Smoking tobacco is widely considered by medical experts to be dangerous not only to the individual who is actually smoking the tobacco, but also to others who are around that individual. The dangers of second-hand smoke can include an increased risk of asthma, COPD, lung cancer, and other serious and potentially life-threatening ailments. Because of the dangers associated with second hand exposure to cigarettes, cigars, pipes, and other tobacco products that are smoked, many states have taken action to restrict locations where smoking tobacco is permitted.
The state of Nevada is no exception to the trend of prohibiting or limiting smoking tobacco. In fact, the Nevada Clean Indoor Air Act is in effect within the state of Nevada and it establishes many rules and regulations related to where smoking is prohibited and related to what a property owner’s rights and obligations are when it comes to smoking tobacco.
The Nevada Clean Indoor Air Act was actually proposed by a ballot initiative petition and in the 2006 general election, the voters of the state voted in favor of the initiative and the Act became law. The Nevada Clean Indoor Air Act is now codified in Chapter 202 of Title 15 of the state code. Title 15 is the state’s penal code detailing crimes and punishments, and Chapter 202 is the chapter of Title 15 that addresses crimes against public health and safety.
The Nevada Clean Indoor Air Act is found within this chapter of Title 15 because there are penalties imposed in circumstances where the laws related to the prohibition of indoor smoking are not followed. If you have been accused of violating the Nevada Clean Indoor Air Act, it is important that you understand exactly what the Act prohibits and that you make smart choices about the penalties you face and the options available for defending yourself.
LV Criminal Defense can advocate for you and help you to understand how the law impacts you. Our Vegas criminal defense lawyers have provided representation to many clients accused of various violations of Chapter 202 and we can put our extensive experience fighting for clients accused of breaking rules affecting public safety and health to work to fight on your behalf. Give us a call today to find out more.
The Nevada Clean Indoor Air Act prohibits smoking tobacco in any form, with very limited exceptions, in certain specific facilities. The prohibition against smoking tobacco, with limited exceptions, applies to facilities where children are cared for; movie theaters; arcades; public locations; government buildings, retail stores; malls, grocery stores; and restaurant indoor areas. In addition, the law also prohibits smoking on school grounds or within school buildings. There are no exceptions or limitations to the prohibition of smoking on school grounds.
The Nevada Clean Air act does establish some exceptions to a blanket ban on smoking, as there are many people who do visit Nevada on a regular basis who smoke as well as many local residents who enjoy smoking tobacco. The Clean Air Act specifically indicates that smoking is not prohibited in locations in casinos where state laws already prohibit minors to loiter. Smoking is also not prohibited in any strip club, brothel, saloon, tavern, stand-alone bar, or retail tobacco stores. There is no smoking ban in private residences either, even if the residence serves as an office, unless the private residence is operating as a health care facility or as an adult day care.
If there is a trade show or meeting taking place with representatives from the tobacco industry, the trade show is not open to members of the public, and there is a display of tobacco products, smoking does not have to be banned during the duration of the show.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
While these rules impose a lot of limitations on smoking, the Nevada Clean Air Act recognizes there is often more that could be done to prevent exposure to tobacco. As a result, the state does not prohibit or limit local municipalities from making anti-smoking laws that are stricter than the state laws that are in place. The Nevada Clean Air Act also recognizes that property owners may wish to restrict smoking more than the state does. As the law explains, there is nothing within the state law that prohibits or limits a person from designating a no smoking area for from designating the entire business area as smoke free.
In locations where smoking is prohibited by law, Nevada’s Clean Indoor Air Act required that the property owner or renter who is subject to the restrictions must put up a no smoking sign or must be put, in a clearly visible place, the universally recognized “No Smoking” symbol. There must also be an indicator on the door of the establishment that the area is a designated no smoking area.
Health authorities and peace officers, including sheriffs and police officers, can enforce the Nevada Clean Indoor Air Act, and violators can receive citations for breaking the rules. Those who are subject to the laws are also prohibited from retaliating against anyone who takes steps to ensure that no smoking occurs in designated no smoking zones.
A Vegas defense attorney at LV Criminal Defense can provide you with help if you have been accused of violating Nevada’s Clean Indoor Act by allowing smoking to occur in an establishment where smoking is prohibited or if you have been accused of retaliating against someone in connection with that persons’ efforts to enforce the Act.
To find out more about the assistance our legal team can provide to you when you are facing any accusations of wrongdoing in connection with the laws in Chapter 202 of Title 15, give us a call today.