§ 93.99 PENALTY.

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

   (B)   Violation of § 93.01 of this chapter shall be deemed a Class A infraction and shall result in a penalty of $500; and, each day said violation exists shall be deemed a separate penalty. Any action required to obey a violation of § 93.01 of this chapter will result in the violator reimbursing the town for all costs of enforcing § 93.01 of this chapter, including, but not limited to, reasonable attorney’s fees.

   (C)   (1)   Any person violating the provisions of § 93.02 of this chapter commits a Class A infraction and shall, upon conviction thereof, be fined in an amount not to exceed $100, plus any and all attorney’s fees and costs of collection. All fines shall be payable upon conviction of same for each day that any violation of § 93.02 of this chapter should continue.

      (2)   Section 93.02 of this chapter may be enforced by the Town Marshal, Town Attorney, County Prosecutor or any deputy or appointee thereof.

      (3)   In addition to the fines imposed as an infraction hereunder, any person deemed violating § 93.02 of this chapter shall be responsible for all attorney’s fees and other costs incurred by the town in the enforcement and prosecution of § 93.02 of this chapter.

(2013 Code, Title V, Ch. 18, § 2)

   (D)   Any person violating the provisions of § 93.03 of this chapter commits a Class A infraction and shall, upon conviction thereof, be fined in an amount not to exceed $100, plus any and all attorney’s fees and costs of collection.

(2013 Code, Title V, Ch. 17, § 2)

   (E)   (1)   Any person found in violation of §§ 93.15 through 93.19 of this chapter shall be subject to the following procedures.

         (a)   The town’s Fire and Police Departments 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 by immediately extinguishing the fire. Any person violating the provisions of §§ 93.15 through 93.19 of this chapter by failure or refusal to immediately extinguish the fire commits a Class A infraction and shall, upon conviction thereof, be fined in an amount not to exceed $100, plus any and all attorney’s fees and costs of collection.

         (b)   Failure or refusal by the violator to immediately extinguish the fire in violation of §§ 93.15 through 93.19 of this chapter shall also result in the Fire Department having the authority to go upon private property to extinguish said fire.

         (c)   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.

         (d)   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 §§ 93.15 through 93.19 of this chapter on the basis that said fire was set by vandals, accidental or act of God.

(2013 Code, Title V, Ch. 10, § 7)

      (2)   The open burning provisions are enforceable by the duly appointed Fire Chief or law enforcement officers within the town acting on his or her own initiative or at the request of the Town Council.

(2013 Code, Title V, Ch. 10, § 8)

(Ord. III-G-1-a, passed 10-26-1992; Ord. 2006-26-6-A, passed 6-26-2006; Ord. 2006-12-11-A, passed 12-11-2006; Ord. 2012-3-26-A, passed 3-23-2012; Ord. 2016-10-10(A), passed 10-10-2016)