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Assembly Bill A6543

2011-2012 Legislative Session

Relates to smoking restrictions on playgrounds and enforcement by park police

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Archive: Last Bill Status - In Assembly Committee

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2011-A6543 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-y, Pub Health L; add §13.18, Pks & Rec L
Versions Introduced in 2013-2014 Legislative Session:
A3663

2011-A6543 (ACTIVE) - Summary

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

2011-A6543 (ACTIVE) - Bill Text download pdf 

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

                                  6543

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law  and  the  parks,  recreation  and
  historic  preservation  law,  in  relation  to smoking restrictions on
  playgrounds

  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-y to read as follows:
  S 1399-Y. SMOKING RESTRICTIONS ON PLAYGROUNDS. 1. SMOKING SHALL NOT BE
PERMITTED AND NO PERSON SHALL SMOKE AT ANY PLAYGROUND. FOR THE  PURPOSES
OF  THIS SECTION, THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED,
EQUIPPED, AND SET ASIDE FOR PLAY OF SIX OR MORE CHILDREN  WHICH  IS  NOT
INTENDED  FOR  USE  AS  AN ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND
SHALL INCLUDE ANY PLAY EQUIPMENT, SURFACING,  FENCING,  SIGNS,  INTERNAL
PATHWAYS, INTERNAL LAND FORMS, VEGETATION, AND RELATED STRUCTURES. PLAY-
GROUNDS  OR PLAYGROUND EQUIPMENT CONSTRUCTED UPON ONE, TWO AND THREE-FA-
MILY RESIDENTIAL REAL PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF  THIS
SECTION.
  2.  PURSUANT  TO  SECTION  13.18 OF THE PARKS, RECREATION AND HISTORIC
PRESERVATION LAW, THE REGIONAL STATE PARK POLICE SHALL HAVE THE AUTHORI-
TY TO ENFORCE THE RESTRICTIONS IMPOSED BY THIS SECTION AT ALL SUCH PLAY-
GROUNDS.
  3. AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS SECTION  SHALL  NOT
SUPPORT PROBABLE CAUSE FOR ANY POLICE OFFICER, PARK OFFICER, PEACE OFFI-
CER,  REGULATORY  OFFICER  OR  LAW  ENFORCEMENT  OFFICIAL TO CONDUCT ANY
SEARCH OR  LIMITED  SEARCH  OF  ANY  PERSON  OR  HIS  OR  HER  IMMEDIATE
SURROUNDINGS.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.18 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09649-01-1

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