Backyard smokers are allowed in Sarasota County as cooking fires using approved fuel, but any outdoor smoke-producing process must avoid creating a nuisance. Officials weigh wind, air quality, and neighbors' health when deciding if smoke is unlawful.
Sarasota County Code § 54-116 treats a smoker as a cooking fire, allowed without a permit when using approved fuel (clean wood, charcoal, LP gas, natural gas, or butane) solely to prepare food. However, 'open burning' includes any outdoor smoke-producing process emitting air contaminants, and all allowed burning must be conducted to avoid a nuisance. In deciding whether smoke is a nuisance, a code officer or the Fire Chief exercises professional judgment based on atmospheric conditions (high winds, wind direction, fog, inversion, air quality index) and the sensitivity of nearby persons with asthma, allergies, or respiratory conditions. Persistent heavy smoke drifting onto neighbors can therefore be ordered abated even from a lawful cooking device.
Officials may order a smoke nuisance abated or extinguished; failure to comply is a misdemeanor prosecuted under general law. Repeated complaints can lead to code-enforcement action.
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