Provisions of Ganzhou Municipality on Prohibiting and Restricting the Setting off of Fireworks and Firecrackers

Provisions of Ganzhou Municipality on the Administration of Prohibiting and Restricting Fireworks and Firecrackers.

Article 1 In order to strengthen the management of fireworks and firecrackers, prevent and control noise and air pollution, effectively improve the quality of the atmospheric environment, ensure the personal and property safety of citizens, and maintain public safety and social order, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution, the Regulations on the Safety Management of Fireworks and Firecrackers, the Regulations on the Administration of Ganzhou City, the Measures for the Safety Management of Fireworks and Firecrackers in Jiangxi Province and other relevant laws and regulations, and combined with the actual situation of this Municipality.

Article 2 These Provisions shall apply to the administration of fireworks and firecrackers in this Municipality.

Article 3 Fireworks and firecrackers are prohibited in the following areas of this Municipality:

(1) zhanggong district, Ganzhou Economic and Technological Development Zone and Rongjiang New District;

(two) the central city of Nankang District and the relevant nearby areas determined by the Nankang District People's Government;

(three) the central city of Ganxian District and the relevant nearby areas determined by the people's government of Ganxian District.

Article 4 Fireworks and firecrackers are prohibited in the following places and areas outside the areas listed in Article 3 of these Provisions:

(a) cultural relics protection and preservation units and nature reserves;

(2) Transportation hubs such as stations, docks and airports and railway line safety protection zones;

(3) Gas stations, oil depots, liquefied petroleum gas stations, oil pipelines and gas stations, and places where inflammable and explosive articles such as grain, cotton, oil and hemp are produced, sold, stored and used;

(4) Safety protection zones for power generation, power transmission and transformation facilities and the vicinity of overhead communication lines and military facilities;

(5) State organs, organizations, enterprises and institutions, medical institutions, nursing homes, kindergartens, nurseries, institutions of higher learning and primary and secondary schools;

(six) forest, green space, nursery, cemetery and other key fire prevention areas;

(7) Urban bridges and underground spaces;

(eight) parks, shopping malls, bazaars, residential areas, public places of entertainment and other crowded places.

Article 5 Except for Item (1) of Article 3, the people's governments of other counties (cities, districts) shall, according to local conditions, delimit areas where fireworks and firecrackers are restricted or prohibited, and formulate regulations or implementation plans for restricting or prohibiting fireworks and firecrackers.

Sixth in the area where fireworks are prohibited, no outlets for fireworks may be planned.

Before the formal implementation of these Provisions, units and individuals that have obtained the business license of fireworks and firecrackers in areas where the establishment of fireworks and firecrackers business outlets is not allowed may continue to engage in the original approved business activities within the validity period of the license, and will not continue to examine and approve after the expiration.

The units and individuals specified in the preceding paragraph shall assist the relevant functional departments in publicizing and explaining the prohibition of fireworks and firecrackers, and inform consumers of the regional and legal consequences of the prohibition of fireworks and firecrackers.

Seventh in the area where fireworks are prohibited, the county (city, district) people's government shall, in accordance with the principle of "ensuring safety, reasonable layout and moderate competition", strictly plan and distribute fireworks and firecrackers, and strictly implement the basic safety conditions of fireworks and firecrackers retail stores (points).

Article 8 Where large-scale fireworks display activities such as fireworks evening are held, the organizer shall apply to the public security department for a fireworks display license according to law, and the fireworks display operation unit that meets the requirements of industry standards shall conduct fireworks display operations in accordance with the approved fireworks display operation plan.

The public security organ that made the license shall announce to the public the time, place, type, specification and quantity of the license discharge.

The public security department shall strictly examine the qualifications of fireworks display units and operators of fireworks display or other large-scale fireworks display activities, and supervise, inspect and guide the organizers to do a good job in security, fire rescue and vigilance.

Ninth fireworks shall comply with the following provisions:

(1) No fireworks and firecrackers shall be projected or thrown at people, vehicles, buildings and structures;

(two) shall not hinder the safe passage of pedestrians and vehicles and affect traffic order;

(three) fireworks and firecrackers shall not be set off in other ways that endanger public safety and personal and property safety.

If a person without or with limited capacity for civil conduct sets off fireworks and firecrackers, he shall be accompanied by a guardian or other adults.

After the fireworks are set off, dust suppression measures such as sprinkling and cleaning should be taken in time to reduce the impact on the environment.

Tenth people's governments at all levels in this Municipality (administrative committees and offices) shall strengthen their leadership over the management of fireworks and firecrackers, and incorporate the management of fireworks and firecrackers into the work of civilization creation and comprehensive social management.

