|SAME AS||SAME AS A00837|
|Add §1399-o-2, amd §1399-v, Pub Health L|
|Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.|
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STATE OF NEW YORK ________________________________________________________________________ 5210 2017-2018 Regular Sessions IN SENATE March 16, 2017 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. The public health law is amended by adding a new section 2 1399-o-2 to read as follows: 3 § 1399-o-2. Smoking restrictions; certain outdoor areas. 1. Smoking 4 shall not be permitted and no person shall smoke in any public park or 5 pedestrian plaza. 6 2. For the purposes of this section: 7 (a) "Park" means public parks, beaches, waters and land under water, 8 pools, boardwalks, marinas, playgrounds, recreation centers and all 9 other property, equipment, buildings and facilities now or hereafter 10 under the jurisdiction, charge or control of any state or local govern- 11 ment agency or department; provided, however, that for the purposes of 12 this section the term public park shall not include the Adirondack park 13 or the Catskill park as those terms are defined in section 9-0101 of the 14 environmental conservation law. 15 (b) "Pedestrian plaza" means an area designated by the department of 16 transportation for use as a plaza located within the bed of a roadway, 17 which may contain benches, tables or other facilities for pedestrian 18 use. 19 3. The provisions of this section shall not apply to: (a) the side- 20 walks immediately adjoining parks, squares and public places; (b) any 21 pedestrian route through any park strip, median or mall that is adjacent 22 to vehicular traffic; (c) parking lots or roadways; (d) theatrical 23 productions; and (e) any portion of a park that is not used for park 24 purposes. This subdivision shall not limit the applicability of any 25 other laws to such places. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03568-01-7S. 5210 2 1 § 2. Section 1399-v of the public health law, as added by chapter 244 2 of the laws of 1989, is amended to read as follows: 3 § 1399-v. Penalties. The commissioner may impose a civil penalty for 4 a violation of this article in an amount not to exceed that set forth in 5 subdivision one of section twelve of this chapter. Any other enforcement 6 officer may impose a civil penalty for a violation of this article in an 7 amount not to exceed that set forth in paragraph [ f] (f) of subdivision 8 one of section three hundred nine of this chapter. Notwithstanding the 9 foregoing provisions, a violation of the provisions of section thirteen 10 hundred ninety-nine-o-two of this article shall be punishable by a civil 11 penalty of fifty dollars for each violation. 12 § 3. This act shall take effect on the ninetieth day after it shall 13 have become a law.