STATE OF NEW YORK
________________________________________________________________________
6564
IN SENATE
February 28, 2012
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Introduced by Sen. STAVISKY -- 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-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 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.
12 (b) "Pedestrian plaza" means an area designated by the department of
13 transportation for use as a plaza located within the bed of a roadway,
14 which may contain benches, tables or other facilities for pedestrian
15 use.
16 3. The provisions of this section shall not apply to: (a) the side-
17 walks immediately adjoining parks, squares and public places; (b) any
18 pedestrian route through any park strip, median or mall that is adjacent
19 to vehicular traffic; (c) parking lots or roadways; (d) theatrical
20 productions; and (e) any portion of a park that is not used for park
21 purposes. This subdivision shall not limit the applicability of any
22 other laws to such places.
23 § 2. Section 1399-v of the public health law, as added by chapter 244
24 of the laws of 1989, is amended to read as follows:
25 § 1399-v. Penalties. The commissioner may impose a civil penalty for
26 a violation of this article in an amount not to exceed that set forth in
27 subdivision one of section twelve of this chapter. Any other enforcement
28 officer may impose a civil penalty for a violation of this article in an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09281-03-2
S. 6564 2
1 amount not to exceed that set forth in paragraph f of subdivision one of
2 section three hundred nine of this chapter. Notwithstanding the forego-
3 ing provisions, a violation of the provisions of section thirteen
4 hundred ninety-nine-o-1 of this article shall be punishable by a civil
5 penalty of fifty dollars for each violation.
6 § 3. This act shall take effect on the ninetieth day after it shall
7 have become a law.
