Relates to smoking restrictions on playgrounds and enforcement by park police.
Sponsor: Galef
Law Section: Public Health Law
Law: Add S1399-o-l, Pub Health L
Multi-sponsor(s):
Arroyo, Calhoun, Ceretto, Conte, Crouch, Heastie, Hevesi, Hooper, Lancman, Lifton, Markey, McKevitt, Miller J, Montesano, Oaks, Sweeney, Thiele, Titone
Co-sponsor(s):
Gottfried, Paulin, Dinowitz, Clark, Finch, Rivera N, Tobacco, Meng, Englebright, Rivera P, Abinanti, Roberts, Zebrowski, Ortiz, Jaffee, Weprin
Committee: RULES
Law Section: Public Health Law
Law: Add S1399-o-l, Pub Health L
A6451C-2011 Actions
- Jun 18, 2012: REFERRED TO RULES
- Jun 18, 2012: delivered to senate
- Jun 18, 2012: passed assembly
- Jun 12, 2012: amended on third reading (t) 6451c
- May 23, 2012: amended on third reading (t) 6451b
- Feb 29, 2012: amended on third reading (t) 6451a
- Jan 4, 2012: ordered to third reading cal.211
- Jan 4, 2012: RETURNED TO ASSEMBLY
- Jan 4, 2012: DIED IN SENATE
- May 9, 2011: REFERRED TO HEALTH
- May 9, 2011: delivered to senate
- May 9, 2011: passed assembly
- May 5, 2011: advanced to third reading cal.264
- May 3, 2011: reported
- Apr 12, 2011: reported referred to codes
- Mar 17, 2011: referred to health
A6451C-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
6451--C
Cal. No. 211
2011-2012 Regular Sessions
I N ASSEMBLY
March 17, 2011
___________
Introduced by M. of A. GALEF, GOTTFRIED, PAULIN, DINOWITZ, CLARK, FINCH,
N. RIVERA, TOBACCO, MENG, ENGLEBRIGHT, P. RIVERA, ABINANTI, ROBERTS,
ZEBROWSKI, ORTIZ, JAFFEE, WEPRIN -- Multi-Sponsored by -- M. of A.
ARROYO, CALHOUN, CERETTO, CONTE, CROUCH, HEASTIE, HEVESI, HOOPER,
LANCMAN, LIFTON, MARKEY, McKEVITT, J. MILLER, MONTESANO, SWEENEY,
THIELE, TITONE -- read once and referred to the Committee on Health --
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading -- again amended on third
reading, ordered reprinted, retaining its place on the order of third
reading -- again amended on third reading, ordered reprinted, retain-
ing its place on the order of third reading
AN ACT to amend the public health law, in relation to prohibiting smok-
ing at playgrounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1399-o-1 to read as follows:
S 1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING
SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE DURING THE HOURS
BETWEEN SUNRISE AND SUNSET, WHEN ONE OR MORE PERSONS UNDER THE AGE OF
TWELVE ARE PRESENT AT ANY PLAYGROUND. FOR THE PURPOSES OF THIS SECTION,
THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET
ASIDE FOR PLAY OF SIX OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE AS
AN ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY
EQUIPMENT, SURFACING, FENCING, SIGNS, INTERNAL PATHWAYS, INTERNAL LAND
FORMS, VEGETATION, AND RELATED STRUCTURES. PLAYGROUNDS OR PLAYGROUND
EQUIPMENT CONSTRUCTED UPON ONE, TWO AND THREE-FAMILY RESIDENTIAL REAL
PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION. THIS SECTION
SHALL NOT APPLY TO ANY PLAYGROUND LOCATED WITHIN THE CITY OF NEW YORK.
2. NO POLICE OFFICER, PEACE OFFICER, REGULATORY OFFICER OR LAW
ENFORCEMENT OFFICIAL MAY ARREST, TICKET, STOP OR QUESTION ANY PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07580-05-2
A. 6451--C 2
BASED SOLELY OR IN PART ON AN ALLEGED VIOLATION OF SUBDIVISION ONE OF
THIS SECTION, NOR MAY AN ALLEGED VIOLATION OF SUBDIVISION ONE OF THIS
SECTION SUPPORT PROBABLE CAUSE TO CONDUCT ANY SEARCH OR LIMITED SEARCH
OF ANY PERSON OR HIS OR HER IMMEDIATE SURROUNDINGS.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.

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