(A) Any person found in violation of this chapter shall be subject to the following procedures:
(1) The county/municipal/township/fire departments, the County Sheriff, or EMA Departments shall issue a warning notice to a first-time violator stating that he or she is in violation. The person must then correct the violation by immediately extinguishing the fire. Failure or refusal to immediately extinguish the fire shall result in a citation being issued. A copy of any warning issued by a fire department or the EMA shall be submitted to the Sheriff's Department.
(2) Issuance of a citation to the violator shall result in the imposition of a $250 as administered by the Ordinance Violation Bureau pursuant to Ordinance No. 2012-03.
(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, accidental, or act of God.
(6) Citations shall be paid to the County Clerk, who shall then remit one half of the payment to the jurisdictional fire department where the citation was issued and the other one half to the county.
(B) The open burning provisions are enforceable by the duly appointed County Sheriff's Department or law enforcement officers within the county acting on his/her own initiative or at the request of the Board of Commissioners.
(Ord. 2023-16, passed 12-4-2023)