[1]
For statutory provisions on air resources, see Health and Saf. Code § 39000 et seq.
Except as is provided in Section 8.16.020, it is unlawful for any person to 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. When any such unlawful burning occurs upon any premises, the person in charge or possession of the premises shall extinguish the fire; provided, that he has knowledge thereof and it is within his power and ability to extinguish the same.
(Prior code § 8-201)
A. 
The provisions of Section 8.16.010 shall not apply to the following:
1. 
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;
2. 
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;
3. 
Controlled fires for the purpose of training firefighters;
4. 
All fire-fed lighting and heating devices such as candles, water heaters and lanterns, provided they are not likely to cause air pollution or create fire hazards;
5. 
Burning in an incinerator which is approved under the rules and regulations of the Fresno County Air Pollution Control District after first obtaining a permit therefor from the public works department of the city.
B. 
The exceptions contained in this section shall not be construed to authorize or permit any act or condition which is prohibited by the Health and Safety Code of the state of California, Section 39000 et seq. relating to air pollution control districts or which is prohibited by the rules and regulations of the Fresno County Air Pollution Control District.
(Prior code § 8-202)