Suggestions on the revision of Luoyang's comprehensive ban on setting off fireworks and firecrackers

Announcement notice

Luo Zheng [2020] No.33

County District People's government, the Municipal People's government departments and relevant units:

After the study by the municipal government, combined with the actual economic and social development of our city, Article 2 of the Notice of Luoyang Municipal People's Government on the Total Prohibition of Fireworks and Firecrackers adds a paragraph "If it is really necessary to set off fireworks and firecrackers due to special circumstances, it shall be implemented according to the procedures with the consent of the municipal government" as the second paragraph of Article 2. The revised notice is hereby issued, please implement it carefully.

September 9(th), 2020

Luoyang Municipal People's Government

Notice on the comprehensive prohibition of fireworks and firecrackers

Article 1 In order to protect the personal and property safety of the public and citizens, and prevent noise and air pollution, this circular is formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution, the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution and the Regulations of the State Council on the Safety Management of Fireworks and Firecrackers, and in combination with the actual situation of this Municipality.

Article 2 No unit or individual is allowed to produce, transport, manage, store and set off fireworks and firecrackers in the administrative areas of jianxi district, Xigong District, Old Town, Hehehui District, Luolong District and Jili District, and the administrative areas of High-tech Zone, Yibin District and Longmen Administrative Committee of this Municipality.

If it is really necessary to set off fireworks and firecrackers due to special circumstances, it shall be implemented according to the procedures with the consent of the municipal government.

The time, area and types of the county's prohibition of setting off fireworks and firecrackers are determined and announced by the county people's government.

If the transportation of fireworks and firecrackers outside the forbidden zone needs to pass through the forbidden zone, it shall be approved by the public security organ according to law and abide by relevant laws and regulations.

Article 3 It is forbidden to carry fireworks and firecrackers on public transport. It is forbidden to mail fireworks and firecrackers, and it is forbidden to carry fireworks and firecrackers in checked baggage, parcels and mails.

Fourth city supply and marketing cooperatives should strengthen the management of fireworks business activities of enterprises in this system.

Fifth radio, television, newspapers and other news media, should do a good job of prohibiting the discharge of fireworks and firecrackers. Schools should carry out publicity and education on the prohibition of setting off fireworks and firecrackers.

Article 6 When hotels, restaurants and wedding service operators undertake festival activities, they shall inform consumers in writing of the regulations prohibiting the discharge of fireworks and firecrackers to discourage illegal discharge of fireworks and firecrackers. If dissuasion is ineffective, it shall report to the public security organ.

Seventh shall not be in hospitals, schools, institutions, scientific research units, residential buildings and other noise-sensitive areas to set off electronic fireworks; In other areas, the noise shall not exceed the "community noise emission standard"; Modification of electronic fireworks vehicles needs to be filed with the public security traffic police department.

Eighth guardians of minors shall educate minors about the prohibition of fireworks and firecrackers, and stop minors from setting off fireworks and firecrackers in areas where fireworks and firecrackers are prohibited.

Minors who set off fireworks and firecrackers shall be ordered by the public security organs to strictly discipline their guardians; If personal or property damage is caused to the state, the collective or others, the guardian shall be liable for compensation according to law.

Article 9 Any unit or individual has the right to dissuade and report violations of this Circular, and the telephone number for reporting is 1 10. Those who take revenge on informants shall be investigated and dealt with by public security organs according to law.

Tenth in the time and place where fireworks are prohibited, or in a way that endangers the public and personal and property safety, fireworks and firecrackers shall be punished in accordance with the provisions of Article 42 of the Regulations on the Safety Management of Fireworks and Firecrackers in the State Council.

Eleventh carrying fireworks by public transport, or sending fireworks by mail and carrying fireworks in checked luggage, parcels and mail, shall be punished in accordance with the provisions of Article 41 of the Regulations on the Safety Management of Fireworks and Firecrackers in the State Council.

Twelfth of the unauthorized production and operation of fireworks products, according to the State Council "fireworks safety management regulations" provisions of article thirty-sixth.

Thirteenth fireworks transported by road without approval shall be handled according to the provisions of Article 36 of the Regulations on the Safety Management of Fireworks and Firecrackers in the State Council.

Fourteenth this notice is organized and implemented by the people's government and the restricted area management committee.

Public security, emergency management, urban management, market supervision, ecological environment and other departments shall investigate and deal with illegal production, storage, operation, transportation and discharge of fireworks and firecrackers according to their respective responsibilities.

The District People's Government, the Administrative Committee and its relevant departments, the Township People's Government, and the sub-district offices in the forbidden area shall incorporate the work of prohibiting the discharge of fireworks and firecrackers into grid management, carry out publicity activities to prohibit the discharge of fireworks and firecrackers, and educate, guide and urge the units and individuals within their jurisdiction to abide by these provisions.

Fifteenth this notice shall come into force as of June 5, 2020.

Attachment: Basis of relevant administrative regulations

attachment

Basis of relevant administrative regulations

1. Article 36 of the Regulations on the Safety Management of Fireworks and Firecrackers: Those who produce and operate fireworks and firecrackers without permission, or sell black powder, pyrotechnics and fuses to units or individuals that have not obtained the safety production license for fireworks and firecrackers, shall be ordered by the safety production supervision and management department to stop illegal production and operation activities, and be fined between 20,000 yuan and 654.38 million yuan, and the articles and illegal income illegally produced and operated shall be confiscated.

For those who transport fireworks and firecrackers by road without permission, the public security department shall order them to stop illegal transportation activities, impose a fine of 1000 yuan to 50000 yuan, and confiscate the illegally transported articles and illegal income.

Illegal production, operation and transportation of fireworks and firecrackers, which constitutes a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

2. Article 41 of the Regulations on the Safety Management of Fireworks and Firecrackers: Those who take fireworks and firecrackers by public transport, or send fireworks and firecrackers by post, or carry fireworks and firecrackers in checked luggage, parcels and mails, shall be confiscated by the public security department, and may be fined between 200 yuan and 65,438 yuan.

3. Article 42 of the Regulations on the Safety Management of Fireworks and Firecrackers: If large-scale fireworks display activities such as fireworks parties are held without permission, or the fireworks display operation units and workers violate the fireworks display safety regulations and the fireworks display operation plan, the public security department shall order them to stop the discharge, and impose a fine of 1 10,000 yuan but not more than 50,000 yuan on the responsible units.

Fireworks are set off at the time and place where fireworks are prohibited, or in a way that endangers public safety and personal and property safety, the public security department shall order it to stop and impose a fine of more than 500 yuan 100 yuan; Those who violate the administration of public security shall be punished according to law.