§ 1399-O-2 — Smoking restrictions; certain outdoor areas

§ 1399-o-2. Smoking restrictions; certain outdoor areas. 1. Smoking\nshall not be permitted and no person shall smoke in any public park.\n 2. For the purposes of this section "park" shall mean:\n (a) public parks, beaches, pools, boardwalks, marinas, playgrounds,\nrecreation centers, and group camps; and\n (b) equipment, buildings and facilities now or hereafter under the\njurisdiction, charge or control of any state or local government agency\nor department that are located at or on any property described in\nparagraph (a) of this subdivision; provided, however, that for the\npurposes of this section the term public park shall not include the\nAdirondack park or the Catskill park as those terms are defined in\nsection 9-0101 of the environmental conservation law.\n 3. The provisions of this section shall not apply to: (a) the\nsidewalks immediately adjoining parks, squares and public places; (b)\nany pedestrian route through any park strip, median or mall that is\nadjacent to vehicular traffic; (c) parking lots or roadways; (d)\ntheatrical productions; and (e) any portion of a park that is not used\nfor park purposes, except when smoking has been specifically prohibited\nin a state park or portion thereof by the office of parks, recreation\nand historic preservation. This subdivision shall not limit the\napplicability of any other laws to such places.\n