2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN CERTAIN PUBLIC AREAS
1399-O-1 - Smoking restrictions; certain outdoor areas.

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