[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.]
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.
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.
- APPROVED CONTAINER
- 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."
- OPEN BURNING
- 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.
- RECREATIONAL FIRE
- 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.
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.
When atmospheric conditions or local circumstances make such fire hazardous, outdoor burning shall be prohibited.
Any fire outside the constraints of an approved container.
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.
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.
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.