In this case we are not talking just about a smell - we are also talking about a chemical intoxicant, irrc, it's illegal to use strong solvents in a poorly ventilated public place because it's a health hazard - smoking is also a health hazard, which you share with other people who don't smoke.
Incense is an interesting one, actually, that stuff is also pretty toxic.
Think about this, compare to restrictions on noise pollution.
Like I said, screaming at someone is assault too - you'd be unlikely to be prosecuted, but if you were you could be convicted and fined.
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