Newark, OH Outdoor Cooking: Smoker Rules (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?
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Is there a size limit for a cooking fire?
Can I burn trash or yard waste in a cooking fire?
Sources & Official References
Other rules in Newark
Compare Newark to another location·View the Ohio outdoor cooking overview
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