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

                                  1148

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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

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.
  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.
                                                           LBD01079-01-5

              

A. 1148                             2

PURPOSES.  THIS  SUBDIVISION  SHALL  NOT  LIMIT THE APPLICABILITY OF ANY
OTHER LAWS TO SUCH PLACES.
  S  2. Section 1399-v of the public health law, as added by chapter 244
of the laws of 1989, is amended to read as follows:
  S 1399-v. Penalties.  The commissioner may impose a civil penalty  for
a violation of this article in an amount not to exceed that set forth in
subdivision one of section twelve of this chapter. Any other enforcement
officer may impose a civil penalty for a violation of this article in an
amount  not to exceed that set forth in paragraph [f] (F) of subdivision
one of section three hundred nine of this chapter.  NOTWITHSTANDING  THE
FOREGOING  PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION THIRTEEN
HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.