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Prohibition
of Smoking
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1.
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(a) No person shall smoke in a place specified in the Schedule
(hereafter referred to as a "public place"). |
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(b)
No person shall hold a lighted cigarette, cigarillo, cigar or
pipe in a public place. |
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(c
) The Minister of Health may vary the Schedule by order, with
the approval of the Labour and Social Affairs Committee of the
Knesset. |
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Affixing
of Signs |
| 2. |
(a)
The actual occupier of a public place, other than a lift for the
carriage of persons in a residential building, shall affix signs
therein indicating the prohibition of smoking therein and shall
keep them in proper condition. |
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(Two)
The manufacturer or importer of a lift intended for the carriage
of persons in a residential building shall, before it is put into
use, affix a sign therein indicating the prohibition of smoking
therein. |
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(Three)
The Minister of Health may, by regulations, issue provisions as
to the form, number, size and contents of the signs, the modes
of affixing them, the places where they shall be installed and
the duty of illuminating them. |
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Permit
for Smoking in Cinema
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| 3. |
(a)
In the area of a local authority, other than a regional council,
where there are more than five cinemas, there may be one cinema
in part of which - allotted for that purpose - the provision prohibiting
smoking during the screenings of the films shall not apply. |
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(b)
The council of the local authority shall designate the cinema
referred to in subsection (a) - naming the occupier - according
to such rules and for such period as the Minister of Health may
prescribe. |
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(c)
The actual occupier of a cinema designated under subsection (b)
shall affix at the entrance to the cinema a notice stating that
smoking is permitted in a part thereof allotted for that purpose.
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| Penalties
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| 4. |
(a)
A person who contravenes the provisions of section 1 shall be
liable to a fine of NIS 230. |
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(Two)
A person who contravenes the provisions of section 2 shall be
liable to a fine of NIS 470. |
| Responsibility
for an Offence |
| 5. |
Where
an offence under section 2 is committed by a body of persons,
every person who at the time of its commission is an active director,
or a partner, other than a limited partner, thereof or a senior
employee thereof responsible for the field in question shall also
be guilty of the offence, unless he proves that it was committed
without his knowledge and that he took all reasonable measures
to ensure compliance with the said section. |
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Moneys
of Fines to Go to Local Authority
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| 6.
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Fines paid, upon the exercise of the power
of an employee of a local authority, for an offence under this
Law committed within its area, shall be transferred to the fund
of that local authority. |
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Power
of Entry
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| 7. |
A police officer, and a local authority
employee empowered by the head thereof for the purpose of this
Law (hereafter referred to as an "inspector") may at any reasonable
time enter any place to ascertain whether the provisions of this
Law and the regulations thereunder are complied with; provided
that they may only enter the places specified in paragraphs 2,4,5
and 6 of the Schedule after notifying their intention to do so
to the occupier of the place or to a person employed therein.
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| Power
of Inspector or Usher to Demand Identification |
| 8.
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(a)
Where a person smokes or holds a lighted cigarette, cigarillo,
cigar or pipe, in a public place within sight of an inspector
or usher, the usher or inspector may require him to identify himself
and, if he refuses, may detain him in that place until a police
officer arrives, but not for more than one hour. |
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(Two)
For the purposes of this section, “usher" means a person whom
the owner or actual occupier of a place specified in paragraph
1,2,4 or 5 of the Schedule has appointed to be an usher in that
place and who wears a conspicuous badge attesting to his appointment
and can produce a certificate as to his appointment as an usher. |
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(Three)
The Minister of Health shall, by regulations, prescribe provisions
as to restrictions on the appointment of an usher, the certificate
to be issued to him, the form of the badge and the manner in which
it shall be worn. |
| Power
of Driver |
| 9.
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(a)
The driver of a vehicle in which smoking is prohibited by the
provisions of this Law may prohibit a person smoking or holding
a lighted cigarette, cigarillo, cigar or pipe from entering the
vehicle. |
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(Two)
Where a person smokes, or holds a lighted cigarette, cigarillo,
cigar or pipe, in a vehicle, as aforesaid, within sight of the
driver, the driver may require him to identify himself and, if
he refuses to do so, may detain him in the vehicle until a police
officer arrives, but not for more than one hour, or may take him
in the vehicle to the nearest police-station. |
| Saving
of Provisions |
| 10.
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The
provisions of this Law shall add to, and not derogate from, any
provision as to the prohibition of smoking laid down by any law.
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Status
of the State
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| 11.
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The
provisions of section 2 (a) shall apply also to the State. |
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Amendment
of Courts Act
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| 12.
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In
the Second Schedule to the Courts Law, 5717-1957, the following
item shall be added at the end: “18. The Restriction on Smoking
(Public Places) Act, 5743-1983". |
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Implementation
and Regulations
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| 13.
