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A05061 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5061
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     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.
     5    2. For the purposes of this section "park" shall mean:
     6    (a)  public  parks,  beaches, pools, boardwalks, marinas, playgrounds,
     7  recreation centers, and group camps; and
     8    (b) equipment, buildings and facilities now  or  hereafter  under  the
     9  jurisdiction,  charge or control of any state or local government agency
    10  or department that are located at or on any property described in  para-
    11  graph  (a) of this subdivision; provided, however, that for the purposes
    12  of this section the term public park shall not  include  the  Adirondack
    13  park  or  the Catskill park as those terms are defined in section 9-0101
    14  of the environmental conservation law.
    15    3. The provisions of this section shall not apply to:  (a)  the  side-
    16  walks  immediately  adjoining  parks, squares and public places; (b) any
    17  pedestrian route through any park strip, median or mall that is adjacent
    18  to vehicular traffic; (c)  parking  lots  or  roadways;  (d)  theatrical
    19  productions;  and  (e)  any  portion of a park that is not used for park
    20  purposes, except when smoking has  been  specifically  prohibited  in  a
    21  state  park  or  portion  thereof by the office of parks, recreation and
    22  historic preservation.  This subdivision shall not limit the applicabil-
    23  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
 
     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.
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