§ 92.99  PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   Any person violating the terms of § 92.01 shall be guilty of a punishable violation and upon conviction thereof may be fined not less than $10 nor more than $100.
(1989 Code, § 92.99)
   (C)   Any person found in violation of § 92.02 shall be subject to the following procedures.
      (1)   The Police Department 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.
      (2)   Issuance of a citation to the violator shall result in the imposition of a fine of $25 for the first violation. A fine of $50 shall be imposed for the second violation, and a $150 fine shall be imposed for the third and any subsequent violations occurring during a two calendar year period.
      (3)   Failure or refusal by the violator to immediately extinguish the fire in violation of § 92.02 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)   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 § 92.02 on the basis that said fire was set by vandals, accidental or act of God.
(Ord. 2-1973, passed 5-21-1973; Ord. 2004-0101, passed 2-9-2004; Ord. 2006-0201, passed 3-13-2006)