STATE OF NEW YORK
________________________________________________________________________
3171
2015-2016 Regular Sessions
IN SENATE
February 3, 2015
___________
Introduced by Sens. STAVISKY, KRUEGER -- 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 in certain outdoor areas
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-2 to read as follows:
3 § 1399-o-2. Smoking restrictions; certain outdoor areas. 1. Smoking
4 shall not be permitted and no person shall smoke in any public park or
5 pedestrian plaza.
6 2. For the purposes of this section:
7 (a) "Park" means public parks, beaches, waters and land under water,
8 pools, boardwalks, marinas, playgrounds, recreation centers and all
9 other property, equipment, buildings and facilities now or hereafter
10 under the jurisdiction, charge or control of any state or local govern-
11 ment agency or department; provided, however, that for the purposes of
12 this section the term public park shall not include the Adirondack park
13 or the Catskill park as those terms are defined in section 9-0101 of the
14 environmental conservation law.
15 (b) "Pedestrian plaza" means an area designated by the department of
16 transportation for use as a plaza located within the bed of a roadway,
17 which may contain benches, tables or other facilities for pedestrian
18 use.
19 3. The provisions of this section shall not apply to: (a) the side-
20 walks immediately adjoining parks, squares and public places; (b) any
21 pedestrian route through any park strip, median or mall that is adjacent
22 to vehicular traffic; (c) parking lots or roadways; (d) theatrical
23 productions; and (e) any portion of a park that is not used for park
24 purposes. This subdivision shall not limit the applicability of any
25 other laws to such places.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01079-01-5
S. 3171 2
1 § 2. Section 1399-v of the public health law, as added by chapter 244
2 of the laws of 1989, is amended to read as follows:
3 § 1399-v. Penalties. The commissioner may impose a civil penalty for
4 a violation of this article in an amount not to exceed that set forth in
5 subdivision one of section twelve of this chapter. Any other enforcement
6 officer may impose a civil penalty for a violation of this article in an
7 amount not to exceed that set forth in paragraph [f] (f) of subdivision
8 one of section three hundred nine of this chapter. Notwithstanding the
9 foregoing provisions, a violation of the provisions of section thirteen
10 hundred ninety-nine-o-two of this article shall be punishable by a civil
11 penalty of fifty dollars for each violation.
12 § 3. This act shall take effect on the ninetieth day after it shall
13 have become a law.
