The information posted on this website is not intended to be legal advice. Please consult state statutes or contact an attorney for more information about the Dee Johnson Clean Indoor Air Act (24-16-1 NMSA 1978).

A Memo from the New Mexico Municipal League


TO: Municipal Clerks and Municipal Attorneys

FROM: Randy Van Vleck, General Counsel; Diane Lang, Research Director

SUBJECT: MODEL N0-SMOKING ORDINANCE

DATE: July 2, 2007

As you know, a new state law titled the “Dee Johnson Clean Indoor Air Act” went into effect on June 15. This law prohibits smoking in indoor public places and indoor workplaces throughout New Mexico.

The law specifies that local fire and police enforce the Act. However, unless a municipality enacts an ordinance adopting the new law’s provisions, violations of the Act will be cited into state magistrate court. We are enclosing a model ordinance (Download Model Ordinance by clicking here) for your use should your governing body decide to enact a local ordinance so that violations may be cited into your municipal court. On page 5, Section 9, Enforcement, we have added Code Enforcement officers in brackets for those municipalities that have the code enforcement function and wish to add them as those designated to enforce the Ordinance.

The Clean Indoor Act states that any local ordinance must include the minimum standards and provisions for smokefree areas that are contained in that Act. Therefore, this model ordinance contains all the provisions in the state law. You may, however, enact provisions that are stricter than the state law. Prohibiting smoking in outdoor dining areas would be an example of an additional, stricter provision that is not contained in the state law.

Those municipalities that currently have a no-smoking ordinance in place should make sure that ordinance complies with the minimum provisions in the Dee Johnson Clean Indoor Air Act.

The American Cancer Society has a website at SmokeFreeNM.com that includes a section on “Frequently Asked Questions” about the new law which you may find helpful. You can access the new Clean Indoor Air Act - CS/HB Bill 283, Chapter 20 - at the New Mexico Legislature website at legis.state.nm.us.

As always, we recommend that your municipal attorney review any ordinance before its passage. Please feel free to call us if you have any questions.