New York City has no ordinance specific to residential smokers or wood-fired ovens. Smoke nuisance is enforced through NYC Administrative Code Section 24-141.1 (visible smoke), DEP air-pollution complaints, and general nuisance under NYC Health Code.
There is no city section regulating residential smokers, wood-fired pizza ovens, or backyard smokehouses by name. Three frameworks apply. First, NYC Administrative Code Section 24-141.1 prohibits visible smoke emissions, defined as opacity greater than 20% Ringelmann 1 for more than 6 minutes per hour from any source, including residential wood-burning. Second, NYC DEP investigates air-pollution complaints submitted through 311 and may issue Notices of Violation under Chapter 13 of Title 24 (Air Pollution Control Code). Third, the NYC Department of Health can act under Health Code Article 17 if smoke creates a public health nuisance, and NYC Fire Code FC 307.5 prohibits any open-flame device including a smoker on combustible balconies in multi-dwelling buildings.
DEP issues OATH summonses with civil penalties from $200 to $4,500 under NYC Admin Code 24-178. FDNY violations of FC 307.5 carry penalties starting at $1,000. Repeat code violations may also result in injunctive relief.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
New York, NY
The NYC Noise Code prohibits excessive muffler/exhaust sound from motor vehicles on roads with a 35 mph or lower speed limit - defined by 'plainly audible' d...
New York, NY
Under Admin. Code Sec. 24-235, an animal owner may not permit unreasonable animal noise that is plainly audible inside any nearby residential property for 10...
New York, NY
Under Admin. Code Sec. 24-222, construction work is unlawful except on weekdays between 7:00 a.m. and 6:00 p.m. Limited weekend work (Sat/Sun 10 a.m.-4 p.m.)...
New York, NY
Under Admin. Code Sec. 24-231, music from a commercial establishment may not exceed 42 dB(A) measured inside any nearby residential dwelling unit, nor 45 dB ...
New York, NY
New York City has no blanket 'quiet hours' curfew, but the Noise Code's general prohibition (Admin. Code Sec. 24-218) makes it unlawful to make any unreasona...
New York, NY
New York City bars street storage of boat trailers, mobile homes, and mobile medical diagnostic vehicles: under 34 RCNY 4-08(m)(8) none may be parked on any ...
See how New York's smoker rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.