Doña Ana County, NM Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Smoke-free buffer
- 50 feet from entrances
- Hotel smoking rooms
- up to 10% of rooms
- Employer policy deadline
- October 1, 2019
- Maximum fine
- $300 per violation
- Maximum jail term
- 90 days
- Enforced by
- Sheriff's Dept, Fire Marshal, HHS
- Applies only in
- unincorporated county
Summary
Doña Ana County bans smoking and vaping inside and within fifty feet of every public place in the unincorporated county, from county buildings and restaurants to gyms, bowling alleys and theaters. Violators face prosecution under § 283-9, and hotels may set aside no more than 10% of rooms as smoking-designated space.
In order to reduce pollutants in the air that create health risks and may otherwise impede equal access to members of the public, smoke-free and vapor-free air is mandated in all public places, including the fifty-foot radius from each entrance or exit accessing the public place, including but not limited to the following: A. County facilities and vehicles, including property and vehicles owned, operated or utilized for County business by County elected officials, employees or their agents. ... D. Restaurants, truck stops, liquor establishments and other food and beverage establishments. ... F. Sports and recreational arenas, including but not limited to sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, bingo halls and other similar places where members of the general public assemble either to engage in physical exercise, witness sports events or participate in social recreation.
Full Breakdown
and rewritten in its entirety by Ordinance No. 303-2019. Under § 283-3, it applies only within the unincorporated county, excluding Las Cruces, Sunland Park, Mesilla and Hatch. Section 283-4 mandates smoke-free and vapor-free air in every 'public place,' defined to include county-owned buildings and vehicles, buses and taxicabs, offices, banks, laundromats, retail stores, galleries, libraries, restaurants, truck stops and liquor establishments, theaters and convention halls, gyms, bowling alleys, bingo halls and swimming pools, and any open public meeting of a county board or commission. The ban extends fifty feet beyond every entrance or exit to those places.
A parallel ban in § 283-5 covers places of employment, also with a fifty-foot buffer, and required employers to adopt a written smoke-free policy by October 1, 2019. Hotels and motels may permanently designate up to 10% of their rooms for smoking or vaping guests under the § 283-6 exemption, provided they still accommodate employees who cannot medically work in non-smoke-free air. Owners and managers must post 'No Smoking, Including Electronic Cigarettes' signage and remove or disable ashtrays in every regulated space under § 283-8.
Enforcement runs through the Sheriff's Department along with Health and Human Services and the Fire Marshal, who may inspect for compliance while conducting other lawful inspections.
Violations & Fines
Under § 283-9(C), each violation is punishable by a fine of up to $300 and up to 90 days in jail, or both, as provided in the general penalty article, § 1-20 of the Code. The County favors voluntary compliance and public education first, but criminal prosecution can proceed immediately without that step if a violation is deemed a significant public health threat.
Frequently Asked Questions
Does Doña Ana County's smoking ban cover restaurant patios?
Can a Doña Ana County hotel offer smoking rooms?
What is the penalty for smoking in a banned area?
Sources & Official References
Other rules in Doña Ana County
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