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§ 33.02 PURPOSE, INTENT AND AUTHORITY.
   (A)   The Board of County Commissioners of Valencia County finds and declares that smoking in public places is a danger and hazard to the health and welfare of all employees and citizens of Valencia County.
   (B)   The authority of this chapter is contained in NMSA §§ 4-37-1 and 24-16-1 et seq.
(Ord. passed 12-15-1997) Penalty, see § 33.99
§ 33.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
    PLACE OF EMPLOYMENT. Any enclosed area in the Valencia County Courthouse.
   PUBLIC MEETING. Any meeting required by law to be an open meeting
   PUBLIC PLACE. Any enclosed indoor area in the Valencia County Courthouse.
   SMOKE or SMOKING. The carrying or holding of a lighted pipe, cigar, cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.
   SMOKING PERMITTED AREA. The portion of a public place in which smoking may be permitted.
(Ord. passed 12-15-1997)
§ 33.04 PROVISIONS.
   (A)   In public places where certain areas are designated as smoking-permitted areas, the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position where it is clearly visible on entry into the building.
   (B)   It is unlawful for any person to smoke in a public place or at a public meeting, except in smoking permitted areas.
   (C)   "Nonsmoking" will be designated by the proprietor of any space leased by the county.
   (D)   A judicial building is a "nonsmoking" facility unless a "smoking" area is designated by the District Court Judges. The county will provide the appropriate signs.
   (E)   Required signs to advise persons that county buildings are "nonsmoking" facilities, signs will be posted using the words "Smoking Not Permitted" or the international smoking symbol or both will be posted either on the buildings entrances or in a position where it is clearly visible upon entry into the building.
(Ord. passed 12-15-1997) Penalty, see § 33.99
§ 33.05 EXCEPTIONS.
   A sign will be displayed in areas of the building indicating that "smoking" is prohibited in all areas of the building and "violation is a petty misdemeanor and cause for citation;" with the following exceptions:
   (A)   Areas designated as "smoking permitted" by appropriate signs, a contiguous area or areas which shall not exceed 50% of the public place.
   (B)   The dispatcher office of the Valencia County Sheriff's Department shall be declared a "smoking permitted area" for employees of the Valencia County Sheriff's Department.
   (C)   All areas within the confines of the Valencia County Detention Center.
(Ord. passed 12-15-1997)
§ 33.99 PENALTY.
   The penalties for violations of the chapter is a petty misdemeanor, resulting in a $25 fine upon conviction. Prosecution under this chapter may be initiated either by citation or complaint.
(Ord. passed 12-15-1997)