ORDINANCE NO. 03 OF 2022
AN ORDINANCE TO AMEND AND REENACT SECTIONS 11-4007 TRASH FIRES
BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Jeanerette, in regular session assembled,
That the Code of Ordinance of the City of Jeanerette, 11-4007 TRASH FIRES are hereby AMENDED and REENACTED to read as follows, to wit:
WHEREAS, the current requirements for trash fires in the City of Jeanerette detail the proper vessel and items that can be legally burned.
BE IT THEREFORE ORDAINED, by the Board of Aldermen, City of Jeanerette, State of Louisiana, that the ordinance now read
SECTION 1. Control of Outdoor Burning
A. Purpose. It is the purpose of this Section to control outdoor burning of waste or other combustible material.
B. Outdoor Burning Prohibited. No person shall cause or allow the outdoor burning of waste material or other combustible material on any property owned by him or under his control except as provided in Subsections C and D of this section.
C. Statutory Exceptions. The following activities are not subject to the prohibition created in Subsection B of this Section:
1. The burning of leaves, grass, twigs, branches, and vines by a private property owner on his own property for noncommercial purposes, provided the fire is protected by a proper nonflammable container and within the city limits. The container must be at least 50 ft from any buildings and the burn must be supervised at all times and there must be a water supply such as a water hose, within reach of the person supervising burning of yard waste at all times;
D. Exceptions to Control of Outdoor Burning. Outdoor burning of waste material or other combustible material may be conducted in the situations enumerated below if no public nuisance is or will be created and if the burning is not prohibited by and is conducted in compliance with other applicable laws and with regulations and orders of governmental entities having jurisdiction, including air control regulations and orders. The authority to conduct outdoor burning under this regulation does not exempt or excuse the person responsible from the consequences of or the damages or injuries resulting from the burning.
1. Outdoor burning in connection with the preparation of food in a nonflammable container and supervised;
2. Campfires and fires used solely for recreational purposes must be supervised at all times and there must be a method to extinguish the fire such as a cover or source of water;
4. Small fires, by tradesmen and contractors, in such activities as street repair, installation or repair of sewer, water, electric, telephone mains, and services;
5. The operation of contrivances using open flames such as welding torches, blow torches, portable heaters, and other flame making devices;
6. Outdoor burning, brush, grass, and other vegetable matter from such area in land clearing and right-of-way maintenance operations if the following conditions are met:
a. prevailing winds at the time of the burning must be away from any city or town, the ambient air of which may be affected by smoke from the burning;
b. care must be used to minimize the amount of dirt on the material being burned;
c. heavy oils, asphaltic materials, items containing natural or synthetic rubber, or any materials other than plant growth which produce unreasonable amounts of smoke may not be burned; nor may these substances be used to start a fire;
d. the burning may be conducted only from dawn.to dusk. Piles of combustible material should be of such size to allow complete reduction in this time interval;
e. the burning must be controlled so that a traffic hazard is not created.
7. Fire purposely set as part of an organized program of drills for the training of firefighting personnel or for testing firefighting materials or equipment if the following conditions are met:
a. the duration of the burning held to the minimum required for such purposes;
b. the burning is conducted only from dawn.to dusk;
c. The burning is controlled so that a traffic hazard as prohibited by is not created.
SECTION 2. Whoever violates the provisions of this section shall be fined for not more than $100.00, or imprisoned for not more than 30 days, or both.
BE IT FURTHER ORDAINED, that all ordinances and resolutions in conflict herewith are hereby repealed.
This Ordinance shall take effect and be in force immediately after its adoption.
This Ordinance was introduced on the 11th day of April 2022 by Alderwoman Moore and second by Alderman Clark notice of public hearing having been posted on April 13, 2022, said public hearing having been held on May 9, 2022 the title having been read and the ordinance considered, on motion of Alderman Clark whom moved its adoption, seconded by Alderman Bourgeois, and upon roll call was adopted by its title, section by section, and as a whole, by the following yea and nay vote:
YEAS: Aldermen Lancon, Ward, Bourgeois, Clark and Alderwoman Moore
This Ordinance was thereupon declared adopted by Mayor and was approved and signed by him and attested by the City Clerk and the corporate seal of the City of Jeanerette affixed hereto on this 10th day of May, 2022.
CITY OF JEANERETTE
Carol Bourgeois, Jr. MAYOR
Susan Colden CITY CLERK
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