senate Bill S6564

2011-2012 Legislative Session

Relates to prohibiting smoking in public parks and pedestrian plazas

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 28, 2012 referred to health

S6564 (ACTIVE) - Details

See Assembly Version of this Bill:
A6156
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-o-1, amd §1399-v, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S464, A450
2015-2016: S3171, A1148
2017-2018: S5210, A837
2019-2020: S2655, A2299
2021-2022: S4142, A5061

S6564 (ACTIVE) - Summary

Prohibits smoking in public parks and pedestrian plazas; sets $50 fine; defines terms.

S6564 (ACTIVE) - Sponsor Memo

S6564 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6564

                            I N  S E N A T E

                            February 28, 2012
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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:

  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. 1. SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC  PARK  OR
PEDESTRIAN PLAZA.
  2. FOR THE PURPOSES OF THIS SECTION:
  (A)  "PARK"  MEANS PUBLIC PARKS, BEACHES, WATERS AND LAND UNDER WATER,
POOLS, BOARDWALKS, MARINAS,  PLAYGROUNDS,  RECREATION  CENTERS  AND  ALL
OTHER  PROPERTY,  EQUIPMENT,  BUILDINGS  AND FACILITIES NOW OR HEREAFTER
UNDER THE JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL  GOVERN-
MENT AGENCY OR DEPARTMENT.
  (B)  "PEDESTRIAN  PLAZA" MEANS AN AREA DESIGNATED BY THE DEPARTMENT OF
TRANSPORTATION FOR USE AS A PLAZA LOCATED WITHIN THE BED OF  A  ROADWAY,
WHICH  MAY  CONTAIN  BENCHES,  TABLES OR OTHER FACILITIES FOR PEDESTRIAN
USE.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:  (A)  THE  SIDE-
WALKS  IMMEDIATELY  ADJOINING  PARKS, SQUARES AND PUBLIC PLACES; (B) ANY
PEDESTRIAN ROUTE THROUGH ANY PARK STRIP, MEDIAN OR MALL THAT IS ADJACENT
TO VEHICULAR TRAFFIC; (C)  PARKING  LOTS  OR  ROADWAYS;  (D)  THEATRICAL
PRODUCTIONS;  AND  (E)  ANY  PORTION OF A PARK THAT IS NOT USED FOR PARK
PURPOSES. THIS SUBDIVISION SHALL NOT  LIMIT  THE  APPLICABILITY  OF  ANY
OTHER LAWS TO SUCH PLACES.
  S  2. Section 1399-v of the public health law, as added by chapter 244
of the laws of 1989, is amended to read as follows:
  S 1399-v. Penalties.  The commissioner may impose a civil penalty  for
a violation of this article in an amount not to exceed that set forth in
subdivision one of section twelve of this chapter. Any other enforcement
officer may impose a civil penalty for a violation of this article in an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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