New York bans smoking in public parks and beaches. Here's why, and what you need to know

A new statewide ban on smoking in public parks and beaches in New York carries a $50 fine for those caught lighting up outside of designated smoking areas, such as parking lots.

Gov. Kathy Hochul on Friday signed the state law prohibiting smoking in municipal or state-operated beaches, pools, boardwalks, marinas, playgrounds, recreation centers, public parks and group camps.

The law exempts the Adirondacks and Catskills from the smoking ban as well as parking lots, sidewalks adjoining parks, and areas not used for park purposes.

"Smoking is a dangerous habit that affects not only the smoker but everyone around them, including families and children enjoying our state's great public places," Hochul said in a statement.

This March 28, 2019 photo shows cigarette butts in an ashtray in New York. On Wednesday, Jan. 8, 2020, researchers reported the largest-ever decline in the U.S. cancer death rate, and they are crediting advances in the treatment of lung tumors. Most lung cancer cases are tied to smoking, and decades of declining smoking rates means lower rates of lung cancer diagnoses and deaths.

"I'm proud to sign this legislation that will protect New Yorker's health and help reduce litter in public parks and beaches across the state," she added.

Why lawmakers banned smoking in NY parks, beaches?

Lawmakers cited a variety of health and environmental harms connected to people smoking cigarettes in public places as justification for the ban.

Worldwide smokers toss an estimated 4.5 trillion butts every year, and cigarette butts have been the leading item found during the International Coastal Cleanup Project, the legislation briefing stated.

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Cigarette butts are also not biodegradable. While the paper and tobacco of cigarette butts are biodegradable, the cellulose acetate filters are not, the brief added, noting cellulose acetate, a form of plastic, can persist in the environment for many years.

Further, support for restricting smoking in outdoor areas has grown due to the concerns of secondhand smoke and cigarette litter, the lawmakers noted.

Secondhand smoke kills about 63,000 people each year, they added, and a survey conducted as part of the 2005 Independent Evaluation of the Tobacco Control Program found that a majority of New Yorkers support banning smoking at public parks.

Centers for Disease Control and Prevention reports exposure to secondhand smoke causes an estimated 41,000 deaths each year among adults in the United States.

Many municipalities and local governments already have restrictions or bans on smoking in public spaces, the governor's office noted. The new state penalty will enforce a statewide prohibition and includes the $50 fine per violation that will be collected by localities.

The new measure builds upon New York's existing ban on smoking in many indoor public places, as well as some of the highest taxes on cigarettes in the nation. The state excise tax rate is $4.35 per package of 20 cigarettes. And the New York City local excise tax is $1.50 per pack, bringing the combined tax rate for cigarettes purchased in New York City to $5.85.

New York's adult cigarette smoking rate also achieved a new low of 12% in 2020, below the U.S. average of 15.5%. Among young New Yorkers, ages 18 to 24, the smoking rate is even lower, at 5.5%, state data show.

The new smoking ban also impacts golf courses that are part of state and local public parks that fall under the smoking ban.

Further, the smoking ban applies to all combustible cannabis and tobacco products, such as cigarettes, pipes and cigars, according to the governor's office.

Non-combustible products, such as vaping devices and e-cigarettes, are exempted from the ban, but current state Office of Parks, Recreation and Historic Preservation regulations already prohibit vaping at almost all of the locations covered by the new law.

The new law takes effect 19 days from Friday, according to the legislation.

This article originally appeared on New York State Team: New York state bans smoking in public parks and beaches. What to know