§ 91.99 PENALTY.

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

   (B)    Violating any of the terms of §§ 91.01 to 91.11 shall be subject to fines amount not less than $75. Each day a violation continues shall constitute a separate offense. It is the intent of the town that multiple violations should be fined more severely.

   (C)   (1)   A person violating open burning provisions of §§ 91.45 to 91.49 may be served by an authorized enforcement person with a notice of violation. The person upon whom a notice of violation is served may admit liability to the violation as provided in §§ 91.45 to 91.49 and pay a civil penalty of $25 directly to the town.

      (2)   If, in the opinion of the authorized enforcement person, the violation is so substantial as to warrant a more severe penalty, the authorized enforcement person may issue a notice of violation and citation to appear in the superior or circuit court for determination of the alleged violation of §§ 91.45 to 91.49. This violation will be a Class C infraction.

      (3)   Except as otherwise provided in §§ 91.45 to 91.49, any person found in violation of the open burning provisions of §§ 91.45 to 91.49 shall be fined in accordance with §§ 91.45 to 91.49. Each day in violation shall be considered a separate violation. The town may also seek an injunction to prevent further violation of §§ 91.45 to 91.49.

(Ord. 2002-10, passed 10-28-2002; Ord. 2020-21, passed 1-19-2021)