§ 95.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   A violation of § 95.01 constitutes an infraction which may be punishable by a fine in an amount that shall be set by the Town Council from time to time for the first occurrence and in another such amount for a second occurrence within five years of the first occurrence of violation.

   (C)   Any person found in violation of § 95.15 through 95.19 shall be subject to the following procedures.

      (1)   The Town Marshal or his or her designated agents 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 immediately by extinguishing the fire. Failure or refusal to immediately extinguish the fire shall result in a citation being issued.

      (2)   Upon conviction of the citation, the violator shall be fined not less than $25 for the first offense, $75 for the second offense, $125 for the third offense and $200 for the fourth offense; these amounts are subject to change and shall be set by the Town Council from time to time. The violator shall pay all attorneys’ fees, experts’ fees and court costs incurred by the town in enforcing this penalty.

      (3)   Failure or refusal by the violator to immediately extinguish the fire in violation of §§ 95.15 through 95.19 shall also result in the Fire Department having the authority to go upon private property to extinguish said fire.

      (4)   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.

      (5)   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 §§ 95.15 through 95.19 on the basis that said fire was set by vandals, accidental or act of God.

(Ord. 2011-4, passed 1-12-2012; Ord. 2014-4, passed 7-24-2014)