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Posted by Caroline Fass on July 13, 2000 at 22:21:47:

I live in a private co-op which has 6 buildings. the board of directors just made a resolution and made it part of the by-laws that effective immediately there is a no smoking zone outside all the buildings up to the sidewalk. this means when i walk from my building to the next building (about 300 feet), i no longer can enjoy a cigarette. is this legal? the dept. of health said no, mark green's office said yes, my assemblywoman said its not enforceable, so which is it? can they make their own law? i can see inside each building but outside? please help. thank you. i also called the police and they said that if there is a no smoking zone, they must be authorized to give me a fine and they are not authorized to give me a fine. they cannot just take me to landlord tenant cout to start a holdover proceeding based upon i smoked if they dont give me a ticket. a ticket means i pay a fine. so is this legal?

Follow Ups:

• Check by-laws for penalties. John 07/14/00 (1)
  • Re: Check by-laws for penalties. Caroline Fass 07/14/00 (0)

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: I live in a private co-op  which has 6 buildings.  the board of directors just made a resolution and made it part of the by-laws that effective immediately there is a no smoking zone outside all the buildings up to the sidewalk.  this means when i walk from my building to the next building (about 300 feet), i no longer can enjoy a cigarette.  is this legal?  the dept. of health said no, mark green's office said yes, my assemblywoman said its not enforceable, so which is it?  can they make their own law?  i can see inside each building but outside?  please help.  thank you.  i also called the police and they said that if there is a no smoking zone, they must be authorized to give me a fine and they are not authorized to give me a fine.  they cannot just take me to landlord tenant cout to start a holdover proceeding based upon i smoked if they dont give me a ticket.  a ticket means i pay a fine.  so is this legal?  


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