Chap. 189.—An ACT to amend and re-enact Section 545 of the Code of Virginia, as
heretofore amended, regulating the burning of, and prohibiting during certain
periods and under certain conditions setting fire to or procuring another to set
fire to, woods, brush, logs, leaves, grass, debris, and other inflammable material,
and providing penalties for violations of the section. [S B 61]

Approved March 13, 1940

1. Be it enacted by the General Assembly of Virginia, That sec-
tion five hundred and forty-five of the Code of Virginia, as heretofore
amended, be amended and re-enacted, so as to read as follows:

Section 545. Regulating the Burning of Woods, Brush, Et
Cetera; Penalties.—(a) It shall be unlawful for any owner or lessee of
land to set fire to, or to procure another to set fire to, any woods,
brush, logs, leaves, grass, debris, or other inflammable material upon
such land unless he previously shall have taken all reasonable care and
precaution, by having cut and piled the same or carefully cleared
around the same, to prevent the spread of such fire to land other than
those owned or leased by him. It shall also be unlawful for any em-
ployee of any such owner or lessee of land to set fire to or to procure
another to set fire to any woods, brush, logs, leaves, grass, debris, or
other inflammable material, upon such land unless he shall have taken
similar precautions to prevent the spread of such fire to any other land.

(b) During the period beginning March first and ending May
fifteenth of each year, even though the precautions required by the
foregoing paragraph shall have been taken, it shall be unlawful, in any
county or portion thereof organized for forest fire control under the
direction of the State Forester, for any person to set fire to, or to pro-
cure another to set fire to, any brush, leaves, grass, debris or field con-
taining dry grass or other inflammable material capable of spreading
fire, located in or within three hundred feet of any woodland or brush-
land, except between the hours of four o’clock post meridian and twelve
o’clock midnight.

(c) The provisions of subsection (b) of this section shall not apply
to fires which may be set within the corporate limits of any town or
city in the State, nor to fires set on rights of way of railroad companies
by their duly authorized employees.

(d) Any person violating any provisions of this section shall,
upon conviction, be fined not less than ten or more than one hundred
dollars for each separate offense. If any forest fire shall originate as a
result of the violation by any person of any provision of this section,
such person shall, in addition to the above penalty, be liable to the
State and to each county for the full amount of all expenses incurred
by the State and the county respectively in suppressing such fire,
such amounts to be recoverable by action brought by the State
Forester in the name of the Commonwealth on behalf of the Common-
wealth and by the board of supervisors on behalf of the county.

Section (b) of this act shall not become effective in any county of
the Commonwealth unless and until the same shall have been approved
by a majority vote of the board of supervisors or other governing
body of said county.