2015-0341
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B
ORDINANCE NO. ___________
Title
An ordinance to amend the Code of Ordinances for St. Charles Parish, Chapter 11 Health & Sanitation, Article III. Open Outdoor Burning, Section 11-29. Exceptions to prohibition against outdoor burning. (b) to provide specific restrictions for campfires, bonfires, and other fires and to amend Section 11-30. Violations and penalties. (b) to increase the fine for violations and penalties.
Body
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Chapter 11 Health & Sanitation, Article III. Open Outdoor Burning, Section 11-29. Exceptions to prohibition against outdoor burning. (b) is hereby amended as follows:
AS WRITTEN:
(b) Campfires and fires used solely for recreational purposes or for ceremonial occasions.
AS REVISED:
(b) Fires used solely for recreational, traditional, ritualistic, formal, or special event purposes provided:
(1) Bonfires are allowed on private property with the owner’s permission and provided it is not less than one hundred fifty (150) feet from any structure on adjacent properties unless written permission from adjacent property owners located within this distance is provided authorizing a lesser distance. There shall be no setback restriction to structures located on the property upon which the fire is located.
(2) Bonfires shall not be located less than fifty (50) feet from any adjacent property line of property having a structure(s) unless written permission is provided by all adjacent property owners whose property line is within this distance.
(3) The bonfire burning is controlled such that a traffic hazard is not created.
(4) The prevailing wind at the time of burning is such that smoke will not be carried in such a manner that it will affect the peaceful use and enjoyment of nearby properties and buildings.
(5) The bonfire shall in no way endanger the property of another.
(6) Fuel for bonfires shall not be in excess of ten (10) feet in height and have a base measured across in any direction in excess of fifteen (15) feet unless written permission is granted otherwise by all adjacent property owners.
(7) The bonfire is constantly attended by at least one (1) person at least twenty-one (21) years of age until the fire is completely extinguished and no embers remain. The bonfire shall be completely extinguished within 24 hours after being lit.
(8) The use of hydrocarbon fuels, other than diesel to assist in igniting the fire, is strictly prohibited.
(9) The Sheriff’s Office shall be responsible for ensuring compliance with the provisions of this section.
(10) That this section shall not apply to campfires or other fires less than five (5) feet in height used solely for recreational, traditional, ritualistic, formal, or special event purposes or small fires, contained in barbecue pits, self-contained metal items, ceramic fire pits such as chimneys and/or chimineas, or other containment items or structures which contain the small fires, except that the fuel area of small uncontained fires and fire used in association with the disposal of branches and limbs as part of residential property maintenance must be less than five (5) feet in height and shall not have a base measured across in any direction in excess of seven (7) feet nor shall small uncontained fires be located less than twenty-five (25) feet from any adjacent property line of property having a structure(s) unless written permission is granted otherwise by the affected property.
SECTION II. That the Code of Ordinances, Chapter 11 Health & Sanitation, Article III. Open Outdoor Burning, Section 11-30. Violations and penalties. (b) is hereby amended as follows:
AS WRITTEN:
(b) Any person who violates any provision of this article is guilty of a misdemeanor and shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
AS REVISED:
(b) Any person who violates any provision of this article is guilty of a misdemeanor and shall be punishable by a fine of not less than one-hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this _____ day of ___________, 2016. The provisions of this Ordinance shall become effective December 23, 2016.
2015-0341 Amend Code Sec 11-29and11-30 BURNING RESTRICTIONS (12-12-16) 2nd revised version for signature (I_11-28-16)
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________