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A02299 Summary:

SPONSORDinowitz (MS)
COSPNSREnglebright, Ortiz, Rivera, Jaffee, Lifton
MLTSPNSRGottfried, Thiele
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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A02299 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
        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:
     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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2299                             2
     1  purposes.  This  subdivision  shall  not  limit the applicability of any
     2  other laws to such places.
     3    §  2. Section 1399-v of the public health law, as added by chapter 244
     4  of the laws of 1989, is amended to read as follows:
     5    § 1399-v. Penalties.  The commissioner may impose a civil penalty  for
     6  a violation of this article in an amount not to exceed that set forth in
     7  subdivision one of section twelve of this chapter. Any other enforcement
     8  officer may impose a civil penalty for a violation of this article in an
     9  amount  not to exceed that set forth in paragraph [f] (f) of subdivision
    10  one of section three hundred nine of this chapter.  Notwithstanding  the
    11  foregoing  provisions, a violation of the provisions of section thirteen
    12  hundred ninety-nine-o-two of this article shall be punishable by a civil
    13  penalty of fifty dollars for each violation.
    14    § 3. This act shall take effect on the ninetieth day  after  it  shall
    15  have become a law.
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