Is it illegal to smoke in public places?
Smoking in public places is not illegal, and indoor smoking is illegal. And if individual provinces and cities have formulated local laws and regulations, it is illegal to smoke in public places, whether indoors or outdoors, it will be dealt with according to this law.
Extended data:
What actions will be punished in public places?
1, illegally setting up stalls and selling goods.
Unauthorized occupation of urban roads, pedestrian overpasses, pedestrian underpasses and other public places, and setting up stalls that affect public order and environmental sanitation will face administrative penalties such as ordering correction, confiscation of illegal income or fines.
2. Disturbing public transportation and subway order.
3. Illegal carrying of controlled knives
Whoever illegally carries guns, ammunition, crossbows, daggers and other state-regulated control devices into public places or public transport shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
4, deliberately naked body
Whoever intentionally exposes his body in public places, if the circumstances are bad, shall be detained for more than 5 days 10 days.
5, "Station Street" soliciting prostitutes
Whoever solicits prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan.
6. Keeping pets interferes with the normal life of others.
Give a warning if raising animals interferes with the normal life of others; Those who fail to correct after warning, or allow animals to intimidate others, shall be fined from 200 yuan to 500 yuan.
7. Illegal construction of "shacks"
Unauthorized construction of buildings and structures in public places, such as unauthorized construction of shacks, pavilions and simple buildings. , will face the compulsory demolition of the administrative department.
There are many behaviors that should not be done in public places, such as setting off fireworks and firecrackers without authorization, destroying public property, destroying places of interest, and uncivilized driving. These acts will face public security punishment, but they will bear criminal responsibility!
Legal basis: Regulations of the State Council Municipality on No Smoking in Public Places.
Article 1 In order to protect human health, protect the public environment and reduce the harm of smoking, these Provisions are formulated in accordance with relevant laws and regulations and combined with the actual situation of this Municipality.
Article 2 Smoking is prohibited in the following public places:
(a) theaters, dance halls, concert halls, video halls, entertainment halls (rooms);
(two) conference hall (room), auditorium;
(3) Indoor activities such as libraries, archives, science and technology management, museums, exhibition halls and cultural centers;
(4) nurseries and kindergartens;
(five) classrooms, dormitories and activity rooms in primary and secondary schools, as well as indoor teaching and activity places in other schools;
(6) Business (transaction) halls of shops, bookstores, post and telecommunications industries and financial industries;
(seven) the registration area, waiting area, diagnosis and treatment area and ward area of medical institutions;
(eight) elevators and public transport, bus stations, port passenger stations waiting hall, ticket office;
(nine) other public places as determined by the Municipal People's government.
Management units in public places where smoking is prohibited may set up smoking rooms (districts).
Article 3 The municipal public health administrative department is the department in charge of banning smoking in public places within its administrative area, and is responsible for the organization, implementation, supervision and inspection of these Provisions. Propaganda, education, culture, news and other departments should carry out publicity and education on smoking is harmful to health and smoking is prohibited in public places.
Article 4 State organs, public organizations, enterprises and institutions may designate smoking-forbidden places outside these provisions within their own units. Encourage the creation of advanced smoke-free units.
Article 5 The administrative units in public places where smoking is prohibited shall perform the following duties:
(a) to formulate the system and measures for prohibiting smoking in this unit;
(two) set up a unified no-smoking sign in public places where smoking is prohibited;
(3) Smoking equipment and signs with tobacco advertisements shall not be installed in public places where smoking is prohibited. Management units in public places where smoking is prohibited shall be equipped with inspectors.
Article 6 In public places where smoking is prohibited, citizens have the right to ask smokers to stop smoking. Have the right to require the management unit of public places where smoking is prohibited to perform the duties of these provisions; Have the right to report illegal acts to the administrative department of health.
Article 7 Inspectors shall stop smokers in public places where smoking is prohibited, and may impose a fine of 10 yuan. When making a decision on administrative punishment for smokers, the inspectors shall show the law enforcement identity documents uniformly printed by the Municipal People's Government to the parties, fill in the written decision on administrative punishment in a predetermined format and number, and deliver it to the parties on the spot.
Article 8 Where the administrative unit in public places where smoking is prohibited violates the provisions of Article 6 of these Provisions, the administrative department of health shall give a warning and order it to make corrections within a time limit. If no correction is made within the time limit, a fine of not less than 3,000 yuan shall be imposed on 500 yuan. The administrative department of health shall punish the administrative units in public places where smoking is prohibited, and shall implement it in accordance with the relevant provisions of the state administrative punishment.
Article 9 The fine income shall be turned over to the finance in accordance with the relevant provisions of the state administrative punishment.
Article 10 If a party refuses to accept the administrative punishment decision made by the health administrative department, he may apply for reconsideration or bring a lawsuit in accordance with the Regulations on Administrative Reconsideration and the Administrative Procedure Law of the People's Republic of China. If a party fails to apply for administrative reconsideration, bring a lawsuit or perform the decision on administrative punishment within the time limit, the organ that made the decision on punishment may apply to the people's court for compulsory execution.
Eleventh refusal or obstruction of inspectors to perform official duties according to law, in violation of public security regulations, shall be punished by the public security organs 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.
Twelfth inspectors should strictly perform their duties, management according to law, dereliction of duty, abuse of power, corruption, given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law. Thirteenth towns and sub-district offices can be implemented with reference to these regulations. Article 14 These Provisions shall come into force as of June 1 day, 2004.
The regulations on the control of smoking in public places stipulate that smoking in public places is fined ten yuan, and the punishment may be aggravated if the circumstances are serious. Article 6 In public places where smoking is prohibited, citizens have the right to ask smokers to stop smoking. Have the right to require the management unit of public places where smoking is prohibited to perform the duties of these provisions; Have the right to report illegal acts to the administrative department of health.
Article 7 Inspectors shall stop smokers in public places where smoking is prohibited, and may impose a fine of 10 yuan. When making a decision on administrative punishment for smokers, the inspectors shall show the law enforcement identity documents uniformly printed by the Municipal People's Government to the parties, fill in the written decision on administrative punishment in a predetermined format and number, and deliver it to the parties on the spot.
Article 8 Where the administrative unit in public places where smoking is prohibited violates the provisions of Article 6 of these Provisions, the administrative department of health shall give a warning and order it to make corrections within a time limit. If no correction is made within the time limit, a fine of not less than 3,000 yuan shall be imposed on 500 yuan. The administrative department of health shall punish the administrative units in public places where smoking is prohibited, and shall implement it in accordance with the relevant provisions of the state administrative punishment.
Legal basis: Regulations of the State Council Municipality on No Smoking in Public Places.
Article 6 In public places where smoking is prohibited, citizens have the right to ask smokers to stop smoking. Have the right to require the management unit of public places where smoking is prohibited to perform the duties of these provisions; Have the right to report illegal acts to the administrative department of health.
Article 7 Inspectors shall stop smokers in public places where smoking is prohibited, and may impose a fine of 10 yuan. When making a decision on administrative punishment for smokers, the inspectors shall show the law enforcement identity documents uniformly printed by the Municipal People's Government to the parties, fill in the written decision on administrative punishment in a predetermined format and number, and deliver it to the parties on the spot.