§ 23-12-10.2 — Complaints and enforcement - City and county ordinances and home rule charters

North Dakota § 23-12-10.2

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-12: Public Health, Miscellaneous Provisions

Text

charters
1. State agencies with statutory jurisdiction over a state-owned building or office shall
enforce section 23-12-10. These agencies include the fire marshal department,

department of health and human services, legislative council, and office of
management and budget.
2. A city or county ordinance, a city or county home rule charter, or an ordinance adopted
under a home rule charter may not provide for less stringent provisions than those
provided under sections 23-12-09 through 23-12-11. Nothing in this Act shall preempt
or otherwise affect any other state or local tobacco control law that provides more
stringent protection from the hazards of secondhand smoke. This subsection does not
preclude any city or county from enacting any ordinance containing penal language
when otherwise authorized to do so by law.
3. The provisions of this Act shall be enforced by state's attorneys who may ask the North
Dakota attorney general to adopt administrative rules to ensure compliance with this
Act. State and local law enforcement agencies may apply for injunctive relief to
enforce provisions of this Act.