Relates to prohibiting smoking in public parks and pedestrian plazas

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S3171

Title of bill

An act to amend the public health law, in relation to prohibiting smoking in certain outdoor areas

Purpose or general idea of bill

This bill would restrict smoking in certain outdoor areas.

Summary of specific provisions

Section 1 amends the public health law by adding section 1399-o-2, prohibiting smoking on any municipal or state operated park, or pedestrian plaza.

Municipal or state operated parks include boardwalks, marinas, playgrounds, recreation centers and all other property, equipment, buildings and facilities under charge or control of any state or local government. Pedestrian plazas are any area designated by the department of transportation for use as a plaza, which may contain benches, tables or other facilities for pedestrian use.

Section 1 of this bill also labels areas where the provision shall not apply. These areas are sidewalks immediately adjoining parks, parking lots, theatrical productions, and any route through any park strip, median or mall that is adjacent to vehicular traffic. This section also exempts the Adirondack Park and Catskill Park as defined by section 9-0101 of the environmental conservation law from any provisions of this bill.

Section 2 amends section 1399-v of the public health law as added by chapter 244 of the laws of 1989. It assigns a civil penalty of fifty dollars for each violation.

Section 3 of this bill sets the effective date.

Justification

Cigarette butts are not biodegradable. While the paper and tobacco portions of cigarette butts are biodegradable, their cellulose acetate filters at not. Cellulose acetate, a form of plastic, can persist in the environment for many years.

Worldwide, smokers toss an estimated 4.5 trillion butts every year. The International Coastal Cleanup Project conducted by the Center for Marine Conservation reports that cigarette butts have been the leading item found during cleanup.

Localities throughout the country are now acting to ban smoking in public parks. New York City has already passed legislation prohibiting smoking at all of the areas this bill encompasses. Smoking is also prohibited at children's playgrounds in the towns of Greenburgh(Westchester), Huntington (Suffolk) and the City of Little Falls (Herkimer). Many localities throughout the nation, including San Francisco, Los Angles, and Salt Lake City have already acted to restrict or prohibit smoking in parks.

Support for restricting smoking in outdoor areas has grown due to the concerns of secondhand smoke and cigarette litter. Secondhand smoke kills approximately 62,000 people each year. A survey conducted as part of the 2011 Independent Evaluation of the Tobacco Control Program (latest report available) found that a majority of New Yorkers support banning smoking in outdoor public areas.

Prior legislative history

None

Fiscal implications

Fines created by this bill would result in some revenue for municipalities and localities that enforce the fine.

Effective date

This act shall take effect 90 days after it shall have become a law.