(A) If any person, firm or corporation shall violate any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Fire Chief, or shall fail, neglect or refuse to obey any lawful order given by the Fire Chief or any firefighter, in connection with the provisions of this code, for each such violation, failure or refusal, that person, firm or corporation shall be liable to the town for a civil forfeiture in a sum not less than $50, nor more than $2,500. Each day of the unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense. In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the town, the Town Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
(B) There is hereby established the following citation schedule of penalties for violations of the provisions of the Town of Lowell Fire Prevention Code. Penalties shall be paid to the Lowell Ordinance Violations Bureau who shall deposit the 50% of the funds into the Lowell General Fund and 50% of the funds into the Lowell Fire Prevention Non-Reverting Fund, which fund is hereby created and established for the purposes of providing revenues to promote fire safety and for any expenditure related to fire prevention.
(1) If the owner, operator, or agent fails to correct a cited violation of the Indiana Fire Prevention Code as adopted in § 93.004, the penalty shall be $50 for each violation cited. Each day the violation is permitted to continue may be deemed to constitute a separate offense. If the violator fails to appear in
response to a notice issued to the owner, operator, or agent after 30 calendar days from the date and time shown on the notice issued, the penalty shall be $100.
(2) If the owner, occupant, manager or other agent obstructs a fire hydrant, Fire Department connection, or fire protection control valve they are in violation of § 93.028 and the penalty shall be $50. Notice of violation shall be left with the owner, occupant, manager or other agent in charge. If the violator fails to appear in response to a notice issued after 30 calendar days from the date and time shown, the penalty shall be $100.
(3) If the owner, occupant, manager or other agent fails to install or maintain portable fire extinguishers as required they are in violation of § 93.029. The penalty shall be $50. Notice of violation shall be left with the owner, occupant, manager or other agent in charge. If the violator fails to appear in response to a notice issued after 30 calendar days from the date and time shown, the penalty shall be $100.
(4) If the owner, operator, manager or agent of a commercial, industrial, or public building fails to establish and maintain open fire lanes, the owner, operator, manager, or agent shall be in violation of § 93.040. The penalty shall be $50. Each day the violation is permitted to continue may be deemed to constitute a separate offense. If the violator fails to appear in response to the notice issued after 30 calendar days from the date and time shown on the notice, the penalty shall be $150.
(5) If a vehicle with or without a licensed driver is parked or obstructs a fire lane in violation of § 93.056, the penalty shall be $50. If the violator does not appear in response to a notice affixed to the vehicle within a period of 30 calendar days from the date and time shown on the notice, the penalty shall be $100.
(6) Any person, firm or corporation violating provisions of §§ 93.55 et seq., or who shall fail to comply with an order as affirmed or modified by the authority having jurisdiction, shall be subject to a fine of $50. Each day the violation is permitted to continue may be deemed to constitute a separate offense. The violation and penalty as described in §§ 93.55 et seq. shall not be subject to any other fine or penalty within this chapter.
(7) Any person who maintains burning of combustible materials out of doors or open burning not permitted in § 93.070 shall be in violation of § 93.070. The penalty shall be $50. If the violator does not appear in response to a notice issued to them or placed in a noticeable location at the place of residence, business, or burn site within a period of 30 calendar days from date and time shown on the notice, the penalty shall be $100.
(8) If the owner, operator, or representative fails to obtain a tire storage permit as required in § 93.080, the penalty shall be $50 for each violation cited. Each day the violation is permitted to continue may be deemed to constitute a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on the notice issued, the penalty shall be $200.
(9) If the owner, operator, or representative fails to obtain a temporary propane tank storage permit as required in § 93.090, the penalty shall be $50 for each violation cited. Each day the violation is permitted to continue may be deemed a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator or representative after 30 calendar days from the date and time shown on the notice issued, the penalty shall be $100.
(10) If the owner, operator, or representative fails to obtain a fireworks and pyrotechnics permit as required in § 93.100, the penalty shall be $100 for each violation cited. Each day the violation is permitted to continue may be deemed a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on the notice issued, the penalty shall be $200.
(Ord. 2005-04, passed 5-23-05)