(A) It is unlawful for any person to set fire to any forest, grass, woods, wild lands or marshes, or to build a campfire or bonfire, or to burn trash or any other material that may cause a forest, grass, structure, or woods fire in the town, when:
(1) There has been a burn ban enacted by the Board of County Commissioners; or
(2) A proclamation has been issued by the Governor of the state or the Mayor of the town of an extraordinary danger from fire in the county, unless the setting of any backfire is necessary to afford protection from the fire, or to save life or property.
(B) The burden of proving need for setting fires is on the person claiming the same as a defense.
(Prior Code, Ch. 8, Art. 1, § 5) Penalty, see § 94.99