ORDINANCE TO AMEND AND REENACT ST. TAMMANY PARISH CODE OF ORDINANCES, CHAPTER 14, ARTICLE I, SECTION 14-002.00 ILLUSTRATIVE ENUMERATION AND 14-003.00 PROHIBITED, TO PROHIBIT ANY TREE TRIMMING COMPANY AND PUBLIC UTILITY COMPANY, AND THEIR EMPLOYEES, FROM LEAVING OR PERMITTING TO BE OR REMAIN ON ANY PUBLIC OR PRIVATE PROPERTY ANY TREE CUTTINGS AND OTHER ASSOCIATED DEBRIS AND TO REQUIRE CONTEMPORANEOUS REMOVAL OF ALL SUCH CUTTINGS AND OTHER ASSOCIATED DEBRIS.
WHEREAS, to amend the St. Tammany Parish Nuisance Ordinance, particularly Chapter 14, Article I, the accumulation of tree cuttings and associated debris is found to create a condition tending to create a harborage for rodents and insects; to obstruct and/or tending to obstruct and/or hinder access and use of the parish right-of-ways; to obstruct and/or tending to obstruct and/or to interfere with proper drainage; to obstruct and/or tending to obstruct and/or to interfere with ingress and egress of property; and to potentially be injurious to the health, safety and general welfare. Therefore, the presence of tree cuttings and other associated debris, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this part.
THE PARISH OF ST. TAMMANY HEREBY ORDAINS that the Nuisance Ordinance, particularly
Chapter 14, Article I, Section 14-002.00 is amended and reenacted to add paragraph (p) to the illustrative
enumeration and Chapter 14, Article I is further amended and reenacted to add Section 14-003.01
Prohibited Tree Cuttings and Associated Debris, to prohibit any tree trimming company and public utility
company, and their employees, from leaving or permitting to be or remain on any public or private property
any tree cuttings and other associated debris and to require the contemporaneous removal of such cuttings
and other associated debris, except as expressly hereinafter permitted, and to provide as follows:
Sec. 14-002.00 Illustrative Enumeration
(p) Tree cuttings and other associated debris from the cutting of tree limbs along power lines by
a tree trimming company.
Sec. 14-003.01 Prohibited Tree Cuttings and Associated Debris
It shall be unlawful for any tree trimming company or public utility company, or their employees,
which are engaged in tree trimming operations along power lines to leave or permit to be or remain on any
public or private property any tree cuttings and other associated debris. Except as otherwise provided
herein, tree trimming companies, and their employees, shall be responsible to contemporaneously remove
all such tree cuttings and other associated debris.
(a) Emergencies: During times of emergencies, because of damage occasioned by such events as
hurricanes, tornadoes, force majeure or other catastrophic events, when such tree clearing or trimming
operations are necessary to restore such things as power, other services or access, tree cuttings and other
associated debris shall be permitted to remain for a reasonable time under the circumstances.
(b) Contemporaneous removal: Except in cases of emergencies, all tree cuttings and other associated debris shall be removed from the location where the activity is being conducted contemporaneously with the tree trimming activity of that particular day and no tree cuttings and associated debris shall be permitted to remain at the site.
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(c) Criminal penalties: The failure to remove tree cuttings and associated debris from the site, on
the same day that the tree cutting activity is being conducted, shall constitute a misdemeanor punishable
by a fine of not less than ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED
($500.00) DOLLARS, or by imprisonment for not more than thirty (30) days, or both such fines and
imprisonment. Each day that a violation continues shall constitute a separate offense.
(d) Civil penalties: In lieu of, or in addition to, the issuance of a misdemeanor summons, violations of the provisions of this chapter may be enforced by imposition of civil penalties and injunctive relief in accordance with the following paragraphs. Each day that the nuisance remains, as set forth herein, shall constitute a separate offense and a civil penalty of not less than ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED ($500.00) DOLLARS per day shall be imposed.
(e) Notice: Whenever the public nuisance set forth in this Section exists within the parish, in
violation of Section 14-003.01 of this Chapter, the enforcing agency shall order the company creating the
nuisance to immediately remove all cuttings and other associated debris from the site. Such order shall:
(1) Be in writing;
(2) Specify the public nuisance and its location;
(3) Specify the corrective measures required and the enforcement measures that may be taken;
(4) Provide for compliance within ten (10) days from the service thereof; and
(5) Provide for an opportunity for a pre-enforcement hearing and extension of time by written request received by the enforcing agency within ten (10) days.
(6) The order or notice shall be served upon a domestic or foreign corporation by personal service upon the designated agent or by sending the notice by certified mail, return receipt requested, to the address of the designated agent as shown on the records of the secretary of state. If the corporation has failed to designate an agent, if there is no registered agent by reason of death, resignation or removal, or if the person attempting to make service certifies that he is unable, after due diligence, to serve the designated agent, service may be made by (i) service on any officer, or director, or any person named as such in the last report filed with the secretary of state, (ii) by personal service on any employee of suitable age and discretion at any place where the business of the corporation is regularly conducted, (iii) or by any other method of service authorized by law for service of lawsuits in civil cases.
(f) Within the ten-day period following service of notice, the company shall either remove all tree cuttings and associated debris or apply to the enforcing agency for a civil penalty pre-enforcement hearing and request for extension of time, which shall set forth the reasons why such an extension should be granted. If the company fails to remove the cuttings and associated debris, within the ten-day period of notification, and fails to timely request a hearing and extension of time, the parish may have the cuttings and associated debris removed, at the expense of the company, or may proceed by means of seeking injunctive relief, for imposition of civil penalties and all costs. Civil penalties shall begin to accrue on the day of the violation and shall not be suspended or waived except in those cases where a pre-enforcement hearing and extension of time have been timely sought and the extension of time, based on exceptional circumstances, has been granted.
(g) Notice presumed from refused certified mail: For purposes of this Section, when service of
notice by certified mail has been refused, the company is deemed to have received notice in accordance
with the provisions of this section, and the ten-day period commences to run on the date of refusal.
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(h) When immediate action is required: Nothing herein shall be construed to prevent the parish, without notice and opportunity for pre-enforcement hearing, from removing, or having removed, at the expense of the responsible company, any cuttings or associated debris that is actually blocking drainage or ingress and egress, or which otherwise presents an imminent threat to public safety.
(i) Requirement of bond: Any company that has been determined to have violated the provisions of this Section, on at least two occasions, may be required to post bond, in the amount of FIVE THOUSAND ($5,000.00) DOLLARS, which may be applied to satisfy the costs and civil penalties of any future violations of this Section.
REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity
shall not affect other provisions herein which can be given effect without the invalid provision and to this
end the provisions of this Ordinances are hereby declared to be severable.
DATE OF ENACTMENT: This Ordinance shall become effective fifteen (15) days after adoption.
MOVED FOR ADOPTION BY ____________________, SECONDED BY __________________
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE
THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING OF
THE PARISH COUNCIL ON THE DAY OF 2004 AND BECOMES
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PATRICIA BRISTER, COUNCIL CHAIRMAN
DIANE HUESCHEN, COUNCIL CLERK
KEVIN DAVIS, PARISH PRESIDENT
Published introduction: January 8 , 2004
Published adoption: , 2004
Delivered to Parish President : _________________, 2004 at _______________
Returned to Council Clerk: _________________, 2004 at _______________