What's happening
This bill bans smoking in most public parks and related outdoor areas in New York, with violators facing a $50 fine.
Why it matters
Expands public health protections. by making most outdoor parks, beaches, playgrounds, and related facilities smoke-free, aiming to reduce secondhand smoke exposure for children and families.
Covers a wide range of outdoor spaces. under state and local government control, including recreation centers and group camps, making the law more comprehensive than previous local ordinances.
Specifically exempts certain areas. such as the Adirondack and Catskill parks, sidewalks adjoining parks, parking lots, and areas not used for park purposes, balancing public health goals with some personal freedoms and practical considerations.
Creates a clear, enforceable penalty. ($50 per violation), which may deter smoking in these areas and support easier enforcement by local authorities.
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Who cares
Smokers using public recreation areas
The bill would prohibit smoking in public parks, beaches, pools, boardwalks, marinas, playgrounds, recreation centers and group camps, with a $50 civil penalty for each violation.
State and local parks agencies
The ban would cover government-controlled equipment, buildings and facilities on covered recreation properties, subject to specified exceptions.
Adirondack and Catskill park visitors
The bill would exclude these parks from its definition of public park without limiting other applicable laws.
Theatrical production companies
The bill would exempt theatrical productions from the new smoking restrictions without limiting other applicable laws.
Headline styles
Ban Smoking in Public Parks
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Ordered to third reading cal.98
- Substituted by S2655B
- Rules report cal.680
- Reported
- Reported referred to rules
- Print number 2299b
- Amend and recommit to codes
- Reported referred to codes
- Print number 2299a
- Amend and recommit 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 Senate Committee · Health · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2299--B
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00645-06-9
A. 2299--B 2
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.
§ 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.