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.
