Bill Text: NY S04142 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits smoking in public parks; sets $50 fine; defines terms.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-06-01 - SUBSTITUTED BY A5061 [S04142 Detail]
Download: New_York-2021-S04142-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4142 2021-2022 Regular Sessions IN SENATE February 2, 2021 ___________ Introduced by Sens. STAVISKY, KRUEGER, LIU -- 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. 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. 24 § 2. Section 1399-v of the public health law, as added by chapter 244 25 of the laws of 1989, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05215-01-1S. 4142 2 1 § 1399-v. Penalties. The commissioner may impose a civil penalty for 2 a violation of this article in an amount not to exceed that set forth in 3 subdivision one of section twelve of this chapter. Any other enforcement 4 officer may impose a civil penalty for a violation of this article in an 5 amount not to exceed that set forth in paragraph [f] (f) of subdivision 6 one of section three hundred nine of this chapter. Notwithstanding the 7 foregoing provisions, a violation of the provisions of section thirteen 8 hundred ninety-nine-o-two of this article shall be punishable by a civil 9 penalty of fifty dollars for each violation. 10 § 3. This act shall take effect on the ninetieth day after it shall 11 have become a law.