§ 91.155  ENFORCEMENT.
   The open burning provisions are enforceable by the duly appointed Town Marshal within the town, acting on his or her own initiative or at the request of the Town Council. Any person found in violation of this subchapter shall be subject to the following procedures.
   (A)   The Town Marshal 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.
   (B)   Issuance of a citation to the violator shall result in the imposition of a $100 fine for a first offense, $150 for a second offense, and $250 for a third or subsequent offense.
   (C)   Failure or refusal by the violator to immediately extinguish the fire in violation of this subchapter shall also result in the Fire Department having the authority to go upon private property to extinguish said fire.
   (D)   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.
   (E)   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 subchapter on the basis that said fire was set by vandals, an accident, or an act of God.
(Ord. 9-07-1, passed 9-10-2007)