STATE OF NEW YORK
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1643
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sen. CARLUCCI -- 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. 1. Smoking
4 shall not be permitted and no person shall smoke during the hours
5 between sunrise and sunset, when one or more persons under the age of
6 twelve are present at any playground. For the purposes of this section,
7 the term "playground" means an improved area designed, equipped, and set
8 aside for play of six or more children which is not intended for use as
9 an athletic playing field or athletic court, and shall include any play
10 equipment, surfacing, fencing, signs, internal pathways, internal land
11 forms, vegetation, and related structures. Playgrounds or playground
12 equipment constructed upon one, two and three-family residential real
13 property are exempt from the requirements of this section. This section
14 shall not apply to any playground located within the city of New York.
15 2. No police officer, peace officer, regulatory officer or law
16 enforcement official may arrest, ticket, stop or question any person
17 based solely or in part on an alleged violation of subdivision one of
18 this section, nor may an alleged violation of subdivision one of this
19 section support probable cause to conduct any search or limited search
20 of any person or his or her immediate surroundings.
21 § 2. This act shall take effect on the ninetieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04782-01-3
