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Assembly Bill A6156A

2011-2012 Legislative Session

Relates to prohibiting smoking in public parks and pedestrian plazas

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A6156 - Details

See Senate Version of this Bill:
S6564
Current Committee:
Assembly Codes
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: A450, S464
2015-2016: A1148, S3171
2017-2018: A837, S5210
2019-2020: A2299, S2655
2021-2022: A5061, S4142

2011-A6156 - Summary

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

2011-A6156 - Bill Text download pdf 

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

                                  6156

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by M. of A. DINOWITZ, ENGLEBRIGHT, ORTIZ, P. RIVERA, JAFFEE,
  N. RIVERA, ROBINSON, BOYLAND, CAMARA -- Multi-Sponsored by -- M. of A.
  GOTTFRIED, THIELE -- read once and referred 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; AND (D) THEATRICAL PRODUCTIONS.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09281-01-1

co-Sponsors

multi-Sponsors

2011-A6156A (ACTIVE) - Details

See Senate Version of this Bill:
S6564
Current Committee:
Assembly Codes
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: A450, S464
2015-2016: A1148, S3171
2017-2018: A837, S5210
2019-2020: A2299, S2655
2021-2022: A5061, S4142

2011-A6156A (ACTIVE) - Summary

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

2011-A6156A (ACTIVE) - Bill Text download pdf 

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

                                 6156--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by M. of A. DINOWITZ, ENGLEBRIGHT, ORTIZ, P. RIVERA, JAFFEE,
  N. RIVERA, ROBINSON, BOYLAND, CAMARA -- 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

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09281-02-1

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