What's happening
This bill prohibits smoking in public parks and pedestrian plazas, with certain exceptions, and sets a $50 penalty for violations.
Why it matters
Expands smoke-free zones. By adding public parks and pedestrian plazas (excluding the Adirondack and Catskill parks), the bill significantly increases the number of outdoor spaces where smoking is prohibited, affecting daily routines for both smokers and non-smokers.
Broad definition of “parks”. The law covers not just traditional parks, but also beaches, pools, marinas, boardwalks, recreation centers, and any property managed by state or local agencies, meaning the impact reaches a wide array of public outdoor facilities.
Focused exceptions. Certain areas—like sidewalks next to parks, parking lots, roadways, and spaces not used for park purposes—are exempt, so the law targets high-use recreational spaces while leaving some flexibility for smokers and specific activities (such as theatrical productions).
Standardizes enforcement. By setting a clear $50 penalty for violations, the bill aims to create a uniform consequence across the state, which could make enforcement simpler and ensure the deterrent is consistent regardless of the locality.
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Who cares
Smokers using public parks and pedestrian plazas
The bill would prohibit smoking in covered areas and impose a $50 civil penalty for each violation.
State and local parks agencies
The ban would cover properties under their control, including beaches, pools, boardwalks, marinas, playgrounds and recreation centers, subject to specified exceptions.
Health officials and enforcement officers
The bill would establish a specific $50 civil penalty for violations of the new outdoor smoking restrictions.
Adirondack and Catskill park visitors
The bill expressly excludes those parks from its definition of public park, leaving them outside this new prohibition.
Headline styles
Ban Smoking in Public Parks
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Reported referred to codes
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Smoking in Public Parks
In Senate Committee · Rules · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
837
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, ORTIZ, RIVERA, JAFFEE, LIFTON -- Multi-Sponsored by -- M. of A. GOTTFRIED, THIELE -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting smoking in certain outdoor areas
The People of the State of New York, represented in Senate and Assembly, 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 or pedestrian plaza.
2. For the purposes of this section:
(a) "Park" means public parks, beaches, waters and land under water, pools, boardwalks, marinas, playgrounds, recreation centers and all other property, equipment, buildings and facilities now or hereafter under the jurisdiction, charge or control of any state or local government agency or department; 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.
(b) "Pedestrian plaza" means an area designated by the department of transportation for use as a plaza located within the bed of a roadway, which may contain benches, tables or other facilities for pedestrian use.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03568-01-7
A. 837 2
purposes. This subdivision shall not limit the applicability 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:
§ 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.