As far as we know, there have still been no smoking summons written over the city's new smoking ban and, if a recently unveiled memo is correct, there may well never any written in Battery Park or Hudson River Park (and possibly the Brooklyn Bridge Park). Why? Because those parks are not technically city parks.

Both Battery Park and the Hudson River Park, which are officially considered independent of the city's parks system, are not participating in the ban to the point that they have yet to install no smoking signs. According to the Parks Department the smoking policy in the two parks is "under review." And considering how easy it is to find a non-smokers in the park for an anti-smoking screed, there is arguably a will to ban it there. “That would be bad,” a Hoboken resident worried. “Any park that would be the ‘smoker’s park’ would be bad—that’s gross.”

The Brooklyn Bridge Park, which is something of a city and state park, meanwhile is enforcing the ban, according to the Parks Deptartment.

Meanwhile, NYC Parks Advocates also notice that the widely touted $50 fine for smoking can actually go up to $300 if you aren't careful. According to the same memo "Failure to comply with an officer is a $ 250 fine, so exercise discretion when issuing this summons for smoking violation." Interesting, since that information is not posted on the Parks Department's website!

Not happy about the smoking ban? Tomorrow, Saturday the 28th, at 2 p.m. smokers' rights advocate Audrey Silk is planning a big "smoke-in the park" on the Boardwalk at Brighton 6th Street, Brooklyn (in case of rain they will be at Brighton 4th Street under the canopy).