§ 97.99 PENALTY.

   (A)   General.  Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99.

   (B)   Recreational fires.

      (1)   Violations.  Any person who violates any provision of §§ 97.01 - 97.05 is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $500, plus costs and other sanctions, for each infraction. Every day that a violation continues shall constitute a separate offense. In addition to any fines so described above, a $750 fee may be assessed for services of the Fire Department if service is required to contain or fight a fire under §§ 97.01 - 97.05.

      (2)   Repeat offenses.  Repeat offenses under §§ 97.01 - 97.05 shall be subject to increased fines as provided below. As used herein, REPEAT OFFENSE means a second (or any subsequent) municipal civil infraction violation of any provision of §§ 97.01 - 97.05 committed by a person within any one year period and for which the person admits responsibility or is determined to be responsible. The increased fine for repeat offenses shall be as follows:

         (a)   The fine for any offense, which is a first repeat offense, shall be not less than $100, plus costs.

         (b)   The fine for any offense, which is a second repeat offense or any subsequent repeat offense, shall be not less than $500, plus costs.

      (3)   Persons chargeable with a violation.  Persons chargeable with a violation of §§ 97.01 - 97.05 and subject to being responsible for a municipal civil infraction may include the following:

         (a)   The owner, agent, lessee, tenant, contractor or any other person using or having control of the land, building or premises where such violation has been committed or shall exist;

         (b)   Any person who knowingly commits, aids and abets, takes part or assists in any such violation; or

         (c)   Any person who owns or maintains any land, building, or premise on which such violation shall exist.

      (4)   Loss of burning privileges.  Any person found responsible for a violation of a municipal civil infraction offense pursuant to §§ 97.01 - 97.05 shall have their burning privileges suspended for 60 days.

      (5)   Civil remedies.  In addition to the municipal civil infraction remedies provided above, the violation of any provision of §§ 97.01 - 97.05 may be legally enjoined and otherwise abated in any manner provided by law.

      (6)   For the purpose of this section, each day that any person, firm, or corporation shall violate §§ 97.01 - 97.05 shall be deemed a separate offense.

(Ord. 194, passed 7-9-2012)