STATE OF NEW YORK
________________________________________________________________________
837
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
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Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
LIFTON -- Multi-Sponsored by -- M. of A. GOTTFRIED, THIELE -- read
once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03568-01-7
A. 837 2
1 purposes. This subdivision shall not limit the applicability of any
2 other laws to such places.
3 § 2. Section 1399-v of the public health law, as added by chapter 244
4 of the laws of 1989, is amended to read as follows:
5 § 1399-v. Penalties. The commissioner may impose a civil penalty for
6 a violation of this article in an amount not to exceed that set forth in
7 subdivision one of section twelve of this chapter. Any other enforcement
8 officer may impose a civil penalty for a violation of this article in an
9 amount not to exceed that set forth in paragraph [f] (f) of subdivision
10 one of section three hundred nine of this chapter. Notwithstanding the
11 foregoing provisions, a violation of the provisions of section thirteen
12 hundred ninety-nine-o-two of this article shall be punishable by a civil
13 penalty of fifty dollars for each violation.
14 § 3. This act shall take effect on the ninetieth day after it shall
15 have become a law.
