2001-0230
INTRODUCED BY: LANCE MARINO, COUNCILMAN, DISTRICT VI
ORDINANCE NO.
Title
An ordinance of the Parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles, be amended by revising Section 17-7 of said Code; providing for enforcement of restrictions in the Bonnet Carré Spillway.
Body
WHEREAS, St. Charles Parish has determined that the best interests of the citizens of the Parish would be served by the continued regulation of activities in the Bonnet Carré Spillway; and,
WHEREAS, such regulations are necessary to promote good order, peace, public health, safety and comfort of the citizens of the Parish; and,
WHEREAS, the St. Charles Parish Council has determined that such regulations are required and in the due and proper exercise of the police power vested in the Parish government;
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS;
SECTION I That Section 17-7 of the Code of Ordinances, Parish of St. Charles, be amended so that such section shall read as follows:
(b) Prohibited
Add:
(4) Vehicles. This section pertains to all vehicles, including, but not limited to, automobiles, trucks, motorcycles, mini-bikes, snowmobiles, dune buggies, all-terrain vehicles, trailers, campers, bicycles, or any other such equipment.
a. Vehicles shall not be parked in violation of posted restrictions and regulations, or in such a manner as to obstruct or impede normal or emergency traffic movement or the parking of other vehicles, create a safety hazard, or endanger any person, property or environmental feature. Vehicles so parked are subject to removal and impoundment at the owner's expense.
b. The operation and/or parking of a vehicle off authorized roadways is prohibited except at the U.S. Army Corps of Engineers (Corps) designated ATV and 4 wheel drive areas. Taking any vehicle through, around or beyond a restrictive sign, recognizable barricade, fence, or traffic control barrier is prohibited.
c. Vehicles shall be operated in accordance with posted restrictions and regulations.
i. Users of the Corps designated ATV areas are required to wear DOT approved helmets.
d. No person shall operate any vehicle in a careless, negligent or reckless manner so as to endanger any person, property or environmental feature; nor shall any parent, guardian or responsible adult allow the operation of any vehicle under their control in such a manner.
e. At designated recreation areas, vehicles shall be used only to enter or leave the area or individual sites or facilities.
f. No person shall operate any motorized vehicle without a proper and effective exhaust muffler as defined by state and local laws, or with an exhaust muffler cutout open, or in any other manner, which renders the exhaust muffler ineffective in muffling the sound of engine exhaust.
g. Vehicles shall be operated in accordance with applicable federal, state and local laws.
(5) Vessels. This section pertains to all vessels or watercraft, including, but not limited to, powerboats, cruisers, houseboats, sailboats, rowboats, canoes, kayaks, personal watercraft, and any other such equipment capable of navigation on water, whether in motion or at rest.
a. Vessels or other watercraft may be operated on the spillway waters, except in prohibited or restricted areas, in accordance with posted regulations and restrictions, including buoys. All vessels or watercraft so required by applicable federal, state and local laws shall display an appropriate registration on board whenever the vessel is on spillway waters.
b. No person shall operate any vessel or other watercraft in a careless, negligent, or reckless manner so as to endanger any person, property, or environmental feature; nor shall any parent, guardian or responsible adult allow the operation of any vessel under their control in such a manner.
c. All vessels shall have safety equipment, including personal flotation devices, on board in compliance with U.S. Coast Guard boating safety requirements and in compliance with Louisiana boating safety laws. Owners or operators of vessels not in compliance with this section may be requested to remove the vessel immediately from spillway waters until such time as items of non-compliance are corrected.
d. Water skiing is permitted in non-restricted areas except that it may not be done in a careless, negligent, or reckless manner so as to endanger any person, property or environmental feature. Parasails, ski-kites and similar devices are not permitted.
e. All vessels when not in actual use shall be removed from spillway lands and waters unless securely moored or stored at areas designated by the Corps.
f. No person shall operate any vessel or watercraft without a proper and effective exhaust muffler as defined by state and local laws, or with an exhaust muffler cutout open, or in any other manner, which renders the exhaust muffler ineffective in muffling the sound of engine exhaust.
