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

---

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

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         2299--B

                               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  --  reported  and  referred  to  the  Committee on Codes --
          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 "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.
                                                                   LBD00645-06-9
        A. 2299--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.