5-3-2: BURNING DURING BURN BANS:
   A.   Prohibitions: It is unlawful for any person to set fire to any forest, grass, range, crop, or other wild lands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop or other wild lands fire within the Town, where, because of emergency drought conditions, there is a gubernatorial proclaimed extraordinary danger from fire, unless the setting of any backfire during the drought emergency is necessary to afford protection as determined by a representative of the Division of Forestry, or unless it can be established that the setting of the backfire was necessary for the purpose of saving lives or property. The burden of proving the necessity shall rest on the person claiming a defense.
   B.   State And County Proclamations:
      1.   Any proclamation promulgated by the Governor shall be effective immediately upon the Governor's signed approval of the emergency proclamation and shall supersede any resolution passed by the Town Board.
      2.   Any burn ban promulgated by the County Commissioners shall be effective immediately upon the signed approval of the burn ban and shall supersede any resolution passed by the Town Board. (Ord. 323, 4-11-2016; amd. 2017 Code)