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The Minister of Health is charged with the implementation of this
Law and may, with the approval of the Knesset Labour and Social
Affairs Committee, make regulations for its implementation, including
regulations as to modes of supervising such implementation. |
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Coming
into Force
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| 14.
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This
Act shall come into force on the 28th Shvat, 5744 (1st February,
1984). |
| SCHEDULE:
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(Section
1 - public places within the meaning of the Law)
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| 1.
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A
hall generally used as a cinema or theater, or for concerts, opera
or dance performances; also a room or hall used for conferences,
lectures or meetings, including its corridors and lobby, with
the exception of an entirely separate room set aside by the management
for smoking during performance intervals, if any, and whose area
shall not exceed a quarter of the space allocated for the public
to occupy during these intervals, and provided that it have properly
working ventilation facilities and that smoking in it not constitute
a nuisance in other parts of the place. Nothing in the provisions
of this section, or in the provision of any other section of this
Schedule, shall derogate from a prohibition of smoking by virtue
of any existing law or prevent the owner or occupier of a public
place from prohibiting smoking in it. [amended 2001] |
| 2.
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Any
place in a hospital or clinic building [amended 2001] |
| 3.
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The
section open to the public in a pharmacy. |
| 4.
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A
reading hall or reading room in a library open to the public,
except places, if any, allotted by the management where smoking
is permitted, and provided that it has properly working ventilation
facilities and that smoking in it not constitute a nuisance in
other parts of the place. [amended 2001] |
| 5.
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Any
place in a building used as an educational institution or an institute
of higher education, including student living quarters, with the
exception of an entirely separate room, if any, set aside for
smoking by the management of a institution for post high school
education having students over 18 years of age (hereafter — an
institute of higher education) and a room in an institute of higher
education’s living quarters in which only smokers live, provided
that it have properly working ventilation facilities and that
smoking in it not constitute a nuisance in other parts of the
place, and with the exception of rooms for management and staff,
to which section 15 of this Schedule applies. [amended 2001] |
| 6.
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A
lift for the carriage of persons |
| 7.
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A
bus while there are passengers in it; in this paragraph “bus"
has the same meaning as in the Traffic Regulations, 5721-1961.
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| 8. |
A taxi and a minibus while there are passengers in them; in this
section, “taxi" and “minibus" have the same respective meanings
as in the Traffic Regulations, 5721-1961. |
| 9.
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A
train while there are passengers in it, except for a carriage
which has been designated for smoking, provided that, in a train
having only one carriage, that carriage may not be so designated,
nor the carriage in which food and beverages are sold, nor the
only carriage in which reserved seats are sold. [added 1988] |
| 10.
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A
shop. [added 1988; amended 2001] |
| 11.
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A
restaurant, snack bar, coffee shop, or any other eating place
(hereafter — eating places), with the exception of an entirely
separate room, if any, set aside for smoking by the management
of the eating place, provided that the said room have properly
working ventilation facilities, that smoking in it not constitute
a nuisance in other parts of the eating place, and that its area
shall not exceed a quarter of the space open to the public. [added
1988; amended 2001] |
| 12.
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A
room or hall, open to the public, used for physical activity or
sport. [added 1990] |
| 13.
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A
nursery school, kindergarten, cr?che or children’s home [added
1990] |
| 14.
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A
room or space open to the public in a bank, post office, or postal
agency, or another place used by the public, or a room, hall or
corridor used as a waiting area, with the exception of an entirely
separate room, if any, set aside for smoking by the management
of the place, provided that it have properly working ventilation
facilities and that smoking in it not constitute a nuisance in
other parts of the place. [added 1990; amended 1994 & 2001] |
| 15.
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A
workplace, except for that part which is a room or a hall in which
smoking has been expressly permitted by the person in charge,
after consulting with the employees (hereafter — smoking area),
provided that in the smoking area there are no nonsmokers; smoking
in the smoking area is permitted on condition that it have properly
working ventilation facilities and that smoking in it does not
cause a nuisance in other parts of the building. A room or hall
in which only smokers are employed or present shall be deemed
a smoking area without being so declared by the person in charge.
For this purpose, a workplace is any place in a building in which
people are employed and which is not a dwelling. [added 1994;
amended 2001] |
| 16.
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An
area open to the public in a shopping mall, except for a place
of business specified elsewhere in this Schedule, and with the
exception of an entirely separate room, if any, set aside for
smoking, provided that it have properly working ventilation facilities
and that smoking in it not constitute a nuisance in other parts
of the place. [added 2001] |
| 17.
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A
hall hired for celebrations and similar gatherings, with the exception
of an entirely separate room, if any, set aside for smoking, provided
that the said room have properly working ventilation facilities
and that smoking in it not constitute a nuisance in other parts
of the hall and that its area not exceed a quarter of the space
open to the public. [added 2001] |
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