(A) No person shall set any grass fire in the village without first obtaining a permit from the Fire Chief.
(B) Permits:
(1) The Fire Chief may, in his sole discretion, issue a permit for a grass fire upon an application from a village resident or landowner, and in determining whether or not to issue the permit, the Fire Chief may, but is not required to, consider the scope of the planned burn, the availability of fire hydrants, ponds or other sources of water, the weather conditions, the number of persons the resident or landowner may have available to tend the fire, the reason why the resident or landowner wishes to set the fire and available alternatives thereto, the available manpower in the Fire Department at the time proposed for the fire, any other permits issued for the same time as proposed and any other factors which could lead to an unmanageable fire being set.
(2) In issuing such a permit, the Fire Chief may set the specific time and date upon which the fire may be maintained and any other conditions he may deem necessary or desirable to prevent the spread of such a fire and to ensure the public safety.
(3) Where a permit has been issued, the Fire Chief shall have the sole discretion to cancel such a permit without prior notice to the permitee if weather conditions, manpower or the like shall indicate the existence of altered conditions that may make the spread of the fire likely.
(C) Any person setting a grass fire with or without first having obtained a permit from the Fire Chief shall be liable for all costs incurred by the Fire Department in extinguishing any fire which becomes unmanageable or grows out of control.
(D) Any person setting a grass fire with or without first having obtained a permit from the Fire Chief shall be liable in a civil action to the owner of any property destroyed or damaged by such a fire.
(E) Nothing herein shall make the Fire Chief or the village liable to any person for a grass fire, whether set pursuant to a permit or not.
(F) Any person setting a grass fire without first obtaining a permit from the Fire Chief shall be punished as provided for in § 95.99.
(G) In the absence of the Fire Chief, the next ranking officer of the Fire Department or the specifically designated Acting Chief shall have all the powers of the Fire Chief described in this section.
(Ord. 2002-O-8, passed 3-5-02) Penalty, see § 95.99