Can Backyard Barbecuing Be Illegal?

Before you get set to grill out this summer, be sure your barbecue practices adhere to the law.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


You wouldn’t think that an innocent backyard barbecue could possible break the law, but it can. Looking back to an online video that went viral two summers ago, after several neighborhood complaints, a Florida resident was confronted by a county environmental inspector who insisted that they contain their barbecue smoke and odor to their own property. Although the man was never cited, but he could have been if he had chosen to not comply. So what’s the problem? Continue reading to learn how a backyard barbecue can turn illegal, and how to grill out with your legal rights.

Air Pollution and Fire Safety Ordinances

The two most common reasons why barbecue practices can be illegal are air pollution and fire safety ordinances and regulations. Certain grilling practices may breach the local ordinances surrounding these two issues, in which case, a person could be cited and fined. These rules and regulations vary among jurisdictions, so it is important to learn what you can do to stay within the boundaries of the law.

What To Do:

Check Your City Code – Cities have certain fire safety codes that all citizens must adhere to or they can be subjected to legal penalties. These codes vary, but there are common ones that remain the same in most cities. For example, a common city ordinance mandates that all grills remain at least 10 feet away from anything combustible, including walls. Another prohibits the use of charcoal and wood-fired grills on balconies and fire escapes. Also, local city air pollution codes can affect a person’s ability to grill out.

Check Your HOA – For those who live in residential communities with a Homeowners’ Association (HOA), you will need to check their rules and regulations about grilling out, too. This includes condos, gated communities, and suburban neighborhoods. For instance, these places generally have wooden decks, and grilling on a wood deck is a fire hazard. This affects the community’s ability to be insured, so many prohibit the practice altogether.

Check Your Lease’s Fine Print – If you rent, or live in an apartment, you may need to refer to your lease to check on your grilling rights. In the lease, there may be certain restrictions laid out for tenants and their guests. For instance, most apartment complexes prohibit propane grilling since most city gas codes state that you can’t store standard propane cylinders on a balcony, roof deck, backyard, or in a communal courtyard. In other cases, apartment complexes allow natural gas grills so long as they are designed for residential use and the gas lines are installed by a certified plumber.

Consequences

The most common consequences are citations and fines. These can range from a few hundred dollars to several thousand, depending on the violation. Talk to a licensed Indianapolis criminal defense attorney about your city citation or legal matters, and learn how you can reduce or dismiss the charges or penalties against you.

Aggressive Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against criminal charges and citations in Indianapolis, Indiana. We offer free initial consultations to discuss the best strategies of defense for your legal situation. Call 317-636-7514 today to get started.