Enforcing ND's Smoking Ban - KXNet - Bismarck/Minot/Williston/Dickinson

Working to clear the air is also creating more "work" on the streets.

Reporter Sarah Gustin explains the challenges of enforcing North Dakota's statewide smoking ban.

You can't smoke here-here-or here.

(Paul Leingang / Mandan Police Deputy Chief) "They could be citied tomorrow morning if they are in violation of the state law, they could be cited and they could be fined up to 50 dollars." 

North Dakota's new smoking ban is putting the butts out in a lot of places that were once safe for lighting up.

The new law expands the ban to bars, motels, cabs and public transportation. 

(Sarah Gustin / sgustin@kxnet.com) "Even smokers trying to catch a quick puff outside might have a hard time all smokers are being asked to not smoke within 20 feet of a building entrance, and as you can see those places might be hard to come by." 

(Paul Leingang / Mandan Police Deputy Chief) "From the front door of pretty much any business on main street to the curb you are probably going to be within that 20 foot range that is going to be restrictive and so technically that is a violation. Hopefully people will use some common sense and go to a different are if they are going to smoke."

Police say one of the biggest challenges is enforcing yet another law during an already busy day.

(Paul Leingang / Mandan Police Deputy Chief) "I think law enforcement is really strapped all across the state with resources." 

(Sgt. Mark Buschena / Bismarck Police Department) "Call the police, yah we can come and respond but there's a good chance that by the time we get there that person is going to be gone. So probably the best thing would be to notify an employee, let them warn them and then if they continue to smoke or refuse to comply. Yeah, we can with police discretion write a report, warn them or we can write a report and the person can be charged with an infraction." 

Both Departments says officers won't be actively looking to pull smokers off the streets, but will be ready to step in when the rules aren't followed.

If someone is seen smoking in a smoke free area, you are asked to first contact the managers, then law enforcement will become involved if necessary.