S T A T E O F N E W Y O R K
________________________________________________________________________
1837
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. DINOWITZ, GOTTFRIED, MAYERSOHN, JAFFEE, GALEF --
Multi-Sponsored by -- M. of A. LIFTON, McENENY -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting smok-
ing on public beaches and in public parks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1399-o-1 to read as follows:
S 1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS. SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE ON ANY PUBLIC BEACHES
OR GOLF COURSES OR IN ANY PUBLIC PARK IN THIS STATE; PROVIDED, HOWEVER,
THAT THE GOVERNING BODY OF A MUNICIPALITY OR POLITICAL SUBDIVISION WHICH
OPERATES OR MAINTAINS A PUBLIC PARK, BEACH OR GOLF COURSE, OR THE STATE
AGENCY OR OTHER ENTITY WHICH OPERATES OR MAINTAINS A STATE PARK, BEACH
OR GOLF COURSE, MAY DESIGNATE AREAS WITHIN SUCH PUBLIC PARK, BEACH OR
GOLF COURSE, IN WHICH SMOKING SHALL BE PERMITTED. WHERE SMOKING AREAS
ARE SO DESIGNATED THE LOCAL GOVERNING BODY OR STATE AGENCY OR ENTITY
SHALL PROVIDE ASHTRAYS IN SUCH AREAS AND POST SIGNS DIRECTING INDIVID-
UALS TO PROPERLY DISPOSE OF CIGARETTES. FOR PURPOSES OF THIS SECTION THE
TERM PUBLIC PARK SHALL NOT INCLUDE THE ADIRONDACK PARK OR THE CATSKILL
PARK AS THOSE TERMS ARE DEFINED IN SECTION 9-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03158-01-9