|SAME AS||SAME AS A02299-B|
|COSPNSR||CARLUCCI, KRUEGER, LIU|
|Add §1399-o-2, amd §1399-v, Pub Health L|
|Prohibits smoking in public parks; sets $50 fine; defines terms.|
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STATE OF NEW YORK ________________________________________________________________________ 2655--B Cal. No. 834 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sens. STAVISKY, CARLUCCI, KRUEGER, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00645-07-9S. 2655--B 2 1 state park or portion thereof by the office of parks, recreation and 2 historic preservation. This subdivision shall not limit the applicabil- 3 ity of any other laws to such places. 4 § 2. Section 1399-v of the public health law, as added by chapter 244 5 of the laws of 1989, is amended to read as follows: 6 § 1399-v. Penalties. The commissioner may impose a civil penalty for 7 a violation of this article in an amount not to exceed that set forth in 8 subdivision one of section twelve of this chapter. Any other enforcement 9 officer may impose a civil penalty for a violation of this article in an 10 amount not to exceed that set forth in paragraph [ f] (f) of subdivision 11 one of section three hundred nine of this chapter. Notwithstanding the 12 foregoing provisions, a violation of the provisions of section thirteen 13 hundred ninety-nine-o-two of this article shall be punishable by a civil 14 penalty of fifty dollars for each violation. 15 § 3. This act shall take effect on the ninetieth day after it shall 16 have become a law.