Abita Springs Open Burning for Ordinance

Sec. 10-217. - Controlled fire or open burning.

A controlled fire or open burning of leaves, trash and yard debris, such as pine needles, pine cones, shrubs, brush and cut timber in Abita Springs shall not be a violation of this chapter if the following guidelines are adhered to:

(1) The fire area shall not be greater than eight feet in diameter;

(2) The height of burning materials shall not be greater than four feet;

(3) Burning shall only occur between sunrise and one hour before sunset;

(4) The fire site shall not be unattended;

(5) A functional water hose shall be located next to the fire site; and

(6) The fire sites shall be located at least ten feet from the nearest property line.

(7) There shall be no more than one fire site per home site or parcel of land.

(8) The fire site shall be located at least 50 feet from any structure, if nearer than 50 feet from a structure a container must be used (Ord. No. 252, 7-15-03)

 

Sec. 10-218. - Recreational fires.

Recreational fires will be allowed after dark. The fire shall not be greater than four feet in diameter. The height of the burning material shall not be greater than four feet. (Ord. No. 252, 7-15-03)

 

Sec. 10-219. - Violation.

A violation of any of the above restrictions shall result in the fire site being considered a fire hazard under this chapter. (Ord. No. 252, 7-15-03)

 

Sec. 10-220. - Compliance with notice to abate fire hazard required.

Any person served with a notice to abate a fire hazard shall comply therewith promptly and inform the appropriate fire chief of such compliance. (Ord. No. 252, 7-15-03)

 

Sec. 10-221. - False fire alarms.

No person shall maliciously report to police or fire officials or cause to be reported a false fire alarm. (Ord. No. 252, 7-15-03)

 

Sec. 10-222. - Vehicles to have right-of-way.

All motorized fire equipment and all personal cars of fire department members shall have the right-of-way over all other traffic when responding to a fire alarm. (Ord. No. 252, 7-15-03)

 

Sec. 10-223. - Driving over fire hose.

No person may drive any vehicle over a fire hose except upon specific orders from the appropriate fire chief or from such other officer in charge where the hose is being used. (Ord. No. 252, 7-15-03)

 

Sec. 10-224. - Parking near or obstructing fire stations or hydrants.

No person shall park any vehicle or otherwise cause any obstruction to be placed within 50 feet of the entrance to any fire station or other place where fire apparatus is stored, or within ten feet of any fire hydrant or cistern. (Ord. No. 252, 7-15-03)

 

Sec. 10-225. - Following fire apparatus; parking near fire.

No unauthorized person with any vehicle shall follow within 600 feet of any apparatus belonging to a fire department, or park any vehicle within 300 feet of a fire. (Ord. No. 252, 7-15-03)

 

Sec. 10-226. - Penalties.

Any person violating the provisions of this chapter shall upon conviction be punished as provided in section 1-108 of this Code. (Ord. No. 252, 7-15-03)

 

Sec. 10-227. - No burn proclamation.

The Town of Abita Springs will adhere to "no burn proclamation" when needed by the mayor of Abita Springs for the safety of the community. (Ord. No. 252, 7-15-03)

Open Burning for St. Tammany Parish and Outside the Town of Abita Springs

This regulation can be found by the following link to the ordinances for St. Tammany Parish

Sec. 26-3. – Fires for yard debris.

(a)  Except as provided in subsection (d) of this section, the burning of leaves and yard debris, such as pine needles, pine cones, shrubs, brush and cut timber shall not be a violation of this chapter, provided that:

(1)  The fire area shall not be greater than eight feet in diameter;

(2)  The height of burning materials shall not be greater than four feet;

(3)  Burning shall only occur between sunrise and one hour before sunset;

(4)  The fire site shall not be unattended;

(5)  A functional water hose shall be located next to the fire site;

(6)  The fire site shall be located at least ten feet from the nearest property line;

(7)  There shall be no more than one fire site per homesite or parcel of land;

(8)  The fire site shall be located at least 50 feet from any structure, if nearer than 50 feet from a structure, a container must be used;

(9)  The fire shall not emit dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities so as to violate section 26-1.

 

A violation of any of the above restrictions may result in the fire site being considered a nuisance under this chapter.

(b)  The restrictions listed in subsection (a) of this section that are set forth in subsections (a)(1) through (8) of this section shall not apply in the event that the controlled fire or open burning of leaves and yard debris, as stated herein, is located a distance of 1,000 feet or more from the nearest dwelling. However, such controlled fire or open burning of leaves shall not present a fire hazard and, as provided in subsection (a)(9) of this section, shall not emit dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities so as to violate section 26-1.

(c)  The provisions of this section are not intended nor shall they lessen the responsibility of all persons to abide by other ordinances of this parish, and laws of this state governing the matters herein addressed.

(d)  Prohibited:

(1)  Notwithstanding the provisions of subsection (a) of this section, the provisions of section 14-26 or any other provision, the burning of leaves and yard debris, such as pine needles, pine cones, shrubs, brush and cut timber in the following areas is strictly prohibited to-wit:

  1.  Those areas of Council District 4 that are located east of the Tchefuncte River. Accordingly and for clarification, those areas of Council District 4 situated west of the Tchefuncte River, which areas are currently within the boundaries of voting precincts MD1 and 102, are not included within the prohibition.

  2.  The area bounded on the north by Interstate 12, on the south by the north bank of Ponchitolawa Creek, on the west by the eastern bank of the Tchefuncte River and on the east by the western right-of-way of U.S. Highway 190, which area was formerly within the boundaries of Council District 4 and comprises the area within the current boundaries of voting precinct 306.

 

(2)  Notwithstanding the provisions of subsection (a) of this section, the provisions of section 14-26 or any other provision, the burning of leaves and yard debris, such as pine needles, pine cones, shrubs, brush and cut timber on any lot or parcel of land less than 12,600 square feet in size within any parish approved subdivision is strictly prohibited.

 

(Code 1998, § 14-003.00; Ord. No. 04-0943, 8-5-2004; Ord. No. 05-1213, 12-1-2005; Ord. No. 08-1826, 6-5-2008; Ord. No. 09-2128, 9-3-2009; Ord. No. 11-2614, 10-6-2011)

State Law reference— Authority of parish to enact ordinances prohibiting and regulating the burning of leaves, limbs, branches or yard debris as public nuisances, R.S. 33:1236(31).