[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:
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.
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.
Persons under 18 years of age. The singular and plural shall
include one another.
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.
Any nicotine delivery system employing tobacco products within
the mouth that is used without smoking, e.g., chewing tobacco, snuff,
etc.
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.
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.
A.
Prosecution of violations. Any person failing to comply with this
Section 5-7 shall be charged with a petty misdemeanor.
B.
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.
