City Council Passes Smoking Ban For Parks and Beaches

Smoking will be banned in places like Bryant Park (above) and all parks, beaches and pedestrian plaza under a bill passed today by a 36-to-12 vote. (Photo: Eirini Vourloumis for The New York Times)

City-wide

After a bitter debate over individual liberties and the role of government, the City Council on Wednesday handily approved a bill to ban smoking in 1,700 city parks and along 14 miles of city beaches, according to the New York Times.

By a 36-to-12 vote, the Council passed the most significant expansion of antismoking laws since Mayor Michael R. Bloomberg pushed to prohibit smoking in restaurants and bars in 2002.

The Council speaker, Christine C. Quinn, said the ban was an affirmation of the rights of nonsmokers. “Their health and their lives should not be negatively impacted because other people have decided to smoke,” Ms. Quinn said at a news conference.

A compromise that would establish designated smoking areas outdoors was scuttled by Council leaders in favor of an all-out ban. The bill will become law 90 days after Mr. Bloomberg signs it, which he is expected to do this month.

“This summer, New Yorkers who go to our parks and beaches for some fresh air and fun will be able to breathe even cleaner air and sit on a beach not littered with cigarette butts,” Mr. Bloomberg said in a statement. Enforcement of the law will fall to the Department of Parks and Recreation, which can impose $50 fines.

Councilwoman Gale A. Brewer of Manhattan, a longtime advocate for stricter antismoking laws, said increasing revenue for the city was not the goal.

“I’m not interested in arrests; I’m not interested in revenue,” she said. “I’m just interested in public health.”

Ms. Quinn said she would look for more ways to reduce exposure to secondhand smoke but declined to provide specifics.

Read More:

Smoking Ban for Beaches and Parks Is Approved

New York Times -

February 2, 2011 -

By Javier C. Hernandez

New York poised to ban smoking in Central Park, Times Square

Christian Science Monitor - February 3, 2011 - By Ron Scherer

NYC smoking ban extended to parks, Times Square

AP

NYC Bans Smoking in Parks, Beaches and Pedestrian Plazas

Time - February 7, 2011 - By Meredith Melnick

Council Votes To Expand The City’s Smoke Free Air Act

Pioneering Law Will Ban Smoking in City’s Parks and Beaches and Protect New Yorkers From Harmful Secondhand Smoke

February 2, 2011, New York – At today’s Stated Council meeting, members of the City Council will vote to greatly expand the city’s Smoke Free Air Act which will include a ban on smoking on the city’s parks and beaches. Today’s changes will now go a step further in protecting the health of New Yorkers and not allow smoking in parks, beaches, marinas and boardwalks. The ban will also reduce the amount of trash in parks and in beaches. Studies have shown that even brief exposure to secondhand smoke can result in respiratory changes in a healthy person and lead to more frequent asthma attacks on children with asthma.

“The statistics don’t lie: second hand smoke kills. With this bill, all New Yorkers can now breathe easier and breathe cleaner air,” said Speaker Christine C. Quinn. “No one should have to inhale deadly cigarette smoke when they go to a park or beach. My Council colleagues and I know that Big Tobacco will never rest in its efforts to recruit new smokers to replace those customers who are dying prematurely from using their products. But this summer, when people visit our beautiful parks and beaches, they will be able to relax and not worry about dodging deadly secondhand smoke. I want to thank Mayor Bloomberg, Council Member Gale Brewer and the many advocates who worked so hard to make this legislation possible.”

“I support this legislation because second hand smoke is a health problem for all New Yorkers but especially for families who have children with chronic asthma,” said Council Member Gale Brewer, prime sponsor of the bill. “Other cities have passed similar ordinances and CUNY just banned smoking on its campuses citywide. This is common sense legislation and in the long run this will help New Yorkers become healthier.”

“A recent study found that in New York City, 2.5 million people had been exposed to a high enough level of second-hand smoke that they had measurable residue in their bodies,” said Maria Del Carmen Arroyo, Chair of the Health Committee. “If we can help reduce those numbers, however small, that will mean healthier individuals, less children with asthma and more years added on to a person’s life. I support this legislation and I thank my colleagues and advocates who have worked so diligently on this.”

"Our city's park users should be able to enjoy fresh air and recreation in a smoke-free environment," said Council Member Melissa Mark-Viverito, Chair of the Parks & Recreation Committee. "In my district, particularly in El Barrio/East Harlem and the South Bronx, asthma rates among children are alarming, and parents have reported that even the slightest amount of second-hand smoke can trigger an attack. I thank Mayor Bloomberg, Speaker Quinn and Council Member Brewer for their leadership on this issue."

