(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. There is hereby added to this penalty the additional penalty of attorney’s fees incurred by the town if civil action through a court of competent jurisdiction is required in order to enforce the provisions of this chapter.
(B) Any person found in violation of §§ 94.24 through 94.28 shall be subject to the following procedures.
(1) The Town Police Department personnel shall issue a written warning notice to first-time violators, informing the violator that he or she is in violation of §§ 94.24 through 94.28, only after inspection and verification that the violation (nuisance) exists to the extent that the responding officer believes that the burning material is a nuisance. The person must then and there correct the violation by immediately extinguishing the fire. Failure or refusal to immediately extinguish the fire shall result in a citation then being issued in lieu of the written warning. In addition, for evidentiary purposes, digital photographic evidence shall be taken of each alleged violation, for evidentiary purposes, regardless of whether a notice of violation or a citation is issued pursuant to the provisions of §§ 94.24 through 94.28.
(2) Issuance of a citation to the violator shall result in an imposition of a fine of not less than $50 nor more than $250 administered by the Ordinance Violation Bureau through the Clerk-Treasurer of the town.
(3) Failure or refusal by the violator to immediately extinguish the fire in violation of §§ 94.24 through 94.28 shall also result in the Fire Department having the authority to go upon private property to extinguish the fire. Furthermore, in those instances where the burning of leaves or rubbish results in damage to property other than the violator’s, including damage to public property (i.e., asphalt) or results in injury to another person, the imminent threat or damage to other party’s property including public property that the fire is determined to be caused by negligence or the willful disregard or violation of §§ 94.24 through 94.28, a fine of the cost expended by Vernon Township to send fire suppression personnel or equipment to the location shall be assessed, with the fine not to exceed $2,500.
(4) Each subsequent starting, kindling, causing or allowing of a new fire after notice of violation has been issued shall be considered a separate offense.
(Ord. 121206C, passed 12-12-2006; Ord. 111307E, passed 12-11-2007; Ord. 111009, passed 11-10-2009)