Title 10 V.S.A.

CHAPTER 83.  DEPARTMENT OF FORESTS, PARKS & RECREATION, SUBCHAPTER 7

 

UNIFORM FIRE PREVENTION TICKET


§2671 JURISDICTION

The district court shall have exclusive jurisdiction over uniform fire prevention tickets issued under this subchapter.

§2672 COMPLAINT OR INFORMATION AND SUMMONS

(a) In any case involving a violation of subsection 2645(a) or 2648(a) of this title, the complaint or information and summons shall be in the form known as the Uniform Fire Prevention Ticket. The court administrator shall prepare the form for the uniform fire prevention ticket. The court administrator shall be responsible for all uniform fire prevention tickets issued to fire wardens, and shall prepare or cause to be prepared records and reports relating to uniform fire prevention tickets. Any fire warden may void any uniform fire prevention ticket by so marking the ticket and returning it to the court administrator. A prosecuting attorney may issue, amend or dismiss a fire prevention complaint.

(b) The uniform fire prevention ticket shall consist of four parts:

    1. the complaint or information, which shall include spaces for the signatures of the fire warden or other issuing officer, prosecuting attorney and judge or clerk;
    2. the fire warden's or issuing officer's record, which shall be a copy of the complaint or information;
    3. the prosecutor's record, which shall be a copy of the complaint or information; and
    4. the summons, which shall include a copy of the complaint or information, a waiver, and an explanation of rights.

(c) The reverse sides of the sheets shall be as set out in the form, with additions or deletions as are necessary to adapt the uniform fire prevention complaint to the court involved.

(d) The ticket shall contain the following two paragraphs which shall be prominently printed in boldfaced type:

    1. Failure to comply with the instructions on this ticket will result in a fine of up to $25.00 for each day of noncompliance.
    2. If you admit you have committed a fire prevention offense or are judged to have committed the offense, you may be subject to a fine of up to $25.00 for each day of noncompliance.

(e) The uniform fire prevention ticket form shall be used in all cases involving violations of subsection 2645(a) of this title, whether the case is prosecuted or the complaint issued by a fire warden or by any other person, or upon information or complaint issued by the state's attorney or other prosecuting officer.

§2673. PROCEDURE ON FAILURE TO APPEAR; NOTICE; RULES

If a defendant fails to appear or answer a fire prevention ticket or summons served upon the defendant and upon which a complaint has been filed, the court shall mail a notice to the defendant at the address stated in the complaint notifying the defendant that failure to appear will result in a fine. The notice shall be in the form prescribed by the court administrator, and a copy of the notice shall be sent to the town fire warden together with a copy of the complaint.

§2674. ANSWER TO UNIFORM FIRE PREVENTION TICKET

(a) A person who is charged with committing a fire prevention offense may waive appearance and trial and plead guilty or nolo contendere or not guilty by a signed statement. The person shall submit a fine in an amount as established by the court with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.

(b) Fines shall be paid to, receipted by and accounted for by the clerk as required by court rules. Any fire warden or issuing officer who issues a complaint shall advise the defendant of the fines.

(c) If a defendant fails to answer or appear as directed on the fire prevention ticket or by the district court judge, or fails to pay the fine imposed after judgement, the court may issue an appropriate order.

§2675. PENALTIES

A person who commits a violation under subsection 2645(a) or 2648(a) of this title shall be subject to a fine or not more than $25.00 per violation. In the case of a violation which continues after the issuance of a fire prevention complaint, each day's continuance may be deemed a separate violation.

§2676. SUPREME COURT RULES

The supreme court is empowered to prescribe and amend rules governing this subchapter in accordance with section 1 of Title 12.


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