[HISTORY: Adopted by the Board of Trustees
of the Village of Newark 9-21-1999 by L.L. No. 4-1999; amended in its entirety 6-20-2000 by L.L. No. 5-2000. Subsequent amendments noted where applicable.]
[Amended 9-16-2014 by L.L. No. 4-2014]
A.
No person, firm or corporation shall burn any wood, brush, trash,
papers, rubbish or garbage out of doors anywhere in the Village of
Newark. This section shall not prohibit the use of an outdoor fire
for cooking or recreational fires not to exceed three feet in diameter
located in a Planned Unit Development Zoning District and which fires
shall not be located closer than 150 feet to any permanent structure
located outside of the planned unit development.
B.
A cooking fire shall be in a container or device designed for said
purpose and shall be limited to propane gas, natural gas, wood or
charcoal for fuel. The container should be of such a design as to
contain flames and sparks. Said cooking fire shall be supervised and
shall not produce smoke or odors that may be readily detectable across
two real property lines or which create a nuisance, are injurious
to human life or unreasonably interfere with the comfortable enjoyment
of life or property.
[Amended 10-28-2002 by L.L. No. 9-2002]
A.
No person, firm, corporation or entity of any kind
shall operate a commercial barbecue in any residential zoning district
within the Village of Newark or within 200 feet of a residential structure
regardless of zoning district.
B.
For use in this chapter, a "commercial barbecue" shall
be defined as the outdoor cooking of food which is sold or disbursed
for consideration of whatever manner and which is prepared over a
barbecue pit, grill or any other cooking device which may result in
the emissions of dense smoke or objectionable odors. A residential
structure shall include a single- or multiple-family residence, including
a nursing home or adult care facility.
C.
This chapter shall not apply to commercial barbeques
operated on-site by the owner or employees of the owner of the property
for the purpose of on-site food consumption in a restaurant, pub or
tavern, nor shall it apply to commercial barbecues that are operated
on or adjacent to South Main Street during the annual "Newarkfest"
celebration.
The penalty for a violation of § 104-1 shall be a fine of $25 for the first offense, $50 for the second offense within the same calendar year and $100 for each subsequent offense within a calendar year. The penalty for a violation of § 104-2 shall be a fine of $100 for the first offense, $150 for the second offense and $200 for the third offense.
Enforcement shall be by appearance ticket returnable
in Newark Village Court. Said ticket may be issued by the Code Enforcement
Officer, an Environmental Conservation Officer or any officer of the
Village of Newark Police Department in his or her own discretion or
based upon the signed complaint of the Fire Chief, Code Enforcement
Officer or civilian complainant.
