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This entry was published on 2022-07-22
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SECTION 1399-O-2
Smoking restrictions; certain outdoor areas
Public Health (PBH) CHAPTER 45, ARTICLE 13-E
* § 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
paragraph (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
sidewalks 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
applicability of any other laws to such places.

* NB Effective October 13, 2022