No person shall cause, allow, aid, suffer or maintain any open burning of any kind or the burning of any waste materials or rubbish in any incinerator, barrel, can, pit, fireplace or similar container or enclosure. No person in charge or possession of any premises upon which such burning occurs, or any premises immediately adjacent to any public place upon which such burning occurs, shall fail to extinguish the fire, providing he has knowledge of the fire and it is within his power to extinguish it.
EXCEPTIONS: This Section shall not apply to the following:
(A) An indoor or outdoor barbecue or similar heating or cooking device while being used for the heating or cooking of food for human consumption and not being used primarily for the burning of waste materials or rubbish.
(B) A pathological-type incinerator or furnace used by a hospital, veterinary hospital, crematorium or similar establishment for the incinerator of body parts, bandages or related refuse.
(C) Comfort heating by use of a fireplace inside of a residence that is not being used primarily for the burning of waste materials or rubbish.
(D) The personal use of cigarettes, cigars, or pipes.
(E) The using of matches for the lighting of authorized fire or fire fed devices.
(F) The use of authorized lighting and heating devices such as candles, water heaters and lanterns provided they are not likely to cause air pollution or create fire hazards.
(G) Controlled fires for the purpose of training firefighters.
(H) When the material to be burned originates as the result of an agricultural operation and originates on and is being burned on premises constituting a separate parcel of land under one ownership of a gross size of five (5) acres or more. Before any such burning shall take place a permit must be obtained from the Selma Fire Chief specifying the time when said burning will be permitted.
(I) No exceptions from this Section shall authorize or permit any act or condition which is prohibited by the California Health and Safety Code Sections 24198 through 24323 (relating to Air Pollution Control Districts) or the rules or regulations of any Air Pollution Control District established pursuant thereto. (Ord. 670; 3-16-70; Eff. 4-16-70)