Datong City Regulations on the Prohibition of Setting Off Fireworks and Firecrackers (Amended in 2000)

Article 1 In order to protect the state and collective property and the personal and property safety of citizens, prevent environmental pollution, and maintain social order, in accordance with the "Environmental Protection Law of the People's Republic of China" and the "Public Security Administration and Punishment Regulations of the People's Republic of China" " and the "Regulations of the People's Republic of China on the Management of Explosives" and other laws and regulations, and combined with the actual situation of this city, these regulations are formulated. Article 2 These regulations shall be implemented by the people's governments at all levels.

The Municipal Public Security Bureau is the department responsible for the implementation of these regulations.

Administrative departments such as industry and commerce, city appearance and sanitation, and environmental protection, as well as sub-district offices and residents (village) committees, shall assist the public security organs in the implementation of these regulations. Article 3 People's governments at all levels, sub-district offices, residents' (villages) committees, agencies, groups, enterprises and institutions shall carry out extensive and in-depth publicity and education on the prohibition of setting off fireworks and firecrackers among residents (villages), employees, and students. Article 4 The guardian of a minor shall constrain the ward to abide by these regulations. If the ward is found to have violated these regulations, he shall promptly stop the violation. Article 5 Except during the Spring Festival (lunar New Year's Eve to the 16th day of the first lunar month), it is prohibited to drive west of Yuhe along Datang Highway to the northwest to Tongzuo Highway, along Tongzuo Highway to the east to Beihuan Road, and along Beihuan Road to the northeast across Tongzuo Road. Fireworks and firecrackers are set off in the area from Feng Highway eastward to Yuhe.

From the twentieth day of the twelfth lunar month to the fifteenth day of the first lunar month, the sale of fireworks and firecrackers is allowed in the areas specified in the preceding paragraph.

The types and places where fireworks and firecrackers are sold and set off must comply with the relevant fire prevention and safety regulations of the country and Shanxi Province. Article 6 In areas where the setting off of fireworks and firecrackers is prohibited, the production, storage and sale of fireworks and firecrackers are prohibited. Article 7 When transporting fireworks and firecrackers through areas where the setting off of fireworks and firecrackers is prohibited, you must hold an "Explosives Transport Permit" issued by the city or county public security agency where the transportation is located, and comply with the provisions of this article. Article 8 Anyone who violates these regulations and commits any of the following acts in areas where the setting off of fireworks and firecrackers is prohibited shall be punished by the public security organs:

(1) If a unit sets off fireworks and firecrackers, the fireworks and firecrackers will be confiscated and a fine of more than one thousand yuan will be imposed. A fine of not more than 10,000 yuan will be imposed, and the person in charge and other responsible personnel directly responsible for the unit will be fined not less than 200 yuan but not more than 1,000 yuan; (2) If an individual sets off fireworks and firecrackers, the fireworks and firecrackers will be confiscated and fined A fine of not less than 200 yuan but not more than 500 yuan;

(3) If the guardian fails to perform his guardianship duties and causes minors to set off fireworks and firecrackers, or if the guardian fails to stop minors from setting off fireworks and firecrackers in a timely manner, the guardian shall be punished A fine of not less than 200 yuan but not more than 500 yuan;

(4) Instigating or inducing minors to set off fireworks and firecrackers. A fine of not less than RMB 500 but not more than RMB 1,000 shall be imposed;

(5) Anyone who produces, stores, or sells fireworks and firecrackers shall have the fireworks and firecrackers and illegal income confiscated, and shall be fined not less than RMB 2,000 but not more than RMB 10,000. If an unit produces, stores, or sells fireworks and firecrackers, the directly responsible person in charge and other directly responsible personnel shall be fined not less than 200 yuan but not more than 1,000 yuan;

(6) Failure to hold the "Explosives Transport Permit" Anyone who transports fireworks and firecrackers with a certificate will have the fireworks and firecrackers confiscated and be fined not less than RMB 500 but not more than RMB 2,000. Article 9 Individuals or units directly responsible for serious violations of these regulations shall be punished in accordance with the "Regulations on Penalties for Public Security Administration of the People's Republic of China and the State"; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law. Article 10 Anyone who violates these regulations and causes property damage or personal injury to the state, the collective, or others shall bear civil liability in accordance with the law. Article 11 If violations of these regulations occur within the administrative area of ????the urban-rural fringe, the public security organs in the relevant areas may impose penalties, but the same illegal act shall not be punished repeatedly. Article 12 Anyone who is dissatisfied with the decision of the public security organ to impose a fine or confiscate property may apply to the people's government at the same level or the public security organ at the next higher level for reconsideration within fifteen days from the date of receipt of the penalty decision. The review authority shall make a review decision within two months from the date of receipt of the review application. If the party concerned is dissatisfied with the reconsideration decision, he may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. If the party concerned fails to apply for reconsideration within the time limit, does not file a lawsuit with the People's Court, and fails to implement the penalty decision, the public security organ may apply to the People's Court for compulsory execution.

Article 13 Public servants of administrative agencies who implement the ban on setting off fireworks and firecrackers shall be responsible and strictly enforce the law. Anyone who neglects his duties, abuses his power, or engages in malpractice for personal gain shall be subject to administrative sanctions by his/her unit. If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 14 The municipal people's government shall decide on the setting off of fireworks and firecrackers in large-scale celebrations, and shall announce the time, location, safety and other matters of setting off fireworks and firecrackers. Article 15 The Municipal Public Security Bureau is responsible for interpretation of specific issues in the implementation of these regulations. Article 16 These regulations shall come into effect on March 1, 1995.