There is a newer version of the New York Consolidated Laws
2006 New York Code - Smoking Prohibited In Hospitals, Sanatoria, Nursing Homes, Convalescent Homes, Homes For The Aged Or For Chronic Patients Or Portions Of Buildings Bei
§ 27-4276 Smoking prohibited in hospitals, sanatoria, nursing homes, convalescent homes, homes for the aged or for chronic patients or portions of buildings being used for such purposes. It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe or match or use any spark, flame or fire-producing device which has not been authorized for use by the commissioner in any hospital, sanitorium, nursing home, convalescent home, home for the aged or for chronic patients, or any portion of a building being used for such purpose. Designated smoking rooms as permitted by section 17-503 of the administrative code shall be exempted from this prohibition. The designation of any such rooms or other areas for smoking shall be made only with the approval of the commissioner. Any person who shall violate, or refuse, or neglect to comply with any provision of this section shall be guilty of an offense and shall, upon conviction thereof, be punished by a fine of not more than fifty dollars, or by imprisonment not exceeding thirty days, or both; and any such person shall, also, for each offense, be subject to the payment of a penalty in the sum of two hundred fifty dollars, to be recovered in a civil action brought in the name of the commissioner.
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