S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5061
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by M. of A. DINOWITZ, ENGLEBRIGHT, J. RIVERA, FAHY -- 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.
   2. FOR THE PURPOSES OF THIS SECTION "PARK" SHALL MEAN:
   (A)  PUBLIC  PARKS,  BEACHES, POOLS, BOARDWALKS, MARINAS, PLAYGROUNDS,
 RECREATION CENTERS, AND GROUP CAMPS; AND
   (B) EQUIPMENT, BUILDINGS AND FACILITIES NOW  OR  HEREAFTER  UNDER  THE
 JURISDICTION,  CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERNMENT AGENCY
 OR DEPARTMENT THAT ARE LOCATED AT OR ON ANY PROPERTY DESCRIBED IN  PARA-
 GRAPH  (A) OF THIS SUBDIVISION; 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.
   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, EXCEPT WHEN SMOKING HAS  BEEN  SPECIFICALLY  PROHIBITED  IN  A
 STATE  PARK  OR  PORTION  THEREOF BY THE OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION.  THIS SUBDIVISION SHALL NOT LIMIT THE APPLICABIL-
 ITY OF ANY OTHER LAWS TO SUCH PLACES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05215-01-1
              

 A. 5061                             2
 
   § 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.