Bill Text: NY S02655 | 2019-2020 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2019-06-20 - ordered to third reading rules cal.680 [S02655 Detail]

Download: New_York-2019-S02655-Amended.html

                STATE OF NEW YORK

            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.

        S. 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.