent citizens’ opinions and to have the right to vote and the right to investigate, the City Council must contribute to the development of the democratic local administration.

♦ The responsibility of the City Council, which is the organization representing the citizens, is defined in Article 7.

Article 8

The city shall implement necessary measures to promote the town planning described in each item of Paragraph 1 of Article 3.

2. The city shall reflect the opinions of citizens regarding town planning and also implement necessary measures to ensure opportunities to participate in town planning.

3. The city shall encourage citizens to proactively participate in town planning activities and support such activities according to their needs.

♦ The responsibility of the city is defined in Article 8.

Based on the understanding that citizens should play a leading role in town planning, things that the city should do and the responsibilities that the city should undertake are defined in Article 8. The city needs to implement necessary measures to proceed with town planning described in Items (1) to (5) of Paragraph 1 of Article 3 through collaboration with citizens. In order to do so, it is necessary to develop systems that are easy for citizens to participate in and organize environments for them, so the opinions of citizens should be reflected in town planning to the maximum extent. Support for citizens’ activities is also defined to help them proactively participate in town planning.

Article 9

As the representative of the city, the mayor shall run local administration fairly and honestly.

2. The mayor shall guarantee the right of citizens to obtain information regarding town planning as well as the right to participate in town planning, and at the same time, he shall implement measures to help them exercise such rights.

3. Based on the idea of town planning, the mayor shall promote town planning through collaboration and respond to the trust of citizens.

♦ The responsibility of the mayor is defined in Article 9.

The mayor has a considerable authority as the representative of the municipal government. In order to promote the autonomy, how the local administration should be run in compliance with this ordinance is defined. As one who has the executive power, to fulfill the expectation of citizens as a representative of the city, the mayor shall strive to proceed with town planning to run the local government fairly and honestly, and to build a community that is rich and abundant. Paragraph 2 guarantees the rights of citizens stipulated in Article 4.

Article 10

The city shall actively disclose and/or provide information to the public in order to realize the local administration that is fair and transparent.

♦ The disclosure and provision of information to citizens is defined in Article 10.

The provision of information based on the accountability to citizen and information sharing between the city and its citizen are essential to building relationships of trust between them. In Article 10, it is designated that as an open autonomous body, the city should actively disclose and provide information to which the public is entitled. Please note that the “Chiryu City Personal Information Protection Ordinance” was established in 2001.

Article 11

The city shall seek to protect personal information.

♦ The protection of personal information is defined in Article 11.

Disclosure and provision of the information is important, but the city is also obliged to protect the personal information of citizens to protect basic human rights such as privacy. Please note that the “Chiryu City Personal Information Protection Ordinance” was established in 2001.

Article 12

When policies are drafted, decided, and implemented, the city shall strive to take responsibility to explain necessity and validity thereof to the citizens.

2. The city shall strive to respond promptly to the comments, requests, suggestions, and so forth of citizens.

♦ The city’s accountability and responsibility to respond to citizens are defined in Article 12.

The accountability of the city such as explaining the details of administrative activities and decision-making process to citizens is defined. In particular, the progress, details, and so forth of drafting, implementation, and evaluation of the work plan of the city should be explained during each process. In addition, when comments, requests, suggestions, and so forth are received from citizens, the city shall investigate the facts and sincerely respond as soon as possible.

Article 13

The city shall formulate basic concepts based on this ordinance as well as the basic plan (hereinafter referred to as the “General Plan”) to implement such concepts.

2. The city shall understand the progress status of the General Plan stipulated in the previous paragraph, and evaluate local administration and announce the results thereof.

3. The city shall strive to plan and implement a budget reflecting the General Plan and results of evaluation of local administration to conduct sound financial management.

♦ The General Plan, evaluation of local administration, and financial management are defined in Article 13.

The General Plan to conduct affairs in local administration according to the plan in a comprehensive manner is defined based on the fundamental principles of town planning (Article 3)The Local Government Law requires that the basic concepts of the General Plan shall be formulated by the decision of the city council. By evaluating the policies, measures, and businesses that are implemented by the city, effective and efficient management of the local government, assurance of accountability, establishment of new administrative assignments, change of staff’s awareness, improvement of ability to form government policies should be sought. Citizens’ satisfaction with local administration services and their awareness should also be understood. As financial backup is required to proceed with the General Plan, effective and efficient financial management shall be conducted by reflecting achievement of the General Plan as well as the results of evaluation of local administration to both budget planning and implementation.

Article 14

The city shall coordinate and cooperate with other relevant local authorities to resolve common issues.

♦ Coordination and cooperation with other local authorities and organizations that are active in public services are defined in Article 14 to deal with the issues of a regional scope.

On a day-to-day basis, the scope of citizens’ activities extends beyond the city boundary. Therefore, it is sometimes efficient and effective for us to work together on a regional scope. To promote such town planning measures on a broader regional setting, it is crucial to coordinate and cooperate with other local authorities and so forth.

