Is it illegal to set off fireworks in public places? What laws and regulations have been violated?

It is illegal to set off fireworks and firecrackers in public places, which violates the Law on Public Security Administration Punishment. Those who want to set off fireworks and firecrackers shall abide by the provisions of relevant laws, regulations and rules. The local people's governments at or above the county level may, according to the actual conditions of their respective administrative areas, determine the time, place and types of fireworks that are restricted or prohibited.

Legal analysis

The law authorizes the city people's government to designate the area and time when fireworks and firecrackers are prohibited. It is illegal to set off fireworks and firecrackers in forbidden areas and during the forbidden period. The local people's governments at or above the county level shall, according to the warning level of heavy pollution weather, start the emergency plan in time, and take emergency measures such as ordering relevant enterprises to stop production or production, restricting the driving of some motor vehicles, prohibiting fireworks and firecrackers, stopping earthwork and demolition of buildings on the construction site, stopping open-air barbecues, stopping outdoor activities organized by kindergartens and schools, and organizing weather modification operations according to emergency needs. When polluted weather occurs, it is also illegal to violate the local government's regulations prohibiting the discharge of fireworks and firecrackers. 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 100 yuan and less than 500 yuan, which constitutes a violation of public security management, and shall be given administrative penalties for public security.

legal ground

Article 24 of the People's Republic of China (PRC) Public Security Administration Punishment Law has one of the following acts, which disturbs the order of large-scale mass activities such as culture and sports, and is given a warning or a fine of less than 200 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) forcibly entering the venue; (two) in violation of regulations, fireworks or other items in the venue; (three) display insulting slogans, banners and other items; (4) Besieging referees, athletes or other staff members; (five) throwing debris into the venue, not listening to stop; (six) other acts that disrupt the order of large-scale mass activities. Those who are detained and punished for disturbing the order of sports competitions may also be ordered not to enter sports venues to watch similar competitions within 12 months; Those who enter the stadium illegally are forcibly taken away from the scene.

Article 82 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC) prohibits the burning of asphalt, linoleum, rubber, plastics, leather, garbage and other substances that produce toxic and harmful smoke and malodorous gases in densely populated areas and other areas that need special protection according to law. It is forbidden to produce, sell and set off fireworks and firecrackers that do not meet the quality standards. No unit or individual may set off fireworks and firecrackers in the time and area prohibited by the city people's government.