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Newark, OH Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Governing section
§ 660.08(c)(2)B, Newark Code of Ordinances
Cooking covered
Outdoor fireplace equipment for cooking food for human consumption
Allowed fuel
Clean seasoned firewood, natural gas or equivalent, or clean burning fuel
Fuel area limit
Three feet or less in diameter, two feet or less in height
Waste burning
Not allowed in the cooking fire
Penalty
Minor misdemeanor, each day a separate offense

Summary

The Newark Code of Ordinances never uses the word smoker. In the City of Newark, Ohio, outdoor cooking fires fall under § 660.08(c)(2)B, which allows outdoor fireplace equipment used for cooking food for human consumption if it burns clean seasoned firewood, natural gas or equivalent, or another clean burning fuel, and is not used for waste disposal.

K. “Open burning.” The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. ... B. Bonfires, campfires and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational, or similar purposes, if the following conditions are met: 1. They are fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood; 2. They are not used for waste disposal purposes; ... F. Fires allowed by divisions (c)(2)A., (c)(2)B., and (c)(2)D. of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.

Full Breakdown

There is no smoker or grill section in the Newark code. The rule a cook has to work from is the open burning ordinance, § 660.08, which covers an outdoor cooking fire as open burning unless the exception applies. Open burning is defined in subsection (a)(1)K as the burning of any materials where the air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney.

The exception is in subsection (c)(2)B. It covers bonfires, campfires and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational, or similar purposes. Cooking is named in the text, so a backyard cooking fire does not need a separate approval from the Ohio EPA when the conditions are met.

The conditions are specific. Under B.1, the equipment must be fueled with clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood. The fuel list in the section names clean seasoned firewood and natural gas or equivalent, and the test for any other fuel is the emissions comparison to seasoned firewood. Under B.2, the equipment cannot be used for waste disposal purposes. Under B.3, the total fuel area is three feet or less in diameter and two feet or less in height.

Subsection (c)(2)F adds a general instruction for these fires: they shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.

The rule applies in the restricted area, which is the City plus a one-mile zone beyond its boundary. Subsection (b)(1) bars open burning where an air alert, warning or emergency under OAC Chapter 3745-25 is in effect.

Violations & Fines

A violation of § 660.08 is a minor misdemeanor under subsection (e), with a fine cap of $150 under § 698.02. A separate offense is committed each day a violation occurs or continues, and the offender pays the cost of proper disposal of any materials burned. Burning waste in a cooking fire removes it from the (c)(2)B exception.

Frequently Asked Questions

Does Newark, Ohio regulate backyard smokers?
Not by name. The code never uses the word smoker. Section 660.08(c)(2)B covers outdoor fireplace equipment used for cooking food for human consumption, and a smoker that burns clean seasoned firewood, natural gas or equivalent, or a clean burning fuel and is not used for waste disposal fits that wording.
What fuels are allowed for outdoor cooking?
Clean seasoned firewood, natural gas or equivalent, or any clean burning fuel with emissions that are equivalent to or lower than those created from the burning of seasoned firewood. Subsection (c)(2)F adds that the fuel shall be chosen to minimize the generation and emission of air contaminants.
Is there a size limit for a cooking fire?
Yes. Under (c)(2)B.3 the total fuel area is three feet or less in diameter and two feet or less in height. Subsection (c)(2)F also requires these fires to be of minimum size sufficient for their intended purpose. A fire above the limit falls outside the exception and needs notification or permission under the other tiers.
Can I burn trash or yard waste in a cooking fire?
No. Subsection (c)(2)B.2 requires that the equipment not be used for waste disposal purposes, and (c)(2)F repeats that fires allowed by the campfire exception shall not be used for waste disposal purposes. A violation is a minor misdemeanor, and each day counts as a separate offense.

Sources & Official References

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