N.Y. Public Health Law Section 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.

Source: Section 1399-O-2 — Smoking restrictions; certain outdoor areas, https://www.­nysenate.­gov/legislation/laws/PBH/1399-O-2 (updated Oct. 21, 2022; accessed Nov. 29, 2025).

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Verified:
Nov. 29, 2025

Last modified:
Oct. 21, 2022

§ 1399-O-2. Smoking restrictions's source at nysenate​.gov

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