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Marion, OH Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Governing rule
§ 660.08(C)(1), cooking food for human consumption
Notice or permit
None stated for cooking fires
Fuel
Clean fuel chosen to minimize air contaminants
Fire size
Minimum size sufficient for its intended purpose
Forbidden fuel
Garbage, landscape waste or other waste material
Penalty
Minor misdemeanor, fine up to $150.00

Summary

In the City of Marion, Ohio, outdoor cooking is allowed under § 660.08(C)(1) as one of the narrow exceptions to the open burning ban. The fire shall be of a minimum size sufficient for its purpose, fueled with a clean fuel, and never used to burn garbage, landscape waste or other waste material. The code names no smoker, grill or barbecue.

(2) GARBAGE. Any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products. ... (C) Open burning shall be allowed for the following purposes: (1) Cooking food for human consumption; and ... Fires allowed by this section shall not be used to burn garbage, landscape waste or any other waste material and shall be of a minimum size sufficient for their intended purpose. The fuel used shall be a clean fuel, that is, a fuel chosen to minimize the generation and emission of air contaminants.

Full Breakdown

The City of Marion, Ohio regulates backyard smokers and grills through its open burning section, § 660.08, because the code never names a smoker, grill or barbecue. Division (B) bans open burning within the municipality except as provided in divisions (C) through (E), and division (A)(1) says the burning of any materials in metal cans, barrels, containers, wire baskets or any homemade device is open burning. Division (C)(1) then allows open burning for cooking food for human consumption, with no notice to the Fire Department and no permit.

The cooking exception carries conditions. The fire shall be of a minimum size sufficient for its intended purpose. The fuel used shall be a clean fuel, that is, a fuel chosen to minimize the generation and emission of air contaminants. The fire shall not be used to burn garbage, landscape waste or any other waste material. Garbage is defined in division (A)(2) as any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products, so food scraps and packaging waste are not fuel. Landscape waste, defined in division (A)(3), includes branches, brush, leaves and yard trimmings, which rules out feeding a cooking fire with yard debris.

The notification tier in division (D) applies to disease or pest control and ceremonial fires, not to cooking, and the written permission tier in division (E) applies to hazardous material disposal, fire fighting instruction and emergencies. Chapter 943 adds a second rule: § 943.09(C) says nothing in that section prohibits a proper fire for domestic purposes or recreation if the fire is properly attended.

Violations & Fines

A violation of § 660.08, including burning waste in a cooking fire, is a minor misdemeanor under division (F), and § 698.02(D) sets the fine at not more than $150.00. The offender shall also pay the cost of proper disposal of the material burned, measured as what it would have cost to dispose of the materials consistently with the air, water and solid waste laws, ordinances and regulations of the municipality and the state.

Frequently Asked Questions

Can I smoke meat or grill in my backyard in Marion, Ohio?
Section 660.08(C)(1) allows open burning for cooking food for human consumption. The fire shall be of a minimum size sufficient for its intended purpose and fueled with a clean fuel, one chosen to minimize the generation and emission of air contaminants. The code does not name smokers, grills or barbecues, so the cooking exception is the rule that applies.
Do I need to notify the fire department before cooking over a fire?
Section 660.08(C) sets no notice requirement for cooking fires. Prior notification to both the Municipal Fire Department and the District Office of the Ohio Environmental Protection Agency appears in division (D), which covers disease or pest control and ceremonial fires, not cooking.
Can I burn scraps or trash in my smoker fire?
No. Fires allowed under § 660.08(C) shall not be used to burn garbage, landscape waste or any other waste material. Garbage is defined in division (A)(2) as any matter resulting from the handling, processing, preparation, cooking and consumption of food or food products, so leftover food cannot go into the fire.
What is the penalty for breaking the cooking fire rules?
Under § 660.08(F), a violation is a minor misdemeanor with a fine of not more than $150.00 under § 698.02(D). The offender must also pay the cost of proper disposal of the material burned, which the section measures against lawful disposal under municipal and state law.

Sources & Official References

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