L.L. 1988/002
Enactment date: 1/7/1988
Int. No. 915-A
By the Vice Chairman (Council Member Vallone), Council Members Michels, Lisa, Greitzer, Messinger and Friedlander; also Council Members Alter, Harrison, Maloney, Povman, Crispino, Wooten, Robles, Clark, Spigner, Leffler, Eisland, Dryfoos, Horwitz, Gerges and Pinkett
A Local Law to amend the administrative code of the city of New York, in relation to the regulation of smoking in enclosed public places
Be it enacted by the Council as follows:
Section one. Legislative findings. The City Council hereby finds that the regulation and control of smoking in enclosed public places is a matter of vital concern, affecting the public health, safety and welfare of all New Yorkers. There is increasing scientific evidence that passive exposure to cigarette smoke (second-hand smoke) is linked to a variety of negative health consequences in humans, including lung cancer, bronchitis, pneumonia, acute respiratory disease, cardiovascular disease, decreased pulmonary function, and low birth weight in children born to smokers. Such health consequences have been documented by the U.S. Surgeon General and the National Academy of Sciences and virtually every major health organization that has studied the effects of second-hand smoke. With respect to the adverse health effects of second-hand smoke, the Surgeon General has concluded that: "[t]he scientific case against involuntary smoking as a health risk is more than sufficient to justify appropriate remedial action."
Many jurisdictions around the country have already taken such action, as it is estimated that about 150 cities and 40 states have enacted legislation or regulations which in some way place restrictions on smoking in public places.
Given the current state of scientific evidence on the adverse health effects of second-hand smoke, the Council, in enacting this chapter, seeks to accomplish two goals: (1) to protect the public health and welfare by prohibiting smoking in certain public places except in designated smoking areas and by regulating smoking in the workplace; and (2) to strike a reasonable balance between persons who smoke and the right of nonsmokers to breathe smoke-free air.
* * *
[Consolidated provisions are not included in this Appendix A]
* * *
§ 3. 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.