S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    837
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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:
 
   Section  1.  The  public health law is amended by adding a new section
 1399-o-2 to read as follows:
   § 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.
                                                            LBD03568-01-7
              

 A. 837                              2
 
 PURPOSES.  THIS  SUBDIVISION  SHALL  NOT  LIMIT THE APPLICABILITY OF ANY
 OTHER LAWS TO SUCH PLACES.
   §  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:
   § 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.