§ 95.999 PENALTY.

   (A)   Generally. Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in § 10.999. Each day’s violation shall constitute a separate offense, and an unlawful emission from each chimney, smoke stack, open fire, or other point of discharge shall also constitute a separate offense. A separate and distinct offense shall be regarded as committed each day on which the person shall continue or permit any violation to exist after notification thereof by the Director. Any abatement provided for in §§ 95.105 through 95.155 of this chapter shall be in addition to any penalties prescribed in this section.

   (B)   Open burning. Any person found in violation of this §§ 95.130 through 95.138 shall be subject to the following procedures.

      (1)   Any Fire Department personnel, police officer, Health Department Officer, or City Inspector 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, which shall be prosecuted by the City Attorney in the City Court.

      (2)   Violation of §§ 95.130 through 95.138 is punishable by a fine in an amount as set by the city from time to time per occurrence.

      (3)   Failure or refusal by the violator to immediately extinguish the fire in violation of §§ 95.130 through 95.138 shall also result in the Fire Department having the authority to go upon private property to extinguish the 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.

(Prior Code, § 102.999) (Ord. 0-06-0014, passed 5-8-2006)