Does Fargo, ND have its own outdoor smoking restrictions ordinance?

No. Fargo, ND does not appear to have a local outdoor smoking restrictions ordinance, North Dakota state law applies instead. The rules summarized on this page come from ND Century Code.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Fargo

Fargo, ND Public Conduct: Outdoor Smoking Restrictions (2026)

Heavy Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

State statute: NDCC 23-12-10
Entrance buffer: 20 feet
Vaping included: Yes (state law)
Local ord: Fargo Ch. 23-1011

Summary

Fargo follows the statewide ND Smoke-Free Law (NDCC 23-12-10), banning smoking in workplaces, restaurants, bars, and within 20 feet of public building entrances and windows.

23-12-10. Smoking restrictions - Exceptions - Retaliation - Application. 1. In order to protect the public health and welfare and to recognize the need for individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of: a. Public places; and b. Places of employment. 2. Smoking is prohibited within twenty feet [6.10 meters] of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas in which smoking is prohibited. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty feet [6.10 meters] is a reasonable minimum distance by making application to the director of the local health department or district...

Source: ND Century CodeView official code

Full Breakdown

Fargo enforces both the state Smoke-Free Law and a longstanding city ordinance under Chapter 23-1011 that pre-dated the state rule. Smoking, vaping, and e-cigarette use are prohibited inside virtually all enclosed public places and workplaces, including bars, casinos, and restaurants. The 20-foot buffer applies to entrances, exits, operable windows, and air intakes of public buildings. City parks, NDSU venues, and the FargoDome have additional facility-specific bans. Property owners must post no-smoking signage at every entrance.

Violations & Fines

Smoking inside a covered area or within 20 feet of an entrance can trigger civil fines for both the smoker and the property owner who fails to ask the smoker to stop.

Frequently Asked Questions

Are outdoor patios at bars smoke-free?

If the patio is more than 50 percent enclosed, it counts as indoor and is smoke-free. Open-air patios are generally allowed unless the bar opts otherwise.

Can apartments ban smoking in units?

Yes. Landlords may impose lease-based smoke-free policies for entire buildings, including private units, balconies, and shared outdoor areas.

Sources & Official References

[1]NDCC 23-12-10
[2]Fargo Cass Public Health

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All Fargo rules

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