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Assembly Bill A8155

2015-2016 Legislative Session

Prohibits any person from smoking at a playground

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Archive: Last Bill Status - In Assembly Committee

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2015-A8155 (ACTIVE) - Details

See Senate Version of this Bill:
S1998
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add ยง1399-o-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3242
2011-2012: S4401
2013-2014: S1449

2015-A8155 (ACTIVE) - Summary

Prohibits any person from smoking at a playground; provides a definition as to what constitutes a playground.

2015-A8155 (ACTIVE) - Bill Text download pdf 

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

                                  8155

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2015
                               ___________

Introduced by M. of A. LAVINE -- 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:

  Section  1.  Section  1399-o-1  of  the public health law, as added by
chapter 102 of the laws of 2013, is amended to read as follows:
  S 1399-o-1. Smoking restrictions; certain outdoor  areas.  1.  Smoking
shall  not  be  permitted  [and  no  person shall smoke during the hours
between sunrise and sunset, when one or more persons under  the  age  of
twelve  are  present  at  any playground] WITHIN FIFTY FEET OF ANY PLAY-
GROUND AT ANY TIME.  For the purposes of this section, the  term  "play-
ground"  means  an  improved  area designed, equipped, and set aside for
play of six or more children which is not intended for use as an athlet-
ic playing field or athletic court, and shall include  any  play  equip-
ment, surfacing, fencing, signs, internal pathways, internal land forms,
vegetation,  and related structures. Playgrounds or playground equipment
constructed upon one, two and three-family residential real property are
exempt from the requirements of this section. [This  section  shall  not
apply to any playground located within the city of New York.]
  2.  No  police  officer,  peace  officer,  regulatory  officer  or law
enforcement official may arrest[, ticket, stop or question]  any  person
based  solely [or in part] on an alleged violation of subdivision one of
this section, nor may an alleged violation of subdivision  one  of  this
section  support  probable cause to conduct any search or limited search
of any person or his or her immediate surroundings.
  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.
                                                           LBD05214-01-5

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