L.L. 1995/005
Enactment date: 1/10/1995
Int. No. 232-A
By the Speaker (Council Member Vallone) and Council Members Williams, Michels, Watkins, Malave-Dilan, Freed, Albanese, Duane, Fisher, Henry, Linares, McCabe, Powell IV, the Public Advocate (Mr. Green), Council Members Rivera, Robles, Warden, White, Cruz and Fusco; also Council Members Clarke, DeMarco, DiBrienza, Eldridge, Fields, Foster, Harrison, Lasher, Leffler, Povman, Robinson, Wooten and Pinkett
A Local Law to amend the administrative code of the city of New York, in relation to smoking
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. According to the United States Environmental Protection Agency (the "EPA"), the health risks attributable to exposure to environmental tobacco smoke ("ETS") (also known as second-hand smoke, passive smoke or involuntary smoke) are well established. Further, the EPA has found that ETS is responsible for the lung cancer deaths of approximately 3,000 nonsmokers in the United States each year, and is a deadly carcinogen which belongs in the category of Group A (known human) carcinogens. Studies conducted by the EPA also conclude that exposure to ETS causes other significant health problems in adults, including coughing, phlegm production, chest discomfort and reduced lung function. In addition, studies conducted by other entities have concluded that ETS aggravates the condition of people with heart disease, and some studies have linked involuntary smoking with heart disease. Moreover, the findings of the EPA indicate that exposure to ETS can pose substantial health risks to children, as it is causally associated with, among other things, increases in the prevalence of childhood respiratory illnesses, increases in the prevalence of fluid in the middle ear of children, and a statistically significant reduction in the lung function of children. The EPA's findings also indicate that ETS results in additional episodes and increased severity of asthma in children who suffer from this disease, and is a risk factor for new cases of asthma in children who have not previously displayed asthmatic symptoms.
The EPA reports that twenty-six percent of the population of the United States, or about 50 million Americans, are smokers. As the Council finds that virtually all Americans, including all citizens of New York City, are likely to be exposed to ETS by virtue of its widespread presence in public places and in the workplace, and that exposure to ETS presents a substantial health risk to nonsmokers, it is the Council's intention to strengthen existing local laws which limit the areas in which smoking is permissible. The Council is therefore placing further restrictions on smoking in public places and in the workplace, including placing restrictions which, in certain cases, limit smoking to separately ventilated rooms. Further, the Council is prohibiting smoking in particular places frequented by children, such as child day care centers, children's institutions and playgrounds. It is the Council's intention that these additional restrictions will help protect children and nonsmoking adults from the health hazards presented by exposure to ETS.
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[Consolidated provisions are not included in this Appendix A]
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§ 14. This local law shall take effect ninety days after its enactment. Actions necessary to prepare for the implementation of this local law may be taken prior to its effective date.