Idaho State Statutes - Idaho Attorney Directory

During the closed season everyone
operating a common carrier railroad shall keep all right of way, station
grounds and other operating property in, contiguous or adjacent to forest or
range lands clear and free from all combustible and flammable material, matter
or substances, except freight, express and mail supplies, structures,
equipment and material necessary, usual or convenient for the construction,
maintenance and/or operation of such railroad.
During the said closed season, no person operating or maintaining such a
railroad shall permit any of his or its employees to leave a deposit of fire,
live coals or hot ashes in the immediate vicinity of forest or range lands or
of other lands liable to be overrun by fire.
All clearing by burning under the provisions of the section shall be in
accordance with the provisions of this act applicable to the season during
which said burning is done.
Refusal or neglect to comply with the provisions of this section shall be
deemed a petty misdemeanor for each offense; provided, that the director of
the department of lands, with the consent of the board, may suspend the
restrictions of this section when and where he deems safety so permits. It is
further provided, that in the absence of such suspension, and in case of
refusal or neglect by the person at fault, after proper notice, to take the
precautions against fire required by public safety and the provisions of this
act, the director of the department of lands, or district fire warden, acting
with his consent, may have the work done to the extent that he deems requisite
to public safety, and the costs thereof and the expense of any fire patrol
rendered necessary by the offender's neglect, plus a penalty of ten per cent
(10%) shall be recoverable from the offender by civil action, prosecuted in
the name of the state of Idaho. Any recovery shall be paid to the state
treasurer for deposit in the forest protection fund.

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