Statutory Provisions Extinguish Unattended Fires

Criminal offenses - leaving campfire unattended - failing to reasonably attend fire on state parks and wildlife property - penalties. The act states that any person who starts or maintains a campfire commits the offense of leaving a campfire unattended if he or she knowingly or recklessly:

• Fails to reasonably attend the campfire at all times; or
• Fails to thoroughly extinguish the campfire before leaving the site.

A person who commits the offense of leaving a campfire unattended commits a class 2 petty offense and, upon conviction of the offense, is punished by a fine of $50.

Under the act, a person who commits the offense of leaving a campfire unattended where the campfire is located in a forested or grassland area commits a class 3 misdemeanor and, upon conviction of the offense, is punished by a minimum sentence of a $50 fine up to a maximum sentence of 6 months imprisonment or a $750 fine, or both.

The act also deletes existing statutory provisions requiring a county to post notices concerning unattended campfires.

With respect to a fire on any property under the control of the division of parks and wildlife, the act also makes it unlawful for any person to start or maintain a fire if he or she knowingly or recklessly fails to reasonably attend the fire at all times or fails to thoroughly extinguish the fire before leaving the site. Any person who violates this section of the act is guilty of a class 3 misdemeanor and, upon conviction thereof, is punished by a minimum sentence of a $50 fine up to a maximum sentence of 6 months imprisonment or a $750 fine, or both.

(Note: This summary applies to this bill as enacted.)