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A06451 Summary:

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A06451 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6451--C
                                                                Cal. No. 211
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2011
                                       ___________
 
        Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
          N. RIVERA,  TOBACCO,  MENG, ENGLEBRIGHT, P. RIVERA, ABINANTI, ROBERTS,
          ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN -- Multi-Sponsored by  --  M.  of  A.
          ARROYO,  CALHOUN,  CERETTO,  CONTE,  CROUCH,  HEASTIE, HEVESI, HOOPER,

          LANCMAN, LIFTON,  MARKEY,  McKEVITT,  J. MILLER,  MONTESANO,  SWEENEY,
          THIELE, TITONE -- read once and referred to the Committee on Health --
          advanced  to a third reading, amended and ordered reprinted, retaining
          its place on the order of third reading  --  again  amended  on  third
          reading,  ordered reprinted, retaining its place on the order of third
          reading -- again amended on third reading, ordered reprinted,  retain-
          ing its place on the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07580-05-2
        A. 6451--C                          2
 
     1  based solely or in part on an alleged violation of  subdivision  one  of
     2  this  section,  nor  may an alleged violation of subdivision one of this

     3  section support probable cause to conduct any search or  limited  search
     4  of any person or his or her immediate surroundings.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.