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Abington, PA Outdoor Cooking: Smoker Rules (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Definition
'Barbeque' includes smoking devices under Section 65-1
Standard applied
Smoke/odor nuisance test, not a flat ban
Trigger
Smoke/odor beyond property line, unreasonable interference
Enforcer
Abington Township Police Officer or Fire Marshal
Fine
$25 to $300 per day, Section 65-4

Summary

Abington Township treats smoking devices as a form of barbeque under Chapter 65 of the Township Code, so outdoor smokers are legal without a permit. The Township Police or Fire Marshal can shut one down if smoke or odor from it is perceptible beyond your property line and unreasonably interferes with a neighbor's use of their property.

BARBEQUE Any cooking appliance that is designed for the proper preparation of food for human consumption. For purposes of this chapter, this definition shall include all such devices that are propane or natural-gas-fueled grills, charcoal grills, pellet-fueled grills, wood-fueled grills, and smoking devices. ... EXCESSIVE SMOKE/ODORS Smoke and odors are considered excessive if they are perceptible beyond the property line of the source of the fire and, in the opinion of the Abington Township Police Officer or Fire Marshal, are causing an unreasonable interference with the use and enjoyment of another person's property.

Full Breakdown

Chapter 65, Burning, of the Abington Township Code defines BARBEQUE broadly under Section 65-1 to include propane or natural-gas-fueled grills, charcoal grills, pellet-fueled grills, wood-fueled grills, and smoking devices. Because a smoker falls inside that definition, it is regulated the same way as a backyard grill rather than treated as a separate open-burning appliance, and it does not need a burning permit.

The chapter's operative standard is a nuisance test rather than a flat ban. Section 65-1 defines EXCESSIVE SMOKE/ODORS as smoke or odor that is perceptible beyond the property line of the source and that, in the opinion of an Abington Township Police Officer or the Fire Marshal, causes an unreasonable interference with a neighbor's use and enjoyment of their property. Section 65-3B(4) applies that same reasoning to fires set for grilling, broiling or barbecuing: the exception from the open-burning ban holds only as long as the fire is not noxious, hazardous or excessive by reason of smoke, odor, sparks, embers or hot ash.

Enforcement runs through Section 65-2, which gives any Abington Township police officer, the Fire Marshal, or another agent authorized by the Board of Commissioners the power to order the immediate cessation of a violation or to order a fire, cooking or barbeque immediately extinguished, abated, diminished or corrected. There is no separate permit process or size limit for smokers themselves under this chapter; the constraint is entirely the smoke and odor nuisance standard applied case by case.

Violations & Fines

Violating Chapter 65's smoke and nuisance standard carries a fine of not less than $25 nor more than $300 under Section 65-4, plus the costs of prosecution, with each day a violation continues counting as a separate offense. An owner who defaults on paying the fine can be committed to the Township lockup for up to five days.

Frequently Asked Questions

Does Abington Township regulate outdoor smokers differently from grills?
No. Section 65-1 of the Township Code defines 'barbeque' to include propane grills, charcoal grills, pellet grills, wood-fueled grills and smoking devices together, so a smoker is regulated under the same rules as any other outdoor cooking appliance rather than as a separate category.
When can Abington Township order me to put out my smoker?
When the smoke or odor from it is perceptible beyond your property line and, in the judgment of a Township police officer or the Fire Marshal, causes an unreasonable interference with a neighbor's use of their property. Section 65-2 lets that officer order the device extinguished or corrected on the spot.
What is the penalty for a smoke or odor complaint in Abington Township?
Section 65-4 sets a fine of $25 to $300 plus court costs for a Chapter 65 violation, and each day the condition continues counts as a separate offense. Failure to pay can result in commitment to the Township lockup for up to five days.

Sources & Official References

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