§ 96.04 ENFORCEMENT.
   (A)   Any person found in violation of this chapter shall be subject to the following procedures:
      (1)   First time violations of this chapter shall result in a fine of $75; however, if the violator refuses to extinguish the fire and the fire department is required to extinguish the fire, the fine for a first time violation may be up to but shall not exceed $2,500 pursuant to City of Greendale, Indiana, Code of Ordinances, Title I, Chapter 10, § 10.99.
      (2)   A second violation under this chapter within one year shall result in a fine of no less than $100 and shall not exceed $500; however if the violator refuses to extinguish the fire and the fire department is required to extinguish the fire, the fine for a second time violation may be no less than $100 and shall not exceed $7,500 pursuant to City of Greendale, Indiana, Code of Ordinances, Title I, Chapter 10, § 10.99.
      (3)   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 offence.
      (4)   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.
   (B)   The open burn and fire pit provisions are enforceable by the Greendale Police Department and the Greendale Fire Department within the City of Greendale, acting on his/her own initiative or at the request of the Mayor or Common Council.
(Ord. 2016-12, passed 10-12-2016)