The `` Regulations on the Management of Fireworks and Firecrackers in the Downtown Area of Tongren '' (hereinafter referred to as the `` Regulations '') were passed at the 21st Meeting of the Standing Committee of the Second People's Congress of Tongren on October 30, 2019, December 1, 2019 At the 13th meeting of the Standing Committee of the 13th People's Congress of Guizhou Province, it was the first local regulation on fireworks and firecrackers in the central city.
There are 26 articles in the Regulations. With the goal of ensuring public safety, personal and property safety, and preventing environmental pollution, we adopted "combination of prohibition and restriction" management measures, and made clear regulations on the areas, places, and time for which fireworks are prohibited and restricted. The law clarifies corresponding legal responsibilities for relevant acts that violate the provisions of these regulations. Effective from January 10, 2020.
Prohibition combined with local conditions
At present, the planned area of our downtown area is about 750 square kilometers.The scope of application clearly stipulated in the regulations includes the built-up areas of Bijiang District, Wanshan District, Tongren High-tech Zone in the urban planning area, and areas that need to be strengthened in planning and control. 160 square kilometers.
The regulations have special properties and functions and need special protection for places or areas, including state organs, scientific research institutions, important military facilities protection areas, cultural relics protection units, places for the production, storage and sale of flammable and explosive materials, schools, medical institutions , Elderly care institutions, trade fairs, tourist attractions, entertainment venues and other densely populated places, transportation facilities such as airports, stations, wharfs, tunnels, and railway line protection areas, parking lots, underground passages, civil defense facilities, pedestrian bridges, urban bridges, Management measures for prohibiting the display of fireworks and firecrackers are implemented in municipal facilities such as underground pipeline networks, safety protection zones for energy supply facilities such as fuel oil, gas, power transmission and transformation, and other places as required by laws and regulations.
Paragraph 1 of Article 5 of the Regulations clearly defines the central and northern regions that are relatively open and upwind, and the southern regions that are relatively concentrated and relatively narrow in population, and are designated as areas where fireworks and firecrackers are restricted. That is, in the middle and north, administrative divisions are the main demarcation, including Bijiang District, Wanshan District, Tongren High-tech Zone in the built-up area of the central city, and the neighboring streets, communities, and administrative village groups. In addition, in addition to the identified areas, the Municipal People's Government may, based on actual conditions, determine and announce areas that are restricted from emitting fireworks.
Combining the topographic structure, wind direction characteristics, and population distribution of our city, the Regulations clearly define the prohibited and restricted areas for the fireworks and firecrackers. According to local conditions, the combination of restrictions and zoning policies, not only avoids the previous management measures to limit the fireworks and firecrackers. The expression is not standardized and uncertain, and at the same time, it prevents the discretion in the process of law enforcement.
Reward and punish both people
Fireworks and firecrackers safety is related to public safety, personal, property safety, and atmospheric environmental quality. Doing a good job in the management of fireworks and firecrackers is the key to ensuring that the safety of fireworks and firecrackers is stable and to prevent the occurrence of fireworks and firecrackers.
Since the State Administration of Supervision and Administration of the People's Republic of China launched a special fireworks crackdown, the safety management level of fireworks has improved significantly. In recent years, Tongren City has successively explored and introduced a number of plans and measures for the management of fireworks and firecrackers, and the legislation on fireworks has been gradually improved. The promulgation of the "Regulations" will undoubtedly fill a gap in the city's legislation on managing fireworks and firecrackers in central urban areas.
The regulations clearly state that any unit or individual has the right to discourage and report violations of these regulations. Regarding the illegal discharge in violation of the provisions of the regulations, the Regulations move and damage the fireworks and firecrackers management identification signs without authorization. Property service companies, hotels, hotels, and other business managers in the scope of their management and management illegally fireworks and firecrackers and do not perform the notification or Obligations to discourage and report, to hold fireworks evenings or other large-scale fireworks display activities without permission, fireworks and firecracker sellers who have not posted relevant regulations on fireworks and firecrackers management, or failed to truthfully record sales information, etc., have set corresponding rules based on or referring to relevant laws and regulations Administrative penalties.
At the same time, in order to avoid relevant authorities' inaction, indiscriminate behavior, and unfounded accountability, the regulations also impose accountability for violations of these regulations by state agencies and public officials, and for failure to perform duties or perform duties incorrectly in the management of fireworks and firecrackers. Directly punish the responsible person in charge and other directly responsible persons according to law.
Humanity legislation must be implemented
From security to air protection, setting off firecrackers for the Chinese New Year has always been a controversial topic. In recent years, the city has actively carried out legislative propaganda work on the management of fireworks and firecrackers, actively guided the general public to raise awareness and form a consensus, and created a good social atmosphere for the formulation and implementation of laws and regulations.
In order to meet the public's demand for the atmosphere of the Spring Festival, in addition to the prohibition of fireworks and firecrackers in the prohibited areas at any time, the Regulations clarified the areas where fireworks and firecrackers are restricted. Fireworks and firecrackers are allowed to be fired at 1 am the following day, and prohibited at other times, but when the quality of the atmospheric environment reaches a severe pollution warning level, the central urban area will be completely banned.
The regulations also point out that in the area and time range for allowing fireworks and firecrackers, any unit and individual must not release fireworks, fireworks, combined fireworks, or fireworks in the central urban area outside the designated place and range. Project or throw fireworks and firecrackers on pedestrians, vehicles, buildings (structures), manholes, fireworks and firecrackers on the roof, balcony, window, public hallway, etc., and do not release professional fireworks without corresponding qualifications. Firecrackers must not be fired in other ways that endanger public safety and the safety of people and property.
In terms of specific implementation, the regulations stipulate that all districts, counties and relevant departments, including public security agencies, ecological environment, emergency management, city management, market supervision, education, cultural, sports, television and radio tourism, involve district management committees, village (resident) committees and governments And other departments should work together to ensure that the Regulations are fully implemented in the implementation process of specific management, publicity, inspection, supervision, and implementation. (Li Taohong)