§ 13-1. Bonfires, leaf and rubbish fires.

(a)

Burn permit. No person shall kindle or maintain any bonfire, or authorize any such fire to be kindled or maintained without first obtaining a burn permit, issued without fee or cost, which permit in order to be valid, shall contain the authorization from the local fire chief whose area the permit shall be applicable. A leaf or rubbish fire may be kindled upon private property without a burn permit if the provisions of subsection (b)(2) of this section are strictly adhered to. No waste materials or rubbish shall be disposed of by burning without having obtained a burn permit with the proper authorization of the local fire chief (Authorization of the local fire chief shall not relinquish the requirement to comply with applicable regulations of the State governed by the Louisiana Revised Statutes).

(b)

Location restricted. No person shall kindle or maintain any bonfire or leaf or rubbish fire, or knowingly furnish the material for any such fire or authorize any such fire to be kindled or maintained on or in any street, alley, road, land or public grounds. Such fires may be kindled upon any private lot, provided:

(1)

The location is not less than one hundred fifty (150) feet from any structure or line of adjoining property and adequate provisions, approved by the local fire chief is made to prevent the fire from spreading to within one hundred fifty (150) feet of any structure or line of adjoining property, notwithstanding the lesser restriction referred to and adopted by section 13-21;

(2)

The fire is contained in an approved incinerator with closed top, located safely not less than fifteen (15) feet from any structure or line of adjoining property;

(3)

The local fire chief shall determine whether or not a container is acceptable as an approved incinerator, taking into consideration the particular circumstances and environment at the location as well as the safety precautions advisable and the size and extent of the proposed fire. Any restriction deemed necessary within his district may be imposed upon the user of the incinerator.

(c)

Prohibition of fires when atmospheric conditions or local circumstances make fires hazardous. The local fire chief may prohibit any fire when atmospheric conditions or local circumstances make such fire hazardous.

(d)

Attendance at open fires. Where required by the burn permit by the local fire chief, bonfires and rubbish fires shall be constantly attended by a competent person until such fire is extinguished. This person may be required to have a water hose connected to a water supply or other fire extinguishing equipment readily available for use. A water hose commensurate to the size and location of the intended burn site and hazard shall be provided to control unwanted fire spread, if required by the local fire chief.

(e)

Availability, inspection of burn permit; right of entry, action of fire chief where permit was not issued. The burn permit shall be physically available for inspection by the local fire chief at the location of the fire. Where the permit is not available for inspection or where a fire is being inspected/investigated by the local fire chief, and where no burn permit was issued, the local fire chief may at his discretion take immediate action to enter upon the premises where the fire is located, extinguish the fire, and take the necessary action to prevent its rekindling.

(f)

Interference with fire chief. It shall be a distinct and separate violation subject to the penalties of this section to interfere with or in any way prevent the local fire chief or their representative(s) from entering the premises and extinguishing an unauthorized fire, a fire which the chief or their representative requires extinguishment or a fire for which the permit cannot be produced.

(g)

Legal responsibility. Any person who causes damage to any structure, or property description, publicly or privately owned, shall assume full liability therefore, and shall be subject to the full penalties set forth in section 1-10, if carelessness, inattention or negligence causes any bonfire, or leaf or rubbish fire to do such damage. (Burn permits shall not relinquish the requirement to comply with applicable regulations of the state governed by the Louisiana Revised Statutes).

(Code 1961, § 7-14; Ord. No. 24567, § 1, 8-28-13)