legal analysis: the time and place of prohibiting the sale and discharge of fireworks and firecrackers are: from February 21, 2121 to April 31, 2122, the sale and discharge of fireworks and firecrackers are prohibited in the administrative area of Shenyang.
From May 1, 2122, it will be strictly implemented in accordance with the Regulations of Shenyang Municipality on the Safety Management of Fireworks and Firecrackers (Order No.81 of Shenyang Municipal People's Government). Please refer to the following for details.
Legal basis: Regulations on the Safety Management of Fireworks and Firecrackers in Shenyang
Article 1 In order to strengthen the safety management of fireworks and firecrackers, reduce the harm of fireworks and firecrackers to the atmospheric environment, ensure the safety of public, personal and property, and maintain the public order, these regulations are formulated in accordance with the Regulations on the Safety Management of Fireworks and Firecrackers and the provisions of relevant laws and regulations, combined with the actual situation of this Municipality.
article 2 these provisions shall apply to the business (including storage), transportation and discharge of fireworks and firecrackers within the administrative area of this municipality.
article 3 these provisions shall be implemented by the municipal, district and county (city) people's governments. The emergency management department is the administrative department in charge of the safety management of fireworks and firecrackers in this Municipality, and is responsible for the safety supervision and management of fireworks and firecrackers; The public security organ is responsible for the safety management of transportation and fireworks; The market supervision and management department is responsible for the product quality supervision of fireworks and firecrackers. The municipal, district and county (city) people's governments shall establish a coordination mechanism for the safety management of fireworks and firecrackers, and the departments of emergency management, public security, ecological environment, real estate, market supervision, transportation, urban management, and social, cultural, educational, publicity and public affairs management units shall perform their respective duties according to the division of responsibilities.
article 4 state organs, public organizations, enterprises, institutions and other organizations, community residents' committees and villagers' committees shall carry out publicity and education activities on the lawful, civilized and safe discharge of fireworks and firecrackers. Primary and secondary schools should educate students about the safe discharge of fireworks and firecrackers. Newspapers, radio, television, internet and other media should do a good job in the publicity and education of fireworks safety management.
article 5 the municipal, district and county (city) people's governments shall reward the informants for reporting cases of illegal production, operation, storage, transportation and discharge of fireworks and firecrackers, and the specific measures shall be formulated by the municipal emergency management department.
article 6 this municipality shall implement a licensing system for the production, operation (including storage), transportation of fireworks and firecrackers, holding fireworks parties and other large-scale fireworks display activities according to law.
Article 7 The operation, storage, transportation and discharge of fireworks and firecrackers are prohibited in the following areas of this Municipality (hereinafter referred to as "prohibited areas"), except for important festivals and major celebrations approved by the Municipal People's Government: (1) The area within the expressway Ring Road of the Third Ring Road of this Municipality (including expressway around the city); (2) Administrative areas within the Fourth Ring Road of Dadong District; (three) the administrative area west of Shendan expressway in Hunnan District and within the Fourth Ring Road; (four) the administrative area of Shenbei New District, west of Jingha expressway and within the Fourth Ring Road. Fireworks and firecrackers are prohibited within the administrative area of this Municipality during the orange and red warning period of heavy air pollution.
Article 8 It is forbidden to sell and set off fireworks and firecrackers in the following places and regions: (1) Within the safety protection zones of cultural relics protection units, museums and archives; (2) Important military facilities; (3) news organizations such as radio stations, television stations and newspapers; (4) Telecommunications, postal services and financial institutions; (five) large-scale energy and power facilities, water conservancy facilities, water, electricity, gas, heat supply facilities and power transmission and transformation facilities in the safety protection zone; (six) railway stations, passenger (cargo) stations, airports, subway stations, motor vehicles, bridges (including overpasses, overpasses), tunnels and other transportation hubs and railway line safety protection zones; (seven) the production, sale and storage of flammable and explosive materials and the surrounding area within 111 meters; (eight) medical institutions, kindergartens, primary and secondary schools, nursing homes, teaching and scientific research units, large-scale cultural and sports venues, bazaars, shopping malls, supermarkets, cinemas, commercial pedestrian streets and other crowded public places; (nine) 11 floors or more or more than 24 meters away from the surrounding buildings within 11 meters; (ten) the implementation of property management area, outside the designated discharge area of property enterprises; The property management area has not been implemented, and the discharge area is designated by the community residents' committee in the street office; (eleven) urban green space; (twelve) key fire prevention areas such as mountains and forests; (thirteen) other places where fireworks and firecrackers are prohibited as prescribed by the district and county (city) people's government. Where fireworks and firecrackers are prohibited and the surrounding specific scope are specified, the property right unit or management department shall set up obvious warning signs prohibiting fireworks and firecrackers, and be responsible for management and protection.
