Busan City Hall

City Government

Ordinances

HOME > City Government > Ordinances

BUSAN METROPOLITAN CITY ORDINANCE ON THE CREATION OF SMOKE-FREE ENVIRONMENTS

By Health Policy Division 2022. 12. 8 1763  Views
Attachments
내용

BUSAN METROPOLITAN CITY ORDINANCE ON THE CREATION OF SMOKE-FREE ENVIRONMENTS

Responsible Division: Health Policy Division of the Welfare and Health Bureau

Partially Amended by Ordinance No. 6542, Dec. 29, 2021

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to protect citizens' health from smoking and secondhand smoke by designating non-smoking areas and taking other measures pursuant to the National Health Promotion Act and by creating urban environments for citizens' pleasant living. <Amended by Ordinance No. 5284, Jan. 1, 2016>
  • Article 2 (Definitions)
  • The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance No. 5284, Jan. 1, 2016>
    • 1. The term "smoking" means smoking tobacco;
    • 2. The term "non-smoking area" means an area designated by the Mayor of the Busan Metropolitan City (hereinafter referred to as the "Mayor") wherein smoking is prohibited, within a certain area where many people gather or pass through;
    • 3. The term "smoking zone" means a zone designated separately within a non-smoking area to allow smokers to smoke there;
    • 4. The term "secondhand smoke" means an exposure to smoke from another person's smoking. <Newly Inserted by Ordinance No. 5284, Jan. 1, 2016>
  • Article 3 (Areas Subject to Designation of Non-Smoking Areas)
  • The Mayor may designate the following places as non-smoking areas pursuant to Article 9 ⑦ of the National Health Promotion Act so as to prevent damage caused by smoking and to promote citizens' health: <Amended by Ordinance No. 5070, Nov. 5, 2014; Ordinance No. 5664, Nov. 1, 2017; Apr. 10, 2019, Dec. 29, 2021>
    • 1. Urban parks defined in subparagraph 3 of Article 2 of the Act on Urban Parks, Green Areas;
    • 2. Deleted; <by Ordinance No. 6542, Dec. 29, 2021>
    • 3. Absolute protection zones, among educational environment protection zones established under Article 8 ① of the Educational Environment Protection Act;
    • 4. Bus stops established under the Enforcement Rule of the Passenger Transport Service Act;
    • 5. Beaches;
    • 6. Pedestrian passages and promenades in river areas defined in subparagraph ② of Article 2 of the River Act;
    • 7. Deleted; <by Ordinance No. 5664, Nov. 1, 2017>
    • 8. Thoroughfares in the city center or areas with heavy traffic of citizens for tourism, shopping, cultural activities, etc.;
    • 9. Protection areas for children designated under Article 12 ① of the Road Traffic Act; <Newly Inserted on Nov. 1, 2017>
    • 10. Areas within 10 meters away from an exit of an urban railroad under the Urban Railroad Act; <Newly Inserted on Nov. 1, 2017>
    • 11. LPG stations and gas stations; <Newly Inserted on Nov. 1, 2017>
    • 12. Areas within 5 meters away from the boundary of the sidewalk adjoining crosswalks and crosswalks alone designated under Article 2, 12 of the Road Traffic Act.
  • Article 4 (Method of Designation)
  • ① Where the Mayor intends to designate a non-smoking area under Article 3, he or she shall seek opinions from experts or from local residents and others. The same procedure shall also apply where change or cancellation of the designation of a non-smoking area is intended.
  • ② Where the Mayor intends to designate a non-smoking area or change or cancel the designation of a non-smoking area pursuant to paragraph ①, he or she shall consult with the head of the relevant Gu/Gun thereon.
  • ③ Where the Mayor designates a non-smoking area or changes or cancels a non-smoking area, he or she shall publicly notify the designation, including the following matters, through the official gazette and webpage of Busan Metropolitan City:
    • 1. The location and extent of the non-smoking area;
    • 2. A map indicating the non-smoking area.
  • Article 5 (Signs for Non-Smoking Area)
  • ① When the Mayor designates a non-smoking area under Article 3, he or she shall install signs or post notices so as to make people become aware that smoking is prohibited in the area.
  • The signs installed or notices posted under paragraph ① shall indicate the boundaries of a non-smoking area and contain warnings for preventing damage caused by secondhand smoke. <Newly Inserted by Ordinance No. 5664, Nov. 1, 2017>
  • ③ The design and specifications of the signs under paragraph ①, the methods of installing such signs, and other relevant matters shall be determined separately by the Mayor.
  • Article 6 (Designation of Smoking Zones)
  • ① The owner or manager of a facility or an area designated as a non-smoking area may designate smoking zones, considering convenience of smokers.
  • ② The area and location of a smoking zone under paragraph ① shall be determined by considering the size and conditions of the relevant non-smoking area and potential damage from secondhand smoke. <Amended by Ordinance No. 5284, Jan. 1, 2016>
  • ③ A person who designates a smoking zone shall install signs so as to make people become aware that the place is a smoking zone and shall install ventilators and other ventilation equipment and facilities necessary for convenience of smokers: Provided, that ventilation equipment need not be installed if natural ventilation is possible.
  • Article 7 (Education and Promotion of Anti-Smoking)
  • ① The Mayor shall provide citizens with educational and informational programs to make them become aware that smoking and secondhand smoke are harmful to health. <Amended by Ordinance No. 5284, Jan. 1, 2016>
  • ② The Mayor may entrust a corporation or organization engaged in a business of promoting health with services for education and promotion of anti-smoking.
  • Article 7-2 (Creating non-smoking environments)
  • The Mayor may promote businesses in each of the following to create non-smoking environments:
  • 1. Anti-smoking training programs, clinics and other anti-smoking initiatives;
  • 2. Designating, maintaining and managing non-smoking areas;
  • 3. Empowerment initiative training manpower for Anti-smoking;
  • 4. Other matters deemed necessary by the Mayor ;
  • [This Article Newly Inserted by Ordinance No. 6542, Dec. 29, 2021]
  • Article 8 (Administrative Fine)
  • ① The Mayor shall impose an administrative fine of 50,000 won on any person who smokes tobacco in a non-smoking area designated under Article 3 and shall collect such fine under Article 34 ③ of the National Health Promotion Act. <Amended by Ordinance No. 6542, Dec. 29, 2021>
  • ② The Act on the Regulation of Violations of Public Order shall apply to matters concerning the imposition and collection of administrative fines under paragraph ①.
  • Article 9 (Delegation of Authority)
  • The Mayor shall delegate his or her authority for administrative affairs under Article 8 to the head of each Gu/Gun.
  • Addendum
  • This Ordinance shall enter into force six months after the date of its promulgation.
  • Addendum (Ordinance No. 5070, Nov. 5, 2014)
  • This Ordinance shall enter into force on the date of its promulgation.
  • Addendum (Ordinance No. 5284, Jan. 1, 2016)
  • This Ordinance shall enter into force six months after the date of its promulgation.
  • Addendum (Ordinance No. 5664, Nov. 1, 2017)
  • This Ordinance shall enter into force one month after the date of its promulgation.
  • Addendum (Ordinance No. 5664, Apr. 10, 2019)
  • This Ordinance shall enter into force six months after the date of its promulgation.
  • Addendum (Ordinance No. 6542, Dec. 29, 2021)
  • This Ordinance shall enter into force on the date of its promulgation. However, the revised provision of the Article 8 ① shall enter into force six months after the date of its promulgation.
목록