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

 
    §  1399-o. Smoking restrictions. 1. Smoking shall not be permitted and
  no person shall smoke in the following indoor areas:
    a. places of employment;
    b. bars;
    c. food service establishments, except as provided in subdivision  six
  of section thirteen hundred ninety-nine-q of this article;
    d.  enclosed  indoor  areas  open  to the public containing a swimming
  pool;
    e. public means of mass transportation, including subways, underground
  subway stations, and when occupied by passengers, buses, vans,  taxicabs
  and limousines;
    f.  ticketing,  boarding  and  waiting  areas in public transportation
  terminals;
    g. youth centers and facilities for detention as defined  in  sections
  five hundred twenty-seven-a and five hundred three of the executive law;
    h.  any  facility  that  provides  child  care  services as defined in
  section four hundred ten-p of the social  services  law,  provided  that
  such  services  provided  in  a  private  home  are  excluded  from this
  subdivision when children enrolled in such day care are not present;
    i. child day care centers as defined in section three  hundred  ninety
  of  the  social  services law and child day care centers licensed by the
  city of New York;
    j. group homes for  children  as  defined  in  section  three  hundred
  seventy-one of the social services law;
    k.  public  institutions  for  children  as  defined  in section three
  hundred seventy-one of the social services law;
    l. residential treatment facilities for children and youth as  defined
  in section 1.03 of the mental hygiene law;
    m. all public and private colleges, universities and other educational
  and vocational institutions, including dormitories, residence halls, and
  other  group  residential  facilities that are owned or operated by such
  colleges,   universities   and   other   educational   and    vocational
  institutions,  except  that  these  restrictions  shall not apply in any
  off-campus residential unit occupied by a person who is not enrolled  as
  an   undergraduate   student   in  such  college,  university  or  other
  educational or vocational institution;
    n. general hospitals and residential health care facilities as defined
  in  article  twenty-eight  of  this  chapter,  and  other  health   care
  facilities  licensed  by  the  state  in which persons reside; provided,
  however, that the provisions of  this  subdivision  shall  not  prohibit
  smoking  by  patients  in  separate enclosed rooms of residential health
  care facilities, adult care facilities established  or  certified  under
  title  two of article seven of the social services law, community mental
  health residences established under section 41.44 of the mental  hygiene
  law,  or facilities where day treatment programs are provided, which are
  designated as smoking rooms for patients of such facilities or programs;
    o. commercial establishments used for the purpose of  carrying  on  or
  exercising any trade, profession, vocation or charitable activity;
    p. indoor arenas;
    q. zoos; and
    r. bingo facilities.
    2.  Smoking  shall  not  be permitted and no person shall smoke in the
  following outdoor areas:
    a. ticketing, boarding or platform areas of railroad stations operated
  by the metropolitan transportation authority or its subsidiaries.
    b. on the grounds of general hospitals  and  residential  health  care
  facilities  as  defined  in article twenty-eight of this chapter, within
  fifteen feet of a building entrance or exit or within  fifteen  feet  of

  the entrance to or exit from the grounds of any such general hospital or
  residential  health  care  facility. This subdivision shall not prohibit
  smoking by a patient or a visitor or guest of a patient of a residential
  health  care  facility in a separate area on the grounds designated as a
  smoking area by the residential  health  care  facility,  provided  such
  designated  smoking  area  is  not  within  thirty  feet of any building
  structure (other  than  a  non-residential  structure  wholly  contained
  within  the  designated  smoking  area), including any overhang, canopy,
  awning, entrance, exit, window, intake or exhaust.
    3. Smoking shall not be permitted and no person shall smoke within one
  hundred feet of the entrances, exits or outdoor areas of any  public  or
  private  elementary  or  secondary  schools; provided, however, that the
  provisions  of  this  subdivision  shall  not  apply  to  smoking  in  a
  residence,   or   within  the  real  property  boundary  lines  of  such
  residential real property. The provisions of  section  thirteen  hundred
  ninety-nine-p of this article shall not apply to this subdivision.