Eleventh public security department is the competent department of fireworks management, responsible for the safety management of fireworks.

Environmental protection departments should strengthen environmental monitoring of fireworks and firecrackers, publish relevant information in a timely manner, and respond to social concerns.

Safety supervision, urban management, market supervision (industry and commerce, quality supervision), urban and rural planning, administrative examination and approval, supply and marketing cooperatives and other departments shall, according to their respective functions and duties, do a good job in the management of fireworks and firecrackers.

Twelfth towns (streets) should be under the guidance of the county (city, district) people's government (CMC) and relevant departments, according to the actual situation in the region, organize the management of fireworks and firecrackers.

Thirteenth residents' committees and villagers' committees shall cooperate with the management of fireworks and firecrackers, strengthen the publicity and education of residents and villagers, and cooperate with the inspection, dissuasion and warning of fireworks and firecrackers management.

Fourteenth organs, organizations, enterprises and institutions shall carry out publicity and education activities in their own units to prohibit the discharge of fireworks and firecrackers.

Radio, newspapers, television, Internet and other media should do a good job in the publicity of fireworks management.

Schools should educate and manage students to set off fireworks and firecrackers.

Fifteenth property services companies should urge owners to abide by the relevant provisions prohibiting the discharge of fireworks and firecrackers, and do a good job in safety reminders and related preventive work; Those who set off fireworks illegally should be discouraged. If dissuasion is ineffective, report the case to the public security organ in time.

Article 16 Hotels, hotels and other service enterprises shall abide by the regulations on fire control safety management, and shall not provide fireworks and firecrackers service in areas and time when fireworks and firecrackers are prohibited, and shall inform customers of the regulations prohibiting fireworks and firecrackers, and promptly discourage them from setting off fireworks and firecrackers. If dissuasion is ineffective, it shall report to the public security organ in time.

Seventeenth any unit or individual has the right to discourage and report violations of these provisions. Public security, urban management, market supervision (industry and commerce, quality supervision), environmental protection and other departments shall promptly investigate and deal with the report after receiving it. The public security organ shall handle the dissuasion and informer according to law, and shall not take revenge.

Eighteenth illegal fireworks confiscated and abandoned by business units shall be sealed on the spot, and the public security department shall organize the destruction and disposal.

Nineteenth civil servants of state organs, people's organizations, state-owned enterprises and institutions in this Municipality shall take the lead in observing these provisions. In violation of the provisions, in addition to accepting administrative punishment, according to the seriousness of the case, the relevant departments shall be held accountable according to their duties and powers.

Article 20 Whoever, in violation of these regulations, operates fireworks and firecrackers in areas where fireworks and firecrackers are prohibited shall be dealt with according to law by the departments of safety supervision, administrative examination and approval, market supervision (industry and commerce, quality supervision) and urban management.

Twenty-first in violation of the provisions of this Ordinance, in the area where fireworks are prohibited, the public security organ shall order it to stop the discharge and impose a fine of more than 65438 yuan in 500 yuan. Do not listen to dissuasion, continue to set off fireworks and firecrackers, and hinder administrative organs from performing official duties according to law. If the circumstances are serious, the public security organ shall detain them for more than five days and less than ten days. Whoever causes personal or property damage to the state, the collective or others shall bear civil liability according to law; If it constitutes a violation of public security administration, it shall be punished in accordance with the relevant provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-second operators and property service enterprises that provide wedding, banquet and funeral services in violation of these provisions do not perform fire safety responsibilities, and shall be punished in accordance with the relevant provisions of the Jiangxi Provincial Fire Protection Regulations.

Twenty-third unauthorized fireworks party or other large-scale fireworks display activities, the public security organ shall order it to stop the discharge, and impose a fine of more than 30 thousand yuan 1 10 thousand yuan on the responsible unit. If the circumstances are serious, a fine of not less than thirty thousand yuan but not more than fifty thousand yuan shall be imposed.

Article 24 Whoever transports fireworks and firecrackers by road without permission shall be ordered by the public security organ to stop illegal transportation activities, and be fined between 654.38 million yuan and 50,000 yuan, and the illegally transported articles and illegal income shall be confiscated.

Twenty-fifth administrative departments and their staff in violation of these provisions, under any of the following circumstances, the competent department at a higher level or the relevant departments shall order them to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(a) the illegal operation and illegal discharge of fireworks and firecrackers are not investigated and dealt with according to law;

(two) the license does not meet the statutory conditions of fireworks business and discharge;

(three) do not accept the report of informants, not timely investigation and handling;

(four) other acts of abuse of power, dereliction of duty, favoritism.

Article 26 These Provisions shall come into force as of the date of promulgation.