(A) The Council finds the 1986 Surgeon General's Report concludes that tobacco smoke is a major contributor to indoor air pollution; that breathing secondhand smoke is a cause of disease, including lung cancer in healthy non-smokers; and that separation of people and tobacco smoke within the same air space may reduce but does not eliminate exposure to environmental tobacco smoke.
(B) The Council further finds the 2006 Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, unequivocally concludes that secondhand smoke exposure can cause serious disease, including coronary heart disease and lung cancer, and premature death in children and adults who do not smoke, and that scientific evidence indicates that there is no safe level of exposure to secondhand smoke, and therefore, a reduction of smoke in City of Albuquerque facilities, and in public places and places of employment within the City of Albuquerque, constitutes a public health priority.
(C) Sections 9-5-5-1 et seq. adopt the provisions of the Dee Johnson Clean Indoor Air Act and expand the provisions of that Act to maintain existing city prohibitions on smoking in the following situations:
(1) Where a business is operating as a sole proprietor or with fewer than two employees;
(2) Smoking in a private home where child care, adult care or health care or any combination of those activities is provided and not just during the hours of business operation of such private homes; and
(3) The Albuquerque Biological Park.
(D) The Council finds that the enactment of the New Mexico Cannabis Regulation Act, NMSA 1978, §§ 26-2C-1 et seq. and corresponding updates to the Dee Johnson Clean Indoor Air Act, NMSA 1978, §§ 24-16-1 et seq. require amendment of the Albuquerque Clean Indoor Air Act to include regulation of cannabis smoke, and to clearly define the areas in which cannabis consumption is permitted.
(Ord. 21-2008; Am. Ord. 2022-16)