[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 3-20-2014. Amendments noted where applicable.]
These regulations shall be known as the "Tobacco and Vapor Use and Sales Ordinance of the Village of Bosque Farms, New Mexico."
It is the purpose of this Section 5-7 to establish stringent restrictions on tobacco/vapor use and sales within the Village of Bosque Farms and to comply with the Dee Johnson Clean Indoor Air Act (NMSA 1978, § 24-16-1 et seq.) in order to promote healthy public environments, free from the health hazards of tobacco smoke and smokeless tobacco waste.
See the Dee Johnson Clean Indoor Air Act (NMSA 1978, § 24-16-1 et seq.).
As used in this Section 5-7, the following terms shall have the meanings indicated:
- DESIGNATED SMOKING AREA
- An outdoor area where smoking may be permitted that is at least 25 feet away from any entrance, window, or ventilation system of any public building. The designation must be a location that prevents secondhand smoke from entering any public building and prevents persons from having to walk through the designated smoking area to enter/exit any public building.
- ELECTRONIC SMOKING DEVICE
- Any product or device containing or delivering nicotine or any similar substance, to include non-nicotine substances, intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor, vapor product or aerosol. "Electronic smoking device" includes any component part of such product or device, whether or not sold separately, including but not limited to vapor products. "Electronic smoking device" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose.
- MINOR or MINORS
- Persons under 18 years of age. The singular and plural shall include one another.
- PUBLIC AREA
- The outdoor or enclosed area within any governmental or nongovernmental place to which the public is invited or in which the public is permitted, regardless of whether work or public business, meetings, hearings or recreation occur at any given time, including parks and recreational sites.
- SMOKELESS TOBACCO
- Any nicotine delivery system employing tobacco products within the mouth that is used without smoking, e.g., chewing tobacco, snuff, etc.
- SMOKE or SMOKING
- Refers to the carrying or holding of a lighted cigarette, pipe, cigar of any kind, or electronic smoking device, or any other lighted smoking equipment, or the lighting, emitting or exhaling of the smoke of a cigarette, pipe, cigar or electronic smoking device of any kind.
- VAPOR PRODUCT
- Any product or substance that contains nicotine or a similar substance, to include non-nicotine substances, and is intended for human consumption or is likely to be consumed using an electronic smoking device. "Vapor product" does not include any product specifically approved by the U.S. Food and Drug Administration for sale as a tobacco cessation product that is being marketed and sold solely for the approved purpose.
It is prohibited for any person or entity to offer for sale, sell, barter or give any electronic smoking device and/or vapor product to any minor within the Village limits of the Village of Bosque Farms.
Smoking, including the use of electronic smoking devices and/or vapor products, by any individual is prohibited in any public area within the Village limits of the Village of Bosque Farms. Smoking shall only be permitted in an outdoor designated smoking area.
Prosecution of violations. Any person failing to comply with this Section 5-7 shall be charged with a petty misdemeanor.
Penalties. Any person violating any of the provisions of this Section 5-7 shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment for a period not exceeding 90 days, revocation of license to conduct business in the Village of Bosque Farms, or all such fine, imprisonment and revocation of license. Each subsequent offense after conviction shall be prosecuted and treated as a separate offense.