Law November 11, 1975, No 584
(in Gazz. No., December 5, n. 322).
Ban on smoking in certain premises and on public transport
Article 1.
E 'smoking:
a) in the hospital ward, in the classrooms of schools of all levels, in vehicles owned by the State, public bodies and private concessionaires of public services for public transport of people on subways; in waiting rooms of railway stations, autofilotranviarie, sea-port and airport in the rail sector reserved for non-smokers should be placed in each train travelers of the State railway trains and rail travel concession to date in private compartments and a berth in the reported sleeping cars occupied by more than one person during the service night
b) in enclosed spaces that are used as public meeting halls closed movie house or theater, closed dance halls, theaters-racing, in meeting rooms of the academies, museums, libraries and theaters Reading open to the public in the galleries and public art galleries or open to the public.
Article 2. In
coaches is not unique to smoking, the railway authorities should expose, in a visible location, alerts, showing the smoking ban, in the paintings of the requirements for the public should be given also provided with details of penalties imposed on violators.
For the finding of infringement and breach of the dispute are subject to the rules in force for the railways of the State, granted to private industry for the railways and other public transport which, in lack of discipline specifically, the rules in force for the railways of the State as compatible.
Those who are entitled to applicable law, regulation or provision of authority to ensure order within the premises specified in art. 1, letters a) and b), as well as the conductors of the premises referred to in subparagraph b) of this article, see to the observance of the ban, explaining, in a visible position, reproducing the standard signs stating the penalty imposed on offenders.
Article 3.
The conductor of one of the premises specified in Article. 1, letter b) may obtain an exemption from compliance with the provisions of Article. 1 of this law when installing an air conditioning or ventilation, respectively corresponding to the characteristics of definition and classification determined by the Italian unification (UNI).
To this end, the mayor must be submitted together with the appropriate application of the air conditioning project contains the technical characteristics of operation and installation.
The exemption from the prohibition on smoking shall be permitted by the mayor, after hearing the medical officer.
Minister for Health shall implement, within one hundred eighty days from the date of publication of this law after consulting the Board of Health, provisions regarding the limits of temperature, relative humidity, speed and timing of fresh air in the rooms referred art. 1, letter b), under which will operate the air conditioning or ventilation.
Article 4.
standards in art. 2, third paragraph, of Law August 14, 1971, No 819, are extended for the purchase and system installation in the first paragraph of art. 3, the operators or owners of the cinemas belonging to the categories of medium and small cinema exhibition, wherever located and already in operation before the date of entry into force of this Act.
Article 5.
Without prejudice to the penalties provided for in this Law, the public security authorities may adopt measures under Article. 140 of the Regulation for the implementation of the consolidated public safety laws June 18, 1931, No 773, approved by Royal Decree of 6 May 1940, n. 635, in the cases:
a) they contravene the rules of Article. 2, third paragraph;
b) air-conditioning systems are not working or are not conducted in a manner appropriate or are not perfectly efficient.
Regardless of measures taken by the public security, authorization, exemption from compliance of the smoking ban under Article. 3, third paragraph, shall be suspended by the local police in the cases referred to in subparagraph b) of the preceding paragraph. The suspension may be revoked by the mayor, after hearing the medical officer, after finding the precise efficiency of the plant in operation, if such application is submitted by the holder of the premises.
In cases of repeated violations of the provisions contained in the letter b) of the first paragraph of this article or particularly severe violations, the mayor may revoke, after hearing the medical officer, the authorization for exemption from compliance of smoke-free provisions of art. 3, third paragraph.
Article 6.
are charged to the tenant of a set of local art. 1, letter b), all expenses necessary to carry out the checks referred to in the preceding article.
Section 7.
Offenders with art. 1 of this Law shall be subject to administrative sanction for payment of a sum of one thousand pounds to ten thousand pounds.
The persons referred to in the third paragraph of art. 2 which does not comply with the provisions contained in this Article shall be subject to payment of a sum of twenty thousand pounds to one hundred thousand lire, and this sum is increased by half in the cases provided for in art. 5, first paragraph, letter b).
The obligation to pay the amounts provided for in this law is not transmissible to heirs.
Article 8.
Violation, when possible, should be reported immediately to the offender, who is permitted to pay the minimum penalty in the hands of those who finds the violation.
If the dispute has not been personal to the offender, the particulars of the breach must be notified to beneficiaries residing in Italy within a period of thirty days after the.
If payment is not done immediately, the offender may do so within the period mandatory fifteen days from the date of notification of a dispute or even by means of payment in postal account at the place and in the manner specified in the verbal notification of the violation.
From the sixteenth day and until the sixtieth day after the protest or notification, the offender shall be permitted to pay, in the manner provided for in the preceding paragraph, an amount equal to one third of the maximum penalty. Article 9.
eligible party to establish the offenses, according to the rules referred to in art. 2 of this Act, does not take place if the payment referred to in art. 8, present report to the prefect, with proof of claims made or notifications. The prefect
if they believe founded the question, having heard the interested parties if they so request within fifteen days of the closing date for the offering, shall determine, by reasoned order, the sum due for the violation within the time limits, minimum and maximum provided by law and ordering the payment, together with the costs for the notifications, the infringer.
The injunction seeks a deadline for payment, which can not be less than thirty days and more than ninety days of notification.
The injunction is enforceable. Against it the parties concerned can bring action before a magistrate of the place where the violation has been established within maximum prefix for payment. The bringing of
before the magistrate does not suspend the enforcement of the assets of those against whom the order was issued, unless the court deems to have otherwise.
In opposition proceedings, the opponent may sue and be sued without the ministry of defense notwithstanding the provisions of art. 82, second paragraph of the Code of Civil Procedure. Procedural documents are exempt from stamp duty and its decision is not subject to the formalities of registration.
The opposition is proposing an action. The magistrate fixed by decree of the court appearance, to be held within twenty days, and has a notification by the Court of Appeal and the decree of the prefect and stakeholders.
E 'the final decision that decides the dispute.
Article 10.
The right to collect the amounts due for violations specified in this Law shall lapse within five years from the date on which the violation occurred.
Article 11.
Subject to the provisions of art. 9, once the specified period for payment, the collection of sums due, shall at the request of the Health Finance Office, through enforced compliance with the rules of the single text approved by Royal Decree of 14 April 1910 No 639, the compulsory collection of State taxes and other public bodies.
Article 12.
This Act comes into force on the eightieth day after the date of its publication in the Official Gazette of the Italian Republic.
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