§ 101.99 PENALTY; ENFORCEMENT.
   (A)   Any person found in violation of this chapter shall be subject to the following procedures:
      (1)   Any fire, law enforcement officer or planning personnel of the city may enter upon property located within the city boundaries for the purpose of investigating a violation of this chapter and may order a person to correct the violation by immediately extinguishing the fire.
      (2)   A person who violates this chapter shall be fined in an amount not to exceed $2,500.
      (3)   Failure or refusal by the violator to immediately extinguish the fire in violation of this chapter shall also result in the Fire Department having the authority to go upon private property to extinguish said fire.
      (4)   Each subsequent starting, kindling, causing, or allowing of a new fire after a warning notice or citation has been issued shall be considered a separate offense.
      (5)   Liability for fire: Any person who allows the accumulation or existence of combustible material which constitutes or contributes to open burning may not refute liability for violation of this chapter on the basis that said fire was set by vandals, an accident, or an act of God.
   (B)   The open burning provisions are enforceable by the duly appointed fire, police, or planning personnel within the city, acting on his/her own initiative or at the request of the Mayor.
(Ord. 12-2010, passed 8-10-10)