STATE OF NEW YORK
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1449
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting smok-
ing at playgrounds
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1399-o-1 to read as follows:
3 § 1399-o-1. Smoking restrictions; certain outdoor areas. Smoking
4 shall not be permitted and no person shall smoke within fifty feet of
5 any playground. For the purposes of this section, the term "playground"
6 means an improved area designed, equipped, and set aside for play of six
7 or more children which is not intended for use as an athletic playing
8 field or athletic court, and shall include any play equipment, surfac-
9 ing, fencing, signs, internal pathways, internal land forms, vegetation,
10 and related structures. Playgrounds or playground equipment constructed
11 upon one, two and three-family residential real property are exempt from
12 the requirements of this section.
13 § 2. This act shall take effect on the ninetieth day after it shall
14 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05653-01-3
