§ 1399-O-1 — Smoking and vaping restrictions; certain outdoor areas

§ 1399-o-1. Smoking and vaping restrictions; certain outdoor areas. 1.\nSmoking and vaping shall not be permitted and no person shall smoke or\nvape during the hours between sunrise and sunset, when one or more\npersons under the age of twelve are present at any playground. For the\npurposes of this section, the term "playground" means an improved area\ndesigned, equipped, and set aside for play of six or more children which\nis not intended for use as an athletic playing field or athletic court,\nand shall include any play equipment, surfacing, fencing, signs,\ninternal pathways, internal land forms, vegetation, and related\nstructures. Playgrounds or playground equipment constructed upon one,\ntwo and three-family residential real property are exempt from the\nrequirements of this section. This section shall not apply to any\nplayground located within the city of New York.\n 2. No police officer, peace officer, regulatory officer or law\nenforcement official may arrest, ticket, stop or question any person\nbased solely or in part on an alleged violation of subdivision one of\nthis section, nor may an alleged violation of subdivision one of this\nsection support probable cause to conduct any search or limited search\nof any person or his or her immediate surroundings.\n