38-118. DUTY OF RAILROADS — PENALTIES. 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.
History:
[38-118, added 1972, ch. 401, sec. 2, p. 1164.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Chapter 1 - IDAHO FORESTRY ACT
Section 38-102 - DUTIES OF DIRECTOR OF DEPARTMENT OF LANDS.
Section 38-104 - COOPERATION WITH OTHER AGENCIES — RESTRICTIONS.
Section 38-104A - NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY.
Section 38-104B - NONPROFIT RANGELAND FIRE PROTECTION ASSOCIATIONS.
Section 38-105 - STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS.
Section 38-106 - HEARING OF AGGRIEVED LANDOWNER.
Section 38-107 - UNCONTROLLED FIRES A NUISANCE — ABATEMENT — CIVIL LIABILITY.
Section 38-108 - PROTECTION BY WOODWORKING AND WOOD PRODUCT PLANTS.
Section 38-109 - PENALTY FOR VIOLATION — INJUNCTION — SUSPENSION OF RESTRICTIONS.
Section 38-110 - FOREST PROTECTIVE DISTRICTS — FIRE WARDENS.
Section 38-111 - PROTECTION BY OWNER — ASSESSMENTS — BUDGET OF PROTECTIVE DISTRICTS.
Section 38-112 - CHARGES A LIEN — METHOD OF COLLECTION.
Section 38-113 - PURCHASER OF FOREST PRODUCTS RESPONSIBLE FOR PROTECTION — LIENS.
Section 38-114 - STATE TO PAY PRO RATA FOR FIRE PROTECTION — DEFICIENCY WARRANTS.
Section 38-116 - CAMPFIRES — ACTS PROHIBITED — PENALTY.
Section 38-117 - THROWING AWAY LIGHTED MATERIAL — PENALTY.
Section 38-118 - DUTY OF RAILROADS — PENALTIES.
Section 38-119 - NOTIFICATION OF FIRES BY RAILROAD EMPLOYEES — PENALTY.
Section 38-120 - INSTRUCTION TO EMPLOYEES OF RAILROADS.
Section 38-121 - OPERATION OF ENGINES WITHOUT ADEQUATE PROTECTION — PENALTY — INJUNCTION.
Section 38-124 - PRECAUTIONS IN DISPOSAL OF SLASH — SEPARATE OFFENSES — PENALTY.
Section 38-126 - INTERFERENCE WITH PROTECTIVE AGENCIES — PENALTY.
Section 38-127 - DESTRUCTION OF SIGNS AND WARNINGS — PENALTIES.
Section 38-128 - DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL.
Section 38-129 - FOREST PROTECTION FUND — CUSTODY, SOURCES AND APPROPRIATION — DISBURSEMENT.
Section 38-130 - DISPOSITION OF FINES.
Section 38-131 - DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION.
Section 38-131A - DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS.
Section 38-132 - REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION.
Section 38-133 - OFFICERS CHARGED WITH ENFORCEMENT.
Section 38-134 - FOREST PRACTICES ACT ADMINISTRATION — FUNDING.