Interim Provisions of Hangzhou Municipality on the Prohibition of Smoking in Public Places

Article 1 In order to strengthen the management of urban environmental sanitation, prevent and control environmental pollution, and protect citizens' health, these Interim Provisions are formulated in accordance with the Regulations of the State Council on the Administration of Public Places Sanitation. Article 2 Hangzhou Municipal Health Bureau is the competent authority for banning smoking in public places in this Municipality. The health bureaus of all districts in this Municipality are responsible for organizing the implementation of smoking ban in public places in their respective jurisdictions. Civil aviation, railway, city appearance and sanitation, transportation, industry and commerce departments shall assist the administrative department of health in organizing the implementation of the Interim Provisions according to their respective functions. Units that prohibit smoking are responsible for the supervision and management of smoking prohibition. Article 3 Smoking is prohibited in the following public places in the urban area of Hangzhou:

(a) theaters and dance halls, karaoke rooms (rooms), music teahouses (rooms), video projection rooms (rooms), and amusement halls;

(2) Sports venues (fields);

(3) Reading rooms of libraries, museums, art galleries and exhibition halls;

(four) more than 200 square meters of shops (fields) and shopping places;

(five) in public transport and its waiting room;

(6) Waiting rooms, consulting rooms and wards of medical institutions;

(seven) classrooms, auditoriums, conference halls (rooms) and offices equipped with air-conditioning equipment in organs, organizations, military units, schools, enterprises and institutions.

(8) Children's activity places and indoor children's activity places in nurseries;

(nine) catering hall (room) and business premises equipped with air conditioning equipment;

(ten) according to the actual needs, other places where smoking is prohibited as determined by the Municipal People's government.

Smoking is prohibited in public places, and smoking areas can be set up if conditions permit. Article 4 It is forbidden to set up tobacco advertisements in public places where smoking is prohibited and other public places and buildings such as urban roads and squares. Fifth newspapers, radio, television, education, culture, health, environmental protection and city appearance and sanitation departments, as well as workers, youth, women and other organizations should actively carry out social propaganda that smoking is harmful to health and discourage smoking. It is forbidden to publish tobacco advertisements by radio, movies, television, newspapers and periodicals. Article 6 No smoking units shall perform the following duties:

(a) to formulate and implement the management system and punishment measures for the prohibition of smoking in this unit, and impose a fine on smokers who are within the scope of no smoking and still refuse to listen to dissuasion after warning;

(two) do a good job in the publicity and education of smoking prohibition;

(3) Setting up conspicuous no-smoking signs in places where smoking is prohibited;

(four) it is forbidden to set smoking utensils, signs and articles with tobacco advertisements in places where smoking is prohibited. Article 7 In places where smoking is prohibited, passive smokers have the right to ask smokers in the places to stop smoking. Citizens have the right to ask the units that prohibit smoking to perform the duties of Item (3) and Item (4) of Article 6 of the Interim Provisions. Citizens have the right to report violations of these Interim Provisions to the Municipal or District Health Bureau. Article 8 Every year on May 3rd1World No Tobacco Day, cigarette sales enterprises (including individual stalls) stop selling cigarettes for one day. Ninth in violation of the interim provisions of the smoking ban units, the administrative department of health shall be punished according to the following provisions:

(a) in violation of the interim provisions of the first and second items of article sixth, give a warning and make corrections within a time limit; If smokers are not stopped within the scope of no smoking, they will be fined in 500 yuan.

(two) in violation of the "Interim Provisions" third, fourth sixth, punishable by a fine of more than 500 yuan 1000 yuan.

(three) in violation of the provisions of article eighth of the Interim Provisions, a fine of more than 500 yuan 1000 yuan shall be imposed. Article 10 Where tobacco advertisements are published by radio, movies, television and newspapers in violation of these Interim Provisions, or tobacco advertisements are set up in public places and buildings, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to stop publishing, confiscate the advertising expenses, impose a fine of more than 5 times the advertising expenses/kloc-0, and order the setters to dismantle the advertisements or forcibly dismantle them. Eleventh when making administrative punishment, it shall issue a written decision on administrative punishment. A fine receipt uniformly printed by Hangzhou Finance Bureau shall be issued. All fines will be turned over to the finance. Twelfth refuse or obstruct health management personnel to perform their duties according to law, without using violence or threats, by the public security department in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirteenth if a party refuses to accept the decision on administrative punishment, it may apply to the people's government at the same level for reconsideration according to law, or bring a lawsuit directly to the people's court. Neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution. Fourteenth health management personnel should strictly abide by the law and enforce the law impartially. For favoritism, bribery, perverting the law, be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law. Fifteenth the Interim Provisions shall be interpreted by the Legislative Affairs Bureau of Hangzhou Municipal People's Government. Article 16 These Interim Provisions shall come into force as of September 20th 1995.