Datong City Prohibition on Smoking in Public Places (Revised in 2021)

Article 1: In order to control the harm of smoking, protect people's health, and protect the public health environment, these regulations are formulated in accordance with the relevant national laws and regulations and in conjunction with the actual situation of this city. Article 2 Public places where smoking is prohibited within the administrative area of ??this city:

(1) Waiting areas, diagnosis and treatment areas and ward areas of medical institutions;

(2) Kindergartens , nursery school;

(3) School educational activity places;

(4) Conference rooms (halls);

(5) Movie theaters and video halls ( (room), entertainment hall (room), dance hall and music cafe;

(6) Gymnasium, exhibition hall, museum, library (room), archives (room), children’s palace;

(7) Business premises of bookstores, shopping malls (stores), financial and securities institutions, and postal and telecommunications institutions;

(8) Waiting rooms in buses and train stations and long-distance bus stations (hall), ticket office;

(9) Places where smoking is prohibited according to laws and regulations;

(10) Other public places approved by the Municipal People's Government.

The public places specified in Items (5) and (6) of the preceding paragraph and the waiting rooms (halls) in Item (8) may set up smoking rooms with obvious signs ( area) and equipped with complete ventilation facilities. Article 3: The whole society should support the ban on smoking in public places.

Departments of education, culture and tourism, health, ecological environment and other news units as well as radio, television, newspapers and periodicals should actively carry out publicity and education on the harmful effects of smoking on health and the ban on smoking in public places. Article 4 The municipal health department is the department in charge of the management of smoking bans in public places in this city. The municipal health education institution is entrusted by the municipal health department to be specifically responsible for the supervision and management of the ban on smoking in public places in this city.

County (district) health authorities are responsible for the management of smoking bans in public places within their jurisdiction. Article 5 The unit where smoking is prohibited in public places shall perform the following responsibilities:

(1) Develop a management responsibility system for the unit’s public places where smoking is prohibited;

< p>(2) Do a good job in publicity and education on the ban on smoking in public places;

(3) Set up clear and uniform no-smoking signs in public places where smoking is prohibited;

(4) Smoking-related utensils shall not be placed in public places where smoking is prohibited;

(5) Stop and discourage smoking in public places where smoking is prohibited in the unit. .

The unit where smoking is prohibited in public places shall have supervisory and inspection personnel. Article 6 Citizens have the right to require smokers to stop smoking in public places where smoking is prohibited.

Citizens have the right to require units located in public places where smoking is prohibited to perform the corresponding duties in these regulations, and have the right to report violations of these regulations to the health authorities. Article 7 Anyone who violates these regulations and continues to smoke despite being dissuaded in public places where smoking is prohibited shall be ordered by the municipal or county (district) health authorities to make corrections and shall be fined not less than ten yuan but not more than fifty yuan. Article 8 If the unit located in a public place where smoking is prohibited violates the provisions of Article 5 of these Provisions, the municipal or county (district) health authorities shall give a warning and order it to make corrections within a time limit; those who refuse to make corrections within the time limit shall be fined A fine of not less than 500 yuan but not more than 1,000 yuan is imposed. Article 9 Anyone who obstructs law enforcement personnel of municipal or county (district) health authorities from performing official duties and violates public security management shall be punished in accordance with the "Public Security Management Punishment Law of the People's Republic of China and the State". Article 10 If the party concerned is dissatisfied with the administrative penalty decision, he may apply for administrative reconsideration in accordance with the law within sixty days from the date of receipt of the administrative penalty decision letter, or file an administrative lawsuit within six months from the date of receipt of the administrative penalty decision letter.

If the party concerned fails to apply for administrative reconsideration or initiate administrative litigation within the time limit, and fails to implement the penalty decision, the agency that made the administrative penalty decision may apply to the People's Court for enforcement. Article 11 Law enforcement personnel of the health authorities shall enforce the law impartially and in a civilized manner in accordance with legal procedures. Those who neglect their duties or abuse their power will be criticized, educated or punished by their units or superior authorities; if a crime is constituted, criminal responsibility will be pursued in accordance with the law.

Article 12: State agencies, social groups, military units, enterprises, public institutions and other organizations may determine other no-smoking places within their own units. Article 13 These regulations shall come into effect on May 31, 1997.