[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 9-21-2009 by L.L. No. 5-2009 (Ch. 47 of the 1987
Code). Amendments noted where applicable.]
A.
The purpose of this chapter shall be to protect and promote the health,
safety and welfare of the people of the Village of Liverpool by prohibiting
the burning of garbage, rubbish and refuse and regulating open burning
and recreational fires.
B.
It is recognized that occasional recreational fires, as allowed herein,
are acceptable in the Village of Liverpool using clean firewood.
For the purposes of this chapter, the following words, phrases
and terms and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, words used in the singular include the plural and words
used in the masculine include the feminine. The word "shall" is always
mandatory and not merely directory.
A properly maintained and utilized barbeque grill, barbeque
pit or outdoor fireplace that utilizes a spark-arresting screen and
a lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber.
Clean, seasoned wood.
Putrescent animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food; wastepaper
products or household trash shall also be considered "garbage."
The burning of materials outside of an approved container
wherein products of combustion are emitted directly into the ambient
air without passing through a stack, chimney or spark-arresting screen
from an enclosed chamber. Open burning does not include road flares,
smudge pots and similar devices associated with safety or occupational
uses typically considered open flames.
An outdoor fire burning materials other than garbage, rubbish
and refuse where the fuel being burned is inside an approved container,
and excluding the burning of materials for the sake of disposal.
Nonputrescent and putrescent solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanings, dead animals,
abandoned automobiles and any parts thereof, agricultural waste, excluding
usable agricultural equipment, commercial waste, industrial waste
and construction and demolition debris, including commercial and industrial
equipment having no value other than scrap metal, pressure-treated
or painted wood.
Village of Liverpool.
A.
No garbage, rubbish or refuse shall be burned in an open fire or
in an approved container, metal basket, can or drum in any part of
the Village.
B.
When atmospheric conditions or local circumstances make such fire
hazardous, outdoor burning shall be prohibited.
C.
Open burning.
D.
Any fire outside the constraints of an approved container.
E.
Any fire
that will be or is offensive or objectionable because of smoke or
odor emissions.
[Added 12-16-2019 by L.L. No. 12-2019]
A.
General. A person shall not kindle or maintain or authorize to be
kindled or maintained any recreational fires unless conducted and
approved in accordance with this section.
B.
Location. The location for recreational fires shall not be less than
15 feet from any structure and provisions shall be made to prevent
the fire from spreading to within 50 feet of any structure. The Village
of Liverpool Code Enforcement Officer may increase the required distance
from structures as warranted.
C.
Attendance. Recreational fires shall be constantly attended until
the fire is extinguished. A minimum of one portable fire extinguisher
with a minimum 4-A rating or other approved on-site fire extinguishing
equipment, such as dirt, sand, water barrel, garden hose or water
truck, shall be available for immediate utilization.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $500. Each day
of continued violation of this chapter, after written notice thereof,
shall constitute a separate additional violation. In addition, the
Village may also institute an action or proceeding, including an injunction,
to compel compliance with or prevent violation of this chapter.
