26.20.010 Setting Fires; Unlawful Use of Fire

It shall be unlawful for any person within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians to:

(a) Willfully and without authority set fire to, cause to be set fire to, kindle, suffer or maintain a fire that burns any forest, timber, brush or grassland upon any trust land not under their control. Such person shall be guilty of a Class 3 offense and shall be responsible for restitution covering any and all damages, property loss and/or loss of life incurred during such fire. Each person shall also be responsible for reimbursing the appropriate fire authorities for any and all costs associated with fighting such fire; or,

(b) Set fire to, cause to be set fire to, kindle, suffer, or maintain a fire on any forest, timber, brush or grassland, upon any trust land or home site on trust land which the person owns, leases, or controls; leaves said fire without controlling the same; or permits, suffers, or allows said fire to burn or spread beyond their control, or leaves said fire to burn unattended. Such person shall be guilty of a Class 2 offense and shall also be responsible for reimbursing the appropriate fire authorities for any and all costs associated with fighting such fire; or,

(c) Accidently or carelessly set a fire or cause a fire on any land not owned or controlled by them and allow it to spread and escape from control without extinguishing it, or making every reasonable effort to do so, shall be guilty of a Class 2 offense and shall also be responsible for reimbursing the appropriate fire authorities for any and all costs associated with fighting such fire; or,

(d) Having knowledge of an uncontrolled fire burning that started on the person's own land, home site, or land of which the person is in possession or control of; fails or neglects to make every reasonable effort to either contain, control and extinguish or to promptly report the same; regardless of whether or not the person is responsible for the starting or existence thereof; shall be found guilty of a Class 2 offense. Failure to control or promptly report a fire of which he or she had knowledge of on the person's own land, home site or land of which the person is in possession or control; thereby allowing the fire to become dangerous or burn onto adjoining property; shall be prima facie evidence of unlawful use of fire.