A. The burning of trash, garbage, refuse, paper, leaves, straw or other material within the city limits by any person is prohibited. Each person shall put the trash or refuse in a container whereby same will not be subject to the elements such as wind and rain. This section shall not prohibit burning material in a duly licensed, approved incinerator operated in accordance with ordinances of the city and applicable state regulations. Nothing herein shall prohibit the fire chief or his designee to issue special permits for burning under certain conditions.
B. In any prosecution charging a violation of this section proof that a burning occurred in violation of this section together with proof that the defendant named in the complaint was at the time of such violation the legal owner of the property upon which the burning occurred, or the tenant or occupant of such property shall constitute in evidence a prima facie presumption that that was the person who caused or permitted the prohibited burning. (1986 Code)