Backyard smokers are treated as cooking, not open burning, so they are generally allowed for single-family homes. On multi-family premises the Town of Waukesha's outdoor-fire ban applies, limiting fuel-fired smokers the same way it limits charcoal and propane grills.
Waukesha County has no ordinance specifically addressing wood or pellet smokers. Because a smoker is used for cooking rather than waste disposal, it is not "open burning" and does not need a burning permit, though it must burn only clean fuel (wood, charcoal, pellets) and not create a smoke or odor nuisance that neighbors can complain about under local nuisance codes. For apartments and condos, the Town of Waukesha treats any outdoor fire, including cooking appliances, under Sec. 5-2-8(g): only electric units are allowed above the first floor, and ground-floor smokers must be at least 20 feet from the dwelling and combustibles. Persistent smoke drifting onto neighboring property can still be enforced as a nuisance.
No smoker-specific penalty for single-family use; nuisance smoke or a prohibited multi-family smoker is subject to municipal forfeiture.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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See how New Berlin's smoker rules rules stack up against other locations.
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