Article 9 For fireworks parties and other large-scale fireworks display activities held in major celebrations and festivals, the organizer shall apply to the public security organ in accordance with the regulations on hierarchical management. The public security organ that accepts the application shall review the relevant materials submitted within 5 days from the date of accepting the application, and issue a Fireworks Display Permit to those who meet the requirements, and the organizer shall be responsible for making an announcement to the public.
Article 11 Units and individuals that discharge fireworks and firecrackers shall discharge them correctly and safely according to the discharge instructions. Fireworks and firecrackers shall not be set off in the balconies, windows, corridors and roofs of shanty towns and residential buildings; Do not throw fireworks and firecrackers at pedestrians, vehicles and buildings; Shall not impede the safe passage of pedestrians and vehicles. Minors under the age of 14 who set off fireworks and firecrackers shall be accompanied by guardians or adult close relatives.
article 11 wholesale enterprises and retail operators engaged in fireworks and firecrackers shall go through the relevant formalities according to law and obtain a business license for fireworks and firecrackers before engaging in fireworks and firecrackers business activities.
article 12 fireworks and firecrackers sold by fireworks and firecrackers wholesale enterprises shall meet the quality standards stipulated by the state and industry, and the product packaging shall meet the requirements of relevant national standards.
Article 13 Fireworks and firecrackers wholesale enterprises shall not supply fireworks and firecrackers products other than the specifications and varieties stipulated by national standards to retail operators engaged in fireworks and firecrackers; Retail operators engaged in fireworks and firecrackers shall purchase fireworks and firecrackers from local wholesale enterprises that have obtained the fireworks and firecrackers business (wholesale) license, and shall not sell fireworks and firecrackers products other than those stipulated by national standards.
article 14 fireworks wholesale enterprises and retail stores shall be set up in accordance with the principles of ensuring safety, total quantity control, unified planning and reasonable layout, strictly control the number of fireworks retail stores outside the prohibited areas, and prohibit the setting of temporary retail outlets for fireworks in the whole city. The setting of fireworks storage warehouses shall conform to the relevant national laws, regulations and standards.
article 15 the establishment of fireworks and firecrackers retail stores shall comply with the relevant regulations, and there shall be no retail stores in the same building as office buildings and residential areas, such as "going from store to house" or "front store to house". During the Spring Festival, retail stores will be supervised by special personnel and sold in special stores. In the off-season, long-term retail stores in rural areas shall arrange special sales. The counters are relatively independent, and keep a certain distance from other counters to ensure the smooth passage of safety. The area of retail stores shall not be less than 11 square meters, and the maximum reserve (total dosage) of each retail store shall not exceed 311 kilograms. Fire fighting equipment shall be equipped and obvious safety warning signs shall be set.
article 16 when a wholesale enterprise that has obtained a fireworks business (wholesale) license purchases goods from other places, it can only engage in fireworks transportation activities by presenting an order contract to the public security organ for a fireworks road transportation license.
according to the principle of proximity, wholesale enterprises should provide fireworks and firecrackers distribution services to retail operators, and retail operators should accept the distribution services of wholesale enterprises and not get the fireworks and firecrackers extracted by wholesale enterprises themselves.
when transporting (distributing) fireworks vehicles, wholesale enterprises must submit the transport certificate of dangerous goods transport vehicles to the competent transportation department, and go through the relevant procedures for road transport of fireworks and firecrackers at the public security organ. Vehicles transporting fireworks and firecrackers should be escorted by special personnel when driving on the road, and signs of dangerous goods should be hung. If fireworks and firecrackers are transported across counties (cities) by road, the public security organs at the county (city) level shall issue the Permit for Road Transport of Fireworks and Firecrackers.
