Bill Text: NY A04025 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to smoking restrictions on playgrounds and enforcement by park police.

Spectrum: Moderate Partisan Bill (Democrat 26-5)

Status: (Passed) 2013-07-12 - signed chap.102 [A04025 Detail]

Download: New_York-2013-A04025-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4025
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
         ENGLEBRIGHT,  ABINANTI,  ROBERTS,  ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN --
         Multi-Sponsored by -- M.   of A.  ARROYO,  CERETTO,  CROUCH,  HEASTIE,
         HEVESI,  HOOPER, LIFTON, MARKEY, McKEVITT, MONTESANO, SWEENEY, THIELE,
         TITONE -- read once and referred to the Committee on Health
       AN ACT to amend the public health law, in relation to prohibiting  smok-
         ing at playgrounds
         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-1 to read as follows:
    3    S  1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS.  1.  SMOKING
    4  SHALL NOT BE PERMITTED AND  NO  PERSON  SHALL  SMOKE  DURING  THE  HOURS
    5  BETWEEN  SUNRISE  AND  SUNSET, WHEN ONE OR MORE PERSONS UNDER THE AGE OF
    6  TWELVE ARE PRESENT AT ANY PLAYGROUND.  FOR THE PURPOSES OF THIS SECTION,
    7  THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET
    8  ASIDE FOR PLAY OF SIX OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE  AS
    9  AN  ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY
   10  EQUIPMENT, SURFACING, FENCING, SIGNS, INTERNAL PATHWAYS,  INTERNAL  LAND
   11  FORMS,  VEGETATION,  AND  RELATED  STRUCTURES. PLAYGROUNDS OR PLAYGROUND
   12  EQUIPMENT CONSTRUCTED UPON ONE, TWO AND  THREE-FAMILY  RESIDENTIAL  REAL
   13  PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.  THIS SECTION
   14  SHALL NOT APPLY TO ANY PLAYGROUND LOCATED WITHIN THE CITY OF NEW YORK.
   15    2.  NO  POLICE  OFFICER,  PEACE  OFFICER,  REGULATORY  OFFICER  OR LAW
   16  ENFORCEMENT OFFICIAL MAY ARREST, TICKET, STOP  OR  QUESTION  ANY  PERSON
   17  BASED  SOLELY  OR  IN PART ON AN ALLEGED VIOLATION OF SUBDIVISION ONE OF
   18  THIS SECTION, NOR MAY AN ALLEGED VIOLATION OF SUBDIVISION  ONE  OF  THIS
   19  SECTION  SUPPORT  PROBABLE CAUSE TO CONDUCT ANY SEARCH OR LIMITED SEARCH
   20  OF ANY PERSON OR HIS OR HER IMMEDIATE SURROUNDINGS.
   21    S 2. This act shall take effect on the ninetieth day  after  it  shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04782-01-3