Bill Text: NY A02299 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits smoking in public parks; sets $50 fine; defines terms.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HEALTH [A02299 Detail]

Download: New_York-2019-A02299-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2299--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2019
                                       ___________

        Introduced  by  M.  of  A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE,
          LIFTON -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  THIELE  --  read
          once  and referred to the Committee on Health -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  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    § 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:
     6    "Park"  means  public  parks,  beaches,  waters  and land under water,
     7  pools, boardwalks, marinas,  playgrounds,  recreation  centers  and  all
     8  other  property,  equipment,  buildings  and facilities now or hereafter
     9  under the jurisdiction, charge or control of any state or local  govern-
    10  ment  agency  or department; provided, however, that for the purposes of
    11  this section the term public park shall not include the Adirondack  park
    12  or the Catskill park as those terms are defined in section 9-0101 of the
    13  environmental conservation law.
    14    3.  The  provisions  of this section shall not apply to: (a) the side-
    15  walks immediately adjoining parks, squares and public  places;  (b)  any
    16  pedestrian route through any park strip, median or mall that is adjacent
    17  to  vehicular  traffic;  (c)  parking  lots  or roadways; (d) theatrical
    18  productions; and (e) any portion of a park that is  not  used  for  park
    19  purposes.  This  subdivision  shall  not  limit the applicability of any
    20  other laws to such places.
    21    § 2. Section 1399-v of the public health law, as added by chapter  244
    22  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.
                                                                   LBD00645-03-9
        A. 2299--A                          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.