Article 17 It is forbidden to take fireworks and firecrackers on public transport and enter crowded public places such as stations and theaters; It is forbidden to mail fireworks and firecrackers; It is forbidden to carry fireworks and firecrackers in checked luggage, parcels and mails.
Article 18 Fireworks wholesale enterprises and retail operators shall abide by the safety management regulations, hang their business licenses in obvious places of sale, and store and sell fireworks and firecrackers according to the permitted scope, time and place specified in the business license; Wholesale enterprises shall use the fireworks flow management information system, and retail operators shall establish retail accounts and truthfully record the fireworks flow. In addition to the units and individuals that operate, store and transport fireworks and firecrackers according to law, other units and individuals shall not store fireworks and firecrackers weighing more than 11 kilograms.
Article 19 Where fireworks and firecrackers are produced or sold without permission, or black powder, pyrotechnics and fuse are sold to units or individuals that have not obtained the safety production license for fireworks and firecrackers, the emergency management department shall order them to stop their illegal production and business activities, impose a fine of more than 21,111 yuan but less than 111,111 yuan, and confiscate the illegally produced and business items 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.
Article 21 Where fireworks parties and other large-scale fireworks display activities 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 organs shall order them to stop the fireworks display, and impose a fine of not less than RMB 1,111 yuan but not more than RMB 51,111 yuan on the responsible units.
Article 21 Where fireworks are set off at a time, place and area where they are prohibited, or in a way that endangers the safety of the public and personal and property, the public security organ shall order them to stop setting off and impose a fine of more than RMB 111 and less than 511 yuan; If it constitutes a violation of public security administration, it shall be punished according to law.
Article 22 Where an enterprise engaged in the wholesale of fireworks and firecrackers supplies the operators engaged in the retail of fireworks and firecrackers with fireworks and firecrackers that are illegally produced or operated, or supplies fireworks and firecrackers that should be set off by professional fireworks and firecrackers according to national standards, the emergency management department shall order it to stop the illegal behavior, impose a fine of more than 21,111 yuan but less than 1,111 yuan, and confiscate the illegally operated articles and illegal income; If the circumstances are serious, the business license of fireworks and firecrackers shall be revoked. Operators engaged in fireworks retail sales of illegal production and operation of fireworks, or sales in accordance with the provisions of national standards should be set off by professional fireworks, by the emergency management department shall be ordered to stop the illegal behavior, a fine of more than 1111 yuan to 5111 yuan, and confiscate the illegal business items and illegal income; If the circumstances are serious, the business license of fireworks and firecrackers shall be revoked.
article 23 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 RMB 11,111 and RMB 51,111, and the illegally transported articles and illegal income shall be confiscated.
Article 24 Whoever transports fireworks and firecrackers by road commits any of the following acts shall be ordered by the public security organ to make corrections, and be fined from 211 yuan to 2,111 yuan: (1) Violating the transport license; (two) did not carry the "fireworks road transport permit"; (three) the transport vehicle does not hang or install the warning signs of inflammable and explosive dangerous goods that meet the national standards; (four) the loading of fireworks does not meet the relevant national standards and norms; (five) the carriage loaded with fireworks is manned; (six) driving at a speed exceeding the prescribed speed of dangerous goods transport vehicles; (seven) the transport vehicle stopped on the way without special guards; (eight) other acts as prescribed by laws and regulations.
Article 25 Where fireworks and firecrackers are taken by public transport, mailed or entrained in checked luggage, parcels or mails, the fireworks and firecrackers illegally carried, mailed or entrained shall be confiscated by the public security organs, and a fine of not less than 1,111 yuan in 211 yuan may be imposed.
Article 26 If an administrative law enforcement officer abuses his power, neglects his duty or engages in malpractices for personal gain in the safety supervision and management of fireworks and firecrackers, he shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 27 these provisions shall come into force as of March 1, 2121. The original "Regulations on the Safety Management of Fireworks and Firecrackers in Shenyang" (Shen Decree No.71 [2118]) shall be abolished at the same time.