Bill Text: NY A00450 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2014-04-29 - print number 450b [A00450 Detail]
Download: New_York-2013-A00450-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
450--B
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
ROBINSON, CAMARA, LIFTON -- Multi-Sponsored by -- M. of A. GOTTFRIED,
THIELE -- read once and referred to the Committee on Health -- recom-
mitted to the Committee on Health in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
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 S 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01486-06-4
A. 450--B 2
1 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO: (A) THE SIDE-
2 WALKS IMMEDIATELY ADJOINING PARKS, SQUARES AND PUBLIC PLACES; (B) ANY
3 PEDESTRIAN ROUTE THROUGH ANY PARK STRIP, MEDIAN OR MALL THAT IS ADJACENT
4 TO VEHICULAR TRAFFIC; (C) PARKING LOTS OR ROADWAYS; (D) THEATRICAL
5 PRODUCTIONS; AND (E) ANY PORTION OF A PARK THAT IS NOT USED FOR PARK
6 PURPOSES. THIS SUBDIVISION SHALL NOT LIMIT THE APPLICABILITY OF ANY
7 OTHER LAWS TO SUCH PLACES.
8 S 2. Section 1399-v of the public health law, as added by chapter 244
9 of the laws of 1989, is amended to read as follows:
10 S 1399-v. Penalties. The commissioner may impose a civil penalty for
11 a violation of this article in an amount not to exceed that set forth in
12 subdivision one of section twelve of this chapter. Any other enforcement
13 officer may impose a civil penalty for a violation of this article in an
14 amount not to exceed that set forth in paragraph [f] (F) of subdivision
15 one of section three hundred nine of this chapter. NOTWITHSTANDING THE
16 FOREGOING PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION THIRTEEN
17 HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
18 PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
19 S 3. This act shall take effect on the ninetieth day after it shall
20 have become a law.