(6) Aircraft. This section pertains to all aircraft including, but not limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered flight devices or any other such equipment.
a. The operation of aircraft on spillway lands and water is prohibited. This provision shall not be applicable to aircraft engaged on official business of federal, state or local governments or law enforcement agencies, aircraft used in emergency rescue or aircraft forced to land due to circumstances beyond the control of the operator.
b. Nothing in this section bestows authority to deviate from rules and regulations or prescribed standards of the appropriate State Aeronautical Agency, or the Federal Aviation Administration, including, but not limited to, regulations and standards concerning pilot certifications or ratings, and airspace requirements.
c. Except in extreme emergencies threatening human life or serious property loss, the air delivery or retrieval of any person, material or equipment by parachute, balloon, helicopter or other means onto or from spillway lands or waters without written permission of the Corps is prohibited.
(7) Swimming.
a. Swimming, wading, snorkeling or scuba diving is prohibited at launching sites, designated mooring points and public docks, or other areas so designated by the Corps.
b. An international diver down or inland diving flag must be displayed during underwater activities.
c. Diving or jumping from bridges or other structures that cross or are adjacent to spillway waters is prohibited.
(8) Camping.
a. Camping is permitted only at the St. Charles Parish Recreation Area located along Highway 61 and where designated by special permit issued by the Corps.
b. Camping at one or more campsites for more than 14 days during any 30-consecutive-day period is prohibited.
c. The placement of camping equipment or other items on a campsite and/or personal appearance at a campsite without a daily occupancy for the purpose of reserving that campsite for future occupancy is prohibited.
d. The digging or leveling of any ground or the construction of any structure is prohibited.
(9) Sanitation.
a. The improper disposal or discharge of garbage, trash, rubbish, litter, gray water, sewage, pollutants or any other waste material, waste liquid, including human and animal waste in spillway lands or waters is prohibited.
b. It is a violation to bring onto the spillway any household or commercial garbage, trash, rubbish, debris, dead animals or litter of any kind for disposal or dumping. For the purposes of this section, the owner of any garbage, trash, rubbish, debris, dead animals or litter of any kind shall be presumed to be responsible for proper disposal. Such presumption will be sufficient to issue a citation for violation.
c. The spilling, pumping, discharge or disposal of contaminants, pollutants or other wastes, including, but not limited to, human or animal waste, petroleum, industrial and commercial products and by-products, on spillway lands or waters is prohibited.
d. Campers, picnickers, and all other persons using the spillway shall keep their sites free of trash and litter during the period of occupancy and shall remove all personal equipment and clean their sites upon departure.
(10) Fires.
a. Gasoline and other fuels, except those which are contained in storage tanks of vehicles, vessels, camping equipment, or hand portable containers designed for such purpose, shall not be carried onto or stored on the spillway.
b. Fires of any kind are not permitted in the spillway except for campfires in the St. Charles Parish Recreation Area. Campfires within the recreation area shall be contained in fireplaces, grills or other facilities designated for this purpose. Campfires shall not be left unattended and must be completely extinguished prior to departure. The burning of materials that produce toxic fumes, including, but not limited to, wire, tires, plastic, floatation materials and/or treated wood products is prohibited.
c. Improper disposal of lighted smoking materials, matches or other burning material is prohibited.
(11) Control of animals.
a. No person shall bring or allow dogs, cats, or other pets in their custody or control into developed recreation areas or adjacent waters unless penned, caged, on a leash under six feet in length, or otherwise physically restrained. No person shall allow animals to impede or restrict otherwise full and free use of spillway lands and waters by the public. No person shall allow animals to bark or emit other noise, which unreasonably disturbs other people. Animals and pets, except properly trained animals assisting those with disabilities (such as seeing-eye dogs), are prohibited in sanitary facilities, playgrounds and swimming beaches. Abandonment of any animal on spillway lands or waters is prohibited. Unclaimed or unattended animals are subject to immediate impoundment and removal in accordance with parish ordinances relative to Animal Control.
b. Persons bringing or allowing pets in their custody or control in designated public use areas shall be responsible for proper removal and disposal of any waste produced by these animals.
c. No person shall bring or allow horses, cattle, or other livestock in their custody or control in camping, picnicking, swimming or other recreation areas or on ATV trails.
d. Any animal impounded under the provisions of this section may be confined at a location designated by the parish, which may assess a reasonable impoundment fee in accordance with provisions of parish ordinances governing Animal Control.
e. Wild or exotic pets and animals (including but not limited to cougars, lions, bears, bobcats, wolves, and snakes), or any pets or animals displaying vicious or aggressive behavior or otherwise posing a threat to public safety or deemed a public nuisance, are prohibited from spillway lands and waters and are subject to removal in accordance with federal, state and local laws.