In addition to parks and beaches, the bill also specifically prohibits smoking in the following areas:

• pools,
• recreation centers and
• all other property, equipment, buildings and facilities under the jurisdiction of the Parks Department.

The bill also prohibits smoking in pedestrian plazas, which are areas designated by the Department of Transportation for use as a plaza and are located within the bed of a roadway and may contain benches, tables or other facilities for a pedestrian to use.

The ban does not include:

• the sidewalks immediately adjoining parks, squares and public places;
• any pedestrian route through any park strip, median or mall that is adjacent to vehicular traffic;
• parking lots; and
• actors in theatrical performances.

The Parks Department is authorized to enforce this law and may issue fines of $50 per violation.

STATEMENTS OF MAYOR BLOOMBERG, CITY COUNCIL SPEAKER QUINN, COUNCIL MEMBERS AND ADMINISTRATION OFFICIALS ON COUNCIL’S VOTE TO PROHIBIT SMOKING IN NEW YORK CITY PARKS AND BEACHES

Statement of Mayor Michael R. Bloomberg:

“This summer, New Yorkers who go to our parks and beaches for some fresh air and fun will be able to breathe even cleaner air and sit on a beach not littered with cigarette butts. By voting to prohibit smoking in all 1,700 City parks and 14 miles of beaches, the City Council will help us protect more New Yorkers from the harmful effects of second-hand smoke – particularly children who suffer from asthma. Our efforts over the last 9 years have resulted in more than 350,000 fewer smokers, and contributed to New Yorkers living 19 months longer than they did in 2002. I want to thank Council Speaker Christine Quinn and Council Member Gale Brewer who have been our partners in improving our quality-of-life and making New York City a healthier place to live. I also want to encourage any New Yorker who smokes and wants to quit to call 311 today.”

Statement of City Council Speaker Christine Quinn:

“The statistics don’t lie: second hand smoke kills. With this bill, all New Yorkers can now breathe easier and breathe cleaner air. No one should have to inhale deadly cigarette smoke when they go to a park or beach. My Council colleagues and I know that Big Tobacco will never rest in its efforts to recruit new smokers to replace those customers who are dying prematurely from using their products. But this summer, when people visit our beautiful parks and beaches, they will be able to relax and not worry about dodging deadly secondhand smoke. I want to thank Mayor Bloomberg, Council Member Gale Brewer and the many advocates who worked so hard to make this legislation possible.”

Statement of City Council Member Gale Brewer, Prime Sponsor of the Bill:

“I support this legislation because second hand smoke is a health problem for all New Yorkers but especially for families who have children with chronic asthma. Other cities have passed similar ordinances and CUNY just banned smoking on its campuses citywide. This is common sense legislation and in the long run this will help New Yorkers become healthier.”

Statement of City Council Member Maria Del Carmen Arroyo, Chair of the Health Committee:

“A recent study found that in New York City, 2.5 million people had been exposed to a high enough level of second-hand smoke that they had measurable residue in their bodies. If we can help reduce those numbers, however small, that will mean healthier individuals, less children with asthma and more years added on to a person’s life. I support this legislation and I thank my colleagues and advocates who have worked so diligently on this.”

Statement of City Council Member Council Member Melissa Mark-Viverito, Chair of the Parks & Recreation Committee:

“Our city’s park users should be able to enjoy fresh air and recreation in a smoke-free environment. In my district, particularly in El Barrio/East Harlem and the South Bronx, asthma rates among children are alarming, and parents have reported that even the slightest amount of second-hand smoke can trigger an attack. I thank Mayor Bloomberg, Speaker Quinn and Council Member Brewer for their leadership on this issue.”

Statement of New York City Health Commissioner Thomas Farley:

“We are extremely grateful to the City Council for making New York City’s parks and beaches smoke-free. Smoking is the leading cause of preventable death in New York City, responsible for killing more than 7,000 New Yorkers a year. We have made great strides with higher cigarette taxes, our hard-hitting tobacco campaigns and policies like the Smoke Free Air Act. As a result, from 2002 to 2009, the smoking rate in New York City decreased by 27 percent and an estimated 6,300 lives were saved. But there are still nearly a million smokers in New York City and increasingly research shows that even outdoor exposure to secondhand smoke can have adverse health effects. With this bill, New Yorkers will not be exposed to the dangers of second-hand smoke in parks or on beaches, and children who go there to play will not get a lesson in how to smoke. This is a great day for the health of New Yorkers.”

Statement of New York City Parks Commissioner Adrian Benepe:

“Tens of millions of visitors – New Yorkers and tourists alike – come to our beaches and parks year round and these popular destinations will now be more pleasant for children and adults who want to relax, picnic, play, or simply enjoy the natural beauty of our parks without the smoke and litter created by cigarettes.”