BUFFALO, N.Y. — Erie County Legislator Patrick Burke thought people knew it was dangerous to smoke in vehicles with children in the backseat.

After seeing another driver doing just that while Burke had his own children in the car, he reconsidered.

On Tuesday, Burke introduced legislation that would make it a crime for anyone to smoke with children under the age of 16 in their vehicle, even if the windows are open for ventilation.  There would be a warning given for a first offense and a fine of $150 for the second.  

“We don’t want this to be draconian. If someone doesn’t realize what the health consequences are, or they might not know it’s a law. We want a warning process in place,” he said.

Arkansas, California and Louisiana all have similar laws in place, along with Rockland County and the city of Schenectady in New York.

“It’s a matter of public health,” Burke said Tuesday morning, speaking at Roswell Park. “Children have a right to a future, a right to breathe clean, healthy air. Someone’s habit should not force carcinogens and pollutants on a child’s lungs.”

He’s focusing the proposed legislation on cars, not residences, because children under the age of 16 don’t have a choice about breathing in that air. Parents, or children, can go into a different room if someone’s smoking at home, he said.

Smoking in cars can expose children’s lungs to levels of carcinogens and toxins at rates 10 times higher than when smoking was permitted in bars, added Dr. Mark Travers, a research scientist in the Division of Cancer Prevention and Population Sciences at Roswell.  “This is just another step to keep our kids safe in a car.”

The proposed legislation will be the subject of a community discussion on Jan. 23 and Burke expects a vote in three to five weeks.