Surprise: smoking is still possible on the balconies



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The Ministry of the Interior has drawn up a description of how and in what order smoking will be prohibited on balconies. The description stipulates that when at least one resident of an apartment building objects to smoking on the balconies, terraces and loggias of the apartment building owned by individual owners, the director of the municipal administration formalizes the decision to declare that the balconies, terraces and loggias of the apartment building, No smoking.

M. Pankevičius emphasizes that smoking will not be prohibited by order of the Director of Administration. This is provided by law. “In the first place, the resident’s objection is expressed. After that, actions will be taken and only after the order of the Director of Administration takes effect will the prohibition take effect,” said the Chief Specialist.

The order of the Minister of the Interior stipulates that the date of entry into force of the order of the Municipal Administration will not be earlier than 15 business days from the date of adoption of the order.

“At the moment, it is still possible to smoke on the balconies. The first stage should start with the statement of objection from the resident. And only after the ban comes into force, smoking will be banned in apartment buildings. Of course, after special signs of that will have to appear. Once the bans come into effect, residents who do not comply will be prosecuted. Our job as the law enforcement department is to decide whether a protocol will be written and whether one person will assume administrative responsibility or no, ”commented M. Pankevičius.

Article 590 of the amended Code of Administrative Offenses stipulates that a resident of an apartment building must submit together with the application not only data confirming the fact of smoking on the balcony, terrace, loggia of the apartment building, but also indicate the circumstances .

According to the chief specialist, justice will generally be done by both the municipal public order department and the police.

“It just came to our attention then. The lawmakers approved the ban and the procedure and the control mechanism itself are not yet in place. Therefore, we will work together with the police and work together to resolve the situations that have arisen and monitor how this amendment to the law is being implemented. And how it will be, we do not know each other, because, as I said, it is a new thing. How it should look in theory, we know. And what the weather will be like in practice, the time will tell, ”said M. Pankevičius about the newly enacted law.



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