Article 15

Prior to the formulation of basic measures for the city, the city shall announce such ideas to the public and ask citizens to submit their comments, information, and expertise.

♦ The implementation of public comment is defined in Article 15.

Public comment is to announce the idea when new government policies are drafted to provide opportunities for citizens to submit opinions and information regarding such drafts, so the city can take them into consideration before making final decisions. Implementation has been stipulated as it approaches becoming firmly recognized as a system for expressing citizens’ opinions. Please note that the “Guidelines for the Implementation of the Chiryu City Public Comment System” was established in 2004.

Article 16

The mayor shall add members who are recruited from the public to committees, review boards, councils, and so forth (hereinafter referred to as “councils, etc.”)

2. As a general rule, meetings of councils, etc., shall be open to the public.

♦ Councils, etc., that are established by the city are defined in Article 16.

The city shall implement measures with reference to comments from citizens and experts to administer the municipal government. It is defined based on the idea of regarding affiliated organizations established in accordance with laws, etc., as one of the means of citizen participation. It is defined to add members who have been selected from the public to each organization existing for the process of decision-making for the city to extensively gather comments on city administration and to promote city participation. However, organizations that are not suitable for public recruiting in terms of its characteristics are not included. For example, affiliated organizations that cannot recruit members from the public, for instance, in the case of ateshoku (someone who is temporarily engaged in the job by a certain organization due to an order from a committee or board), or organizations that exclusively deal with advanced special matters shall be excluded.

*Council, etc.: Committees established in accordance with laws or ordinances, forums established by guidelines, etc., for the purpose of fielding comments from affiliated organizations such as councils and/or intellectuals and reflecting them in local administration, as well as conferences.

Article 17

The mayor can implement a referendum when he believes that it is necessary to extensively field a wide range of comments from citizens.

2. Procedures and other matters required for implementing local referendums shall be separately stipulated in other ordinances.

♦ The local referendum, a means of directly asking residents about their opinions is defined in Article 17.

In order to reflect a variety of needs of citizens in local administration more appropriately, it is necessary to utilize a method of direct democracy to supplement democracy. Referendums are held based on the idea that a “referendum” in which residents directly express their opinions is necessary to improve the autonomy of residents.

It should be regarded as a last resort that is used only in the event that it is necessary to check each resident’s opinion. The referendum stipulated in this ordinance shall be a “non-permanent” regulation, because it is implemented after the ballot measure in which requirements (who is entitled to participate in referendum, voting method, requirements for establishment, how to handle voting results, etc.) for voting in each case are stipulated is passed at the city council. If all of the cases of a referendum were handled in the same manner, the system would not be flexible, and there is a possibility that it would interfere with proper judgment. Therefore, according to each case, a different ballot measure is stipulated for each referendum, such as the scope of voters, so that the most appropriate target or means can be selected. Such requirements shall be discussed at the city council, including whether it should be implemented. Based on the Local Government Act No. 74, it is stipulated that residents can make direct requests regarding the establishment of such ballot measures. It is stipulated that city council members can submit an ordinance for a local referendum to the city council via a proposal based on the “Member’s right to submit bills” under Article 112 of the Local Government Law.

Article 18

The mayor shall establish a Chiryu City Town Planning Committee as a citizen-driven voluntary research organization to promote town planning.

♦ The establishment of the town planning committee is defined in Article 18 as one of the systems for citizen to participate.

A “Town Planning Committee” shall be established to provide an opportunity for citizens to voluntarily conduct research on town planning, and make detailed suggestions regarding local policies. It is a system of promoting town planning via the participation and collaboration of citizens by reflecting various opinions and knowledge that they have to the city administration. In the event when there is a suggestion regarding policies and so forth, the city shall promptly review its details and effects, respect the idea, and reflect it in city administration to the greatest extent.

Article 19

When enacting other ordinances or regulations, the city must respect the content of this ordinance to the full extent.

♦ Where this ordinance stands is defined in Article 19.

Since this is the basic ordinance for town planning as well as autonomous administration, it is clearly stated that this ordinance should be the reference for the revision or elimination, interpretation and application of other ordinances and regulations. In terms of the legal system, there are no superior-subordinate or hierarchical relationships between the ordinances. In the area of town planning or local administration, however, it is defined that other ordinances or regulation should comply with this ordinance as reference and respect its spirit.

Article 20

City will review the content of the ordinance at intervals no greater than five years, and the reexamination shall be conducted based on the results.

♦ The review of this ordinance is defined in Article 20.

Considering the place and role of this ordinance, it is important to review its context whether it is valid or not according to the changes in society. Although the perpetuity of the ordinance is guaranteed at the time of enactment of this ordinance, it is conceivable that the social and economic conditions could accelerate the speed of those changes. Depending on the situation, it is also possible that the amendment is required for the ordinance; therefore, the reexamination of the ordinance is defined to appropriately respond to such situation.

Article 21

Any matter not stipulated herein shall be otherwise determined by the Mayer of the Chiryu City.