(A) Any person found in violation of § 96.01 shall be subject to the following procedures:
(1) The Police Department personnel shall issue 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. Failure or refusal to immediately extinguish the fire shall result in a citation then being issued.
(2) Issuance of a citation to the violator shall result in an imposition of a $50 fine.
(3) Failure or refusal by the violator to immediately extinguish the fire in violation of § 96.01 shall also result in the Fire Department having the authority to go upon private property to extinguish the fire. Furthermore, in such instances where a leaf or rubbish fire results in damage of property other than the violator’s, including damage to public property (e.g., asphalt), or results in injury to another person, the imminent threat or damage to another party’s property including public property, that said fire is determined to be caused by negligence or the willful disregard or violation of § 96.01, a fine of the cost expended by the Town of Winamac to send fire suppression personnel or equipment to the location shall be assessed with the fine not to exceed $2,500.
(4) Each subsequent starting, kindling, causing or allowing of a new fire after notice of violation has been issued shall be considered a separate offense.
(Ord. 7 of 2009, passed 7-13-2009)