What's happening
This bill bans smoking in public parks and pedestrian plazas, with certain exceptions, and sets a $50 civil penalty for violations.
Why it matters
Expands the definition of "public parks" and "pedestrian plazas". to include a wide range of outdoor areas (like beaches, boardwalks, playgrounds, and marinas), making the smoking ban more comprehensive and affecting many commonly used public spaces.
Specifically exempts certain areas from the ban. such as sidewalks next to parks, pedestrian routes through medians or malls, parking lots, roadways, theatrical productions, and non-park-use areas—aiming to balance public health concerns with practical exceptions for public and cultural activities.
Sets clear legal definitions and enforcement guidelines. , which helps agencies and the public understand where the ban applies and what the consequences are, potentially reducing confusion and making enforcement easier.
Excludes major state parks like the Adirondack and Catskill parks. from the ban, likely reflecting the unique character and scale of these areas and addressing concerns about overregulation of vast, rural public lands.
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Who cares
Headline styles
Ban Smoking in Public Parks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1492
- Referred to health
- 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 Assembly Committee · Codes · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5210
2017-2018 Regular Sessions
IN SENATE
March 16, 2017
Introduced by Sen. STAVISKY -- 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 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 purposes. This subdivision shall not limit the applicability of any other laws to such places.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03568-01-7
S. 5210 2
§ 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.
Sponsor's memo
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. The public health law is amended by adding a new 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. Section 1399-v of the public health law, as added by chapter 244 of the laws of 1989 is amended. It assigns a civil penalty of fifty dollars for each violation.
Section 3 of this bill sets the effective date.
Justification
Worldwide, smokers toss an estimated 4.5 trillion butts every year. Cigarette butts have been the leading item found during the International Coastal Cleanup Project. (Conducted by the Center for Marine Conservation) Cigarette butts are not biodegradable. While the paper and tobacco of cigarette butts are biodegradable, their cellulose acetate filters are not. Cellulose acetate, a form of plastic, can persist in the environment for many years.
Localities throughout the country are now acting to ban smoking on public parks. New York City has passed legislation recently 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 63,000 people each year. A survey conducted as part of the 2005 Independent Evaluation of the Tobacco control Program found that a majority of New Yorkers support banning smoking at public parks.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.