Smoking Shelters Violate New State Law | Video

Joel Porter | 1/8/2013

The new statewide anti-public smoking ordinance went into effect in North Dakota on December 6. And Bismarck city leaders say outside smoking shelters that were built to give smokers a place to light up are technically illegal.

Under the law, not only must smokers remain at least 20 feet from any door, window or air vent, but the shelters that were built to comply with the city ordinance less than two years ago are not compliant.

"And the state law essentially reduced that ability to the point where, unless you can devise a structure that`s 66 percent open on each of the four walls, you can`t smoke in there," city attorney Charlie Whitman said.

Whitman says the law operates on a complaint basis. He says bar owners could be issued escalating fines based on how many complaints are received.

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