North Dakota Century Code Title 23. Health and Safety § 23-12-11. Penalty

1. An individual who smokes in an area in which smoking is prohibited under section 23-12-10 is guilty of an infraction punishable by a fine not exceeding fifty dollars.

2. Except as otherwise provided in subsection 5 of section 23-12-10, an owner or other person with general supervisory responsibility over a public place or place of employment who willfully fails to comply with section 23-12-10 is guilty of an infraction, subject to a fine not to exceed one hundred dollars for the first violation, to a fine not to exceed two hundred dollars for a second violation within one year, and a fine not to exceed five hundred dollars for each additional violation within one year of the preceding violation.

3. In addition to the fines established by this section, violation of this Act by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

4. Violations of this Act are declared to be a public nuisance that may be abated by restraining order, preliminary or permanent injunction, or other means provided by law.

5. Each day on which a violation of this Act occurs shall be considered a separate and distinct violation.