It shall be unlawful for any person to place, cause to be placed, maintain
or cause to be maintained, a tobacco product advertisement in the following
manner:
A. In any outdoor area within 1,000 feet, in any direction,
of any child day-care center, park or school.
B. In the interior of a building or structure which is within
1,000 feet, in any direction, of any child day-care center, park or school
when such advertisement is within five feet of any exterior window or any
door which is used for entry to or egress from the building or structure by
the public; except that such advertisements may be placed or maintained in
the interior of any such premises where they are parallel to said windows
or entryways and face inward, or affixed to a wall panel or similar fixture
that is perpendicular to said windows or entryways.
The owner, operator and/or lessee of any location or premises where
tobacco product advertisement is prohibited or restricted pursuant to the
requirements of this chapter shall have 30 days from the effective date of
this chapter to remove any noncompliant tobacco product advertisements.
[Amended 1-16-2007 by L.L. No. 3-2007]
Any person in violation of any provision of this chapter is guilty of
an offense punishable by a fine not to exceed $1,500 or a period of incarceration
not to exceed 15 days, or both such fine and imprisonment.
If any clause, sentence, paragraph, subdivision, section or other part
of this chapter shall for any reason be adjudged by any court of competent
jurisdiction to be unconstitutional or otherwise invalid, such judgment shall
not affect, impair or invalidate the remainder of this chapter, and it shall
be construed to have been the legislative intent to enact this chapter without
such unconstitutional or invalid parts therein.
This chapter shall take effect immediately upon filing in the office
of the Secretary of State of New York.