Sec. 5. (a) As used in this section, "open burning" means burning under such conditions that the products of combustion are emitted directly into the surrounding air and are not conducted into the air through a stack, chimney, duct, or pipe. The term includes above ground or underground smoldering fires.
(b) A person who:
(1) throws from a vehicle matches, ashes, or burning material; or
(2) conducts open burning;
during the period of a proclamation commits a Class C misdemeanor.