Smoking regulations were enacted in North Dakota to protect the public health and welfare of people. The law recognizes the needs of individuals to breathe smoke-free air. North Dakota therefore prohibits smoking in all enclosed areas of public places and places of employment.[i]
The law relating to smoking does not apply to certain places. These exempted places include private residences except when being used as home-based child care facilities, designated smoking rooms in hotels or motels, retail tobacco stores provided that smoke does not infiltrate into places where smoking is prohibited and outdoor areas of places of employment, except a sports arena. Areas in owner-operated businesses that have no employees and are not generally accessible to the public, bars, places of public access rented or leased for private functions from which the general public and children are excluded and separately enclosed areas in truck-stops accessible only to adults are also places where smoking is allowed.[ii] Smoking as part of a traditional Native American ceremony is also allowed.[iii]
An individual who smokes in an area where smoking is prohibited is guilty of an infraction punishable by a fine not exceeding fifty dollars.[iv] An owner or other person with general supervisory responsibility over a public place or place of employment who willfully fails to comply is guilty of an infraction, and will be subject to a fine not to exceed $100 for the first violation, not to exceed $200 for a second violation within one year, and not to exceed $500 for each additional violation within one year of the preceding violation.[v] State agencies with statutory jurisdiction over a state-owned building or office shall enforce these provisions.[vi] These agencies include the Fire Marshal Department, State Department of Health, Department of Human Services, Legislative Council, and Office of Management and Budget. The agencies may mutually agree as to the manner in which enforcement is to be accomplished and may adopt administrative rules to ensure compliance, including referral of violations to an appropriate law enforcement agency for enforcement.
[ii] N.D. Cent. Code, § 23-12-10(2)
[iii] N.D. Cent. Code, § 23-12-10(3)
[iv] N.D. Cent. Code, § 23-12-11(1)
[v] N.D. Cent. Code, § 23-12-11(2)