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This entry was published on 2017-11-24
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SECTION 1399-O-1
Smoking and vaping restrictions; certain outdoor areas
Public Health (PBH) CHAPTER 45, ARTICLE 13-E
§ 1399-o-1. Smoking and vaping restrictions; certain outdoor areas. 1.
Smoking and vaping shall not be permitted and no person shall smoke or
vape during the hours between sunrise and sunset, when one or more
persons under the age of twelve are present 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. 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.