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What do municipalities need to know if implementing a local ordinance?

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What do municipalities need to know if implementing a local ordinance?

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First, start by utilizing the Model Ordinance developed by the New Mexico Municipal League. 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. Please note that on page 5, Section 9, Enforcement, Code Enforcement officers have been added in brackets for those municipalities that have the code enforcement function and wish to add them as those designated to enforce the Ordinance. As always, it is recommended that your municipal attorney review any ordinance before its passage.

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