(12) Restrictions.
a. The Corps and/or St. Charles Parish may establish and post a schedule of visiting hours and/or restrictions on the public use of the spillway. The spillway or a portion of it, may be closed or restricted when necessitated by reason of public health, public safety, maintenance, resource protection or other reasons in the public interest. Entering or using the spillway in a manner that is contrary to the schedule of visiting hours, closures or restrictions is prohibited.
b. Quiet shall be maintained in all public use areas between the hours of 10 p.m. and 5 a.m. Excessive noise during such times that unreasonably disturbs persons is prohibited.
c. Any act or conduct by any person that interferes with, impedes or disrupts the use of the spillway or impairs the safety of any person is prohibited. Individuals who are boisterous, rowdy, disorderly or otherwise disturb the peace or violate any state criminal statute on spillway lands or waters may, in addition to being charged, be directed to leave the spillway by representatives of the Corps and/or sworn members of the St. Charles Sheriff's Department.
d. The operation or use of any sound producing or motorized equipment, including but not limited to generators, vessels or vehicles, in such a manner as to unreasonably annoy or endanger persons at any time or exceed state or local laws governing noise levels from motorized equipment is prohibited.
e. The possession and/or consumption of alcoholic beverages in the designated ATV and 4 wheel drive areas is prohibited.
(13) Explosives, firearms, other weapons and fireworks.
a. The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
1. In the possession of a federal, state or local law enforcement officer; or
2. Being used for hunting or fishing as permitted under state and local laws, with devices being unloaded when transported to, from or between hunting and fishing sites; or
3. Written permission has been received from the Corps.
4. At a designated shooting range or area established by the Corps.
b. Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited.
(14) Public property.
a. Destruction, injury, defacement, removal or any alteration of public property including, but not limited to, developed facilities, natural formations, mineral deposits, historical and archaeological features, paleontological resources, boundary monumentation or markers and vegetative growth, is prohibited except when in accordance with written permission of the Corps.
b. Cutting or gathering of trees or parts of trees and/or the removal of wood from the spillway is prohibited without written permission of the Corps.
c. Gathering of dead wood on the ground for use in designated recreation areas as firewood is permitted, unless prohibited and posted by the Corps.
(15) Abandonment and impoundment of personal property. Personal property of any kind shall not be abandoned, stored or left unattended upon spillway lands or waters. After a period of 24 hours, or at any time after a posted closure hour or for the purpose of providing public safety or resource protection, unattended personal property shall be presumed to be abandoned. This property may be impounded and stored at a storage point designated by the Corps, which may assess a reasonable impoundment fee. Such fee shall be paid before the impounded property is returned to its owner.
(16) Advertisement.
a. Advertising by the use of billboards, signs, markers, audio devices, handbills, circulars, posters, or any other means whatsoever, is prohibited without written permission of the Corps.
b. Vessels and vehicles with semi-permanent or permanent painted or installed signs are exempt as long as they are used for authorized recreational activities and comply with all other rules and regulations pertaining to vehicles and vessels.
c. The Corps shall be responsible for posting signs within the spillway to notify patrons of regulations and restrictions.
(d) Violations, penalty. If any person violates any provisions of this article he may be subject to arrest by the parish sheriff's department or any other local, state and/or federal peace officer including any agent(s) of the Louisiana Department of Wildlife and Fisheries and Department of Natural Resources. Any person found guilty of violating the provisions of this section shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00) or imprisoned not more than thirty (30) days, or both.
NOW, THEREFORE BE IT ORDAINED, THAT WE THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby provide that the Code of Ordinances, Parish of St. Charles, be amended by revising Section 17-7 of said Code, providing for the additional restrictions in the Bonnet Carré Spillway. In furtherance, that Section 17-7 be revised to provide for maximum monetary penalties of up to $500.00.
vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this Day of , 2001, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED: DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: