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S02655 Summary:

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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S02655 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
        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.

        S. 2655                             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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