Assembly Bill A450B

2013-2014 Legislative Session

Relates to prohibiting smoking in public parks and pedestrian plazas

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A450 - Details

See Senate Version of this Bill:
S464
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6156, S6564
2015-2016: A1148, S3171
2017-2018: A837, S5210
2019-2020: A2299, S2655
2021-2022: A5061, S4142

2013-A450 - Summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

2013-A450 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   450

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
  ROBINSON, BOYLAND, CAMARA, 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:

  Section  1.  The  public health law is amended by adding a new section
1399-o-1 to read as follows:
  S 1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR  AREAS.  1.  SMOKING
SHALL  NOT  BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK OR
PEDESTRIAN PLAZA.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "PARK" MEANS PUBLIC PARKS, BEACHES, WATERS AND LAND  UNDER  WATER,
POOLS,  BOARDWALKS,  MARINAS,  PLAYGROUNDS,  RECREATION  CENTERS AND ALL
OTHER PROPERTY, EQUIPMENT, BUILDINGS AND  FACILITIES  NOW  OR  HEREAFTER
UNDER  THE JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERN-
MENT AGENCY OR DEPARTMENT.
  (B) "PEDESTRIAN PLAZA" MEANS AN AREA DESIGNATED BY THE  DEPARTMENT  OF
TRANSPORTATION  FOR  USE AS A PLAZA LOCATED WITHIN THE BED OF A ROADWAY,
WHICH MAY CONTAIN BENCHES, TABLES OR  OTHER  FACILITIES  FOR  PEDESTRIAN
USE.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO: (A) THE SIDE-
WALKS IMMEDIATELY ADJOINING PARKS, SQUARES AND PUBLIC  PLACES;  (B)  ANY
PEDESTRIAN ROUTE THROUGH ANY PARK STRIP, MEDIAN OR MALL THAT IS ADJACENT
TO  VEHICULAR  TRAFFIC;  (C)  PARKING  LOTS  OR ROADWAYS; (D) THEATRICAL
PRODUCTIONS; AND (E) ANY PORTION OF A PARK THAT IS  NOT  USED  FOR  PARK
PURPOSES.  THIS  SUBDIVISION  SHALL  NOT  LIMIT THE APPLICABILITY OF ANY
OTHER LAWS TO SUCH PLACES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01486-01-3

co-Sponsors

multi-Sponsors

2013-A450A - Details

See Senate Version of this Bill:
S464
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6156, S6564
2015-2016: A1148, S3171
2017-2018: A837, S5210
2019-2020: A2299, S2655
2021-2022: A5061, S4142

2013-A450A - Summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

2013-A450A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 450--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
  ROBINSON, BOYLAND, CAMARA, LIFTON -- Multi-Sponsored by --  M.  of  A.
  GOTTFRIED, THIELE -- read once and referred to the Committee on Health
  --  recommitted to the Committee on Health in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  The  public health law is amended by adding a new section
1399-o-2 to read as follows:
  S 1399-O-2. SMOKING RESTRICTIONS; CERTAIN OUTDOOR  AREAS.  1.  SMOKING
SHALL  NOT  BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK OR
PEDESTRIAN PLAZA.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A) "PARK" MEANS PUBLIC PARKS, BEACHES, WATERS AND LAND  UNDER  WATER,
POOLS,  BOARDWALKS,  MARINAS,  PLAYGROUNDS,  RECREATION  CENTERS AND ALL
OTHER PROPERTY, EQUIPMENT, BUILDINGS AND  FACILITIES  NOW  OR  HEREAFTER
UNDER  THE JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERN-
MENT AGENCY OR DEPARTMENT.
  (B) "PEDESTRIAN PLAZA" MEANS AN AREA DESIGNATED BY THE  DEPARTMENT  OF
TRANSPORTATION  FOR  USE AS A PLAZA LOCATED WITHIN THE BED OF A ROADWAY,
WHICH MAY CONTAIN BENCHES, TABLES OR  OTHER  FACILITIES  FOR  PEDESTRIAN
USE.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO: (A) THE SIDE-
WALKS IMMEDIATELY ADJOINING PARKS, SQUARES AND PUBLIC  PLACES;  (B)  ANY
PEDESTRIAN ROUTE THROUGH ANY PARK STRIP, MEDIAN OR MALL THAT IS ADJACENT
TO  VEHICULAR  TRAFFIC;  (C)  PARKING  LOTS  OR ROADWAYS; (D) THEATRICAL
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.

co-Sponsors

multi-Sponsors

2013-A450B (ACTIVE) - Details

See Senate Version of this Bill:
S464
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-2, amd §1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6156, S6564
2015-2016: A1148, S3171
2017-2018: A837, S5210
2019-2020: A2299, S2655
2021-2022: A5061, S4142

2013-A450B (ACTIVE) - Summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

2013-A450B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 450--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
  ROBINSON, CAMARA, LIFTON -- Multi-Sponsored by -- M. of A.  GOTTFRIED,
  THIELE  -- read once and referred to the Committee on Health -- recom-
  mitted to the Committee on Health in accordance with Assembly Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

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:

  Section 1. The public health law is amended by adding  a  new  section
1399-o-2 to read as follows:
  S  1399-O-2.  SMOKING  RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC  PARK  OR
PEDESTRIAN PLAZA.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A)  "PARK"  MEANS PUBLIC PARKS, BEACHES, WATERS AND LAND UNDER WATER,
POOLS, BOARDWALKS, MARINAS,  PLAYGROUNDS,  RECREATION  CENTERS  AND  ALL
OTHER  PROPERTY,  EQUIPMENT,  BUILDINGS  AND FACILITIES NOW OR HEREAFTER
UNDER THE JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL  GOVERN-
MENT  AGENCY  OR DEPARTMENT; PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF
THIS SECTION THE TERM PUBLIC PARK SHALL NOT INCLUDE THE ADIRONDACK  PARK
OR THE CATSKILL PARK AS THOSE TERMS ARE DEFINED IN SECTION 9-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW.
  (B)  "PEDESTRIAN  PLAZA" MEANS AN AREA DESIGNATED BY THE DEPARTMENT OF
TRANSPORTATION FOR USE AS A PLAZA LOCATED WITHIN THE BED OF  A  ROADWAY,
WHICH  MAY  CONTAIN  BENCHES,  TABLES OR OTHER FACILITIES FOR PEDESTRIAN
USE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.