N.Y. Public Health Law § 1399-o-2: Smoking restrictions; certain outdoor areas

§ 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 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.