§ 34.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   (1)   Any person violating § 34.04 shall be subject to the penalties set forth in the Fee Schedule, Chapter 98.
      (2)   Any person issued a citation for violating any provision of § 34.04 shall make payment through the Clerk-Treasurer. Failure to make payment within 30 days of the issuance of a citation for violation of any provision of § 34.04 shall result in the assessment of a late fee as set forth in the Fee Schedule, Chapter 98.
      (3)   In instances where using, igniting, or discharging consumer fireworks results in a fire, and damage is determined to be caused by negligence or the willful disregard or violation of any of the provisions of § 34.04, a fine equal to the cost expended by the town to send fire suppression personnel and equipment to the location shall be assessed, with the fine as set forth in the Fee Schedule, Chapter 98.
      (4)   A citation for a violation of § 34.04 shall be issued to the responsible party. A RESPONSIBLE PARTY is defined as the person shown to have exclusive possession of the property (a present possessory interest). If no responsible party is present upon the premises, the responsible party is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. In this instance, copies of the citation must be mailed to the property owner as determined from the Assessor’s records.
(Ord. 1226, passed 6-22-2010)