S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4142
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  STAVISKY,  KRUEGER, LIU -- 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-2 to read as follows:
   §  1399-O-2.  SMOKING  RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING
 SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY PUBLIC PARK.
   2. FOR THE PURPOSES OF THIS SECTION "PARK" SHALL MEAN:
   (A) PUBLIC PARKS, BEACHES, POOLS,  BOARDWALKS,  MARINAS,  PLAYGROUNDS,
 RECREATION CENTERS, AND GROUP CAMPS; AND
   (B)  EQUIPMENT,  BUILDINGS  AND  FACILITIES NOW OR HEREAFTER UNDER THE
 JURISDICTION, CHARGE OR CONTROL OF ANY STATE OR LOCAL GOVERNMENT  AGENCY
 OR  DEPARTMENT THAT ARE LOCATED AT OR ON ANY PROPERTY DESCRIBED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT FOR THE  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.
   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,  EXCEPT  WHEN  SMOKING  HAS  BEEN SPECIFICALLY PROHIBITED IN A
 STATE PARK OR PORTION THEREOF BY THE OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC PRESERVATION.  THIS SUBDIVISION SHALL NOT LIMIT THE APPLICABIL-
 ITY OF ANY OTHER LAWS TO SUCH PLACES.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05215-01-1

 S. 4142                             2
 
   § 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
 amount  not to exceed that set forth in paragraph [f] (F) of subdivision
 one of section three hundred nine of this chapter.  NOTWITHSTANDING  THE
 FOREGOING  PROVISIONS, A VIOLATION OF THE PROVISIONS OF SECTION THIRTEEN
 HUNDRED NINETY-NINE-O-TWO OF THIS ARTICLE SHALL BE PUNISHABLE BY A CIVIL
 PENALTY OF FIFTY DOLLARS FOR EACH VIOLATION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.