STATE OF NEW YORK
________________________________________________________________________
6543
2011-2012 Regular Sessions
IN ASSEMBLY
March 21, 2011
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the parks, recreation and
historic preservation law, in relation to smoking restrictions on
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-y to read as follows:
3 § 1399-y. Smoking restrictions on playgrounds. 1. Smoking shall not be
4 permitted and no person shall smoke at any playground. For the purposes
5 of this section, the term "playground" means an improved area designed,
6 equipped, and set aside for play of six or more children which is not
7 intended for use as an athletic playing field or athletic court, and
8 shall include any play equipment, surfacing, fencing, signs, internal
9 pathways, internal land forms, vegetation, and related structures. Play-
10 grounds or playground equipment constructed upon one, two and three-fa-
11 mily residential real property are exempt from the requirements of this
12 section.
13 2. Pursuant to section 13.18 of the parks, recreation and historic
14 preservation law, the regional state park police shall have the authori-
15 ty to enforce the restrictions imposed by this section at all such play-
16 grounds.
17 3. An alleged violation of subdivision one of this section shall not
18 support probable cause for any police officer, park officer, peace offi-
19 cer, regulatory officer or law enforcement official to conduct any
20 search or limited search of any person or his or her immediate
21 surroundings.
22 § 2. The parks, recreation and historic preservation law is amended by
23 adding a new section 13.18 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09649-01-1
A. 6543 2
1 § 13.18. Smoking restrictions on playgrounds. The regional state park
2 police shall have the authority to enforce the restrictions set forth in
3 subdivision one of section thirteen hundred ninety-nine-y of the public
4 health law. The park police may impose a civil penalty for a violation
5 of section thirteen hundred ninety-nine-y of the public health law in an
6 amount not to exceed one hundred dollars for a single violation or fail-
7 ure.
8 § 3. This act shall take effect on the ninetieth day after it shall
9 have become a law.
