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<br />CASS COUNTY <br />COMMISSION POLICY MANUAL <br /> <br />38.--- <br /> <br />SUBJECT: ORDINANCE #2005-_ (TEMPORARY OPEN BURNING BAN) <br /> <br />ADOPTED DATE: <br /> <br />Page 3 of 4 <br /> <br />3.3 Duration. Any open burning ban imposed under this Ordinance shall remain in <br />effect for no longer than thirty (30) days. The Sheriff of Cass County may extend <br />or rescind the open burning ban if necessary and after consultation with local fire <br />officials from various sections of Cass County and two members of the Cass <br />County Commission, with one of the two members being either the Chairman, <br />Vice Chairman, or the portfolio commissioner for the Sheriff's Department. <br /> <br />Section 4 <br /> <br />ENFORCEMENT <br /> <br />4.1 The primary enforcement of this Ordinance shall be the responsibility of the <br />Sheriff's Department of Cass County. <br /> <br />Section 5 <br /> <br />PENAL TIES <br /> <br />5.1 Violation of Ordinance. In addition to any other civil or criminal penalty provided <br />by law, any person who shall willfully violate or assist in the violation of an open <br />burning ban imposed under this Ordinance shall be punished as follows: <br /> <br />A. First offense shall be an infraction with a fine of Fifty Dollars <br />($50.00). <br /> <br />B. Second offense within one year shall be an infraction with a fine of <br />Two Hundred and Fifty Dollars ($250.00). <br /> <br />C. Third or subsequent offenses within one year shall be an infraction <br />with a fine of Five Hundred Dollars ($500.00). <br /> <br />5.2 Each violation of an open burning ban imposed under this Ordinance shall be <br />considered a separate offense for each day or part of a day during which the <br />violation is committed, continued, or permitted, and subject to a fine. <br />