What's happening
This bill bans smoking in most public parks and outdoor recreational areas in New York, with certain exceptions and a $50 penalty for violations.
Why it matters
Expands the definition of "park". to include a wide range of outdoor public spaces—such as beaches, pools, marinas, playgrounds, recreation centers, and group camps—meaning the ban applies broadly and covers more than just traditional parks.
Exempts certain areas and activities. , like sidewalks adjoining parks, pedestrian routes adjacent to traffic, parking lots, roadways, theatrical productions, and parts of parks not used for park purposes (unless separately prohibited)—allowing for some flexibility and reducing the risk of over-penalizing routine activities.
Specifically excludes major wilderness areas. (the Adirondack and Catskill parks) from the ban, showing a focus on more urban and suburban recreational spaces rather than remote, large-scale natural areas.
Sets a clear and uniform penalty. ($50 per violation), making enforcement straightforward for both the public and authorities while signaling that the rule is meant to encourage compliance rather than impose harsh punishments.
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Who cares
Headline styles
Ban Smoking in Public Parks
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to health
- Returned to senate
- Died in assembly
- Ordered to third reading rules cal.680
- Substituted for A2299B
- Referred to codes
- Delivered to assembly
- Passed senateVote 50–12
- Amended on third reading 2655b
- Amended on third reading 2655a
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.834
- 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
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2655--B Cal. No. 834
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sens. STAVISKY, CARLUCCI, KRUEGER, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading
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.
LBD00645-07-9
S. 2655--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.
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 amends the public health law 1399-O-2 by prohibiting smoking on any municipal or state operated park. Municipal or state operated park include beaches, boardwalks, marinas, playgrounds, recreation centers, group camps and all other property, equipment, buildings and facilities that are located at or on any property under charge or control of any state or local government.
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, any route through any park strip, median or mall that is adjacent to vehicular traffic, any portion of a park that is not used for park purposes, except when smoking has been specif- ically prohibited in a state park or portion thereof by the office of parks, recreation and historic preservation. 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. The section also allows for applicability of any other laws to such places.
Section 2 amends section 1399-v of the public health law. 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 Interna- tional 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.
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.
Localities throughout the state of New York are now acting to ban smok- ing in public parks. New York City has passed legislation prohibiting smoking at all of the areas this bill encompasses. New York State Parks have prohibited smoking in areas outline in this bill and beyond. Smok- ing is prohibited in certain localities in 57 counties in the State and almost every county has some locality with some public playground or park policies. This bill would implement a statewide prohibition on
smoking in public parks keeping such precious places clean and safe from smoking.
Prior legislative history
2017-18 - A.837 - Referred to Codes/S.5210 - Referred to Rules 2015-16 - A.1148 - Referred to Health/S.3171 - Referred to Health 2013-14 - A.450-B - Referred to Health/S.464-B - Referred to Health 2011-12 - A.6156A - Reported to Codes/S.6564 - Referred to Health
Fiscal implications
Fines created by this bill would result in some revenue for munici- palities and localities that enforce the fine.
Effective date
This act shall take effect on the ninetieth day 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.