EXERPTS FROM ORDINANCE NO: 2014-021
In order provide that the Carencro Burn Control Section of the Carencro Code of Ordinances (Code) hereafter prohibits the outdoor burning of combustible materials upon property located within the corporate limits of the City of Carencro

Chapter 26, “Fire Prevention and Protection”, Article IV, “Burn Control Code”, Section 26-104, “Burning of trees, brush and other vegetable matter”:

Outdoor Burning, in other than rural park or rural recreation areas, of trees, brush, grass, and other vegetable matter from such areas in land clearing and right-of-way maintenance operations shall not be permitted.

Chapter 26, “Fire Prevention and Protection”, Article IV, “Burn Control Code”, Section 26-103, “Exceptions”:

Outdoor burning of combustible material may be conducted in situations enumerated in this section if no public nuisance is created, and if all of the following conditions are adhered to. 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. This does not exempt or excuse the person responsible for damages from the burning.

(1) Outdoor burning in connection with the preparation of food.
(2) Campfires and fires used solely for recreational purposes or for ceremonial
occasions.
(3) The following exceptions may be conducted only where the Carencro Fire Chief has been provided notice of said burn at least 24 hours in advance of the same, the Chief has granted, in writing, permission for such burn, and the specific recommendations of the Chief are followed to conduct the burn at issue.

a. Fires purposely set to forest lands for a specific forest management purpose in accordance with practices acceptable to the state forestry commission.
b. Fires purposely set on agricultural lands for a specific management purpose in accordance with practices acceptable to the state department of agriculture.
c. Outdoor burning in a rural park or rural recreation area of trees, brush, grass, and other vegetable matter for game management purposes in accordance with practices acceptable to state parks and recreation commission and state wildlife and fisheries commission.
d. The operation of contrivances using open flames such as welding torches, blow torches, portable heaters, and other flame-making devices.

Excerpts from Lafayette Consolidated Government Ordinance on Solid Waste Disposal & Penalties

Chapter 1 - General Provisions, Section 1-9. - General Penalty; continuing violations

Subsection (c) Except as otherwise provided, or if any penalty contained in this Code is found unconstitutional, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding six months, or both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

Chapter 74 - Solid Waste, Article I. In General, Section 74-1. - Definitions

Waste means all forms of waste as provided in this section including, but not limited to, agricultural waste, bulky waste, hazardous waste, solid waste and yard waste.

Chapter 74 - Solid Waste, Article III. - Solid Waste Management, Division 1. - Generally, Section 74-38. Disposal by burning prohibited.

The reduction or disposal of all forms of waste by incineration or burning is prohibited in the service area, unless allowed by and performed in accordance with other provisions in this Code.
A violation of this section shall be subject to the penalties prescribed in subsection 1-9(c) of this Code.

For all open burning in Lafayette Parish not relating to waste disposal, the below provisions apply.

Excerpts from Louisiana Administrative Code 33:III.1109:

LAC 33:III.1109 (from the Louisiana Environmental Regulatory Code) No person shall cause or allow the burning of waste or other combustible material on any property owned by him or under his control except as provided in Subsections C and D.

7 Statutory Exceptions (Subsection C)

1. Parishes with Population of 300,000 or less:

• • Leaves, grass, twigs, branches, and vines by private property owners for non-commercial purposes. MUST attend at all times
  • Burning of Agricultural by products in the fields; Controlled burning of cotton gin agricultural wastes in connection with cotton gin operations;
  • Controlled burning in connection with timber stand management Controlled burning of pasture land or marshland in connection with trapping or livestock production.

Subsection D – Exceptions to Prohibition

1. Outdoor burning in connection with the preparation of food;
2. Campfires and fires used solely for recreational purposes or for ceremonial occasions;
3. Outdoor burning in rural parks and recreation areas of trees, brush, grass, and other vegetable matter for game management purposes;
4. Small fires, by tradesmen and contractors, in such activities as street repair, installation or repair of sewer, water, electric, telephone mains, and services; Operation of contrivances using open flames such as welding torches, low torches, portable heaters, and other flame making devices;
6. Outdoor burning of trees, brush, grass, and other vegetable matter for land clearing and right of way maintenance operations IF THE FOLLOWING conditions are met:

a) Winds away from town/city;
b) At least 1000 ft from dwelling not located on property;
c) Minimize dirt on the material being burned;
d) Heavy oils, items containing natural or synthetic rubber, or any non-plant material which produce unreasonable amounts of smoke are prohibited;
e) Burning must be conducted between 8 am and 5 pm;
f) Must be controlled so as to not cause a traffic hazard.

7. Training of fire fighters or testing fire fighting equipment
8. Outdoor burning of waste hydrocarbon products at the site of origin when it is not practicable to transport the waste products for sale or reclamation...under the following conditions:

a) Must not occur in a town/city or in such proximity to affect the air;
b) May only occur between 8 am and 5 pm;
c) Burning is controlled such that a traffic hazard is not created.

9. Special situations approvable by exemption by LDEQ prior to the initiation of burning:

a) Explosives, pyrophoric, or any other materials where there is no practicable or safe method of disposal;
b) Experimental burning for research or data gathering;

When and where prescribed, a ban on all open burning shall override the above City and Parish ordinance / laws and their exceptions to open burning.

Pursuant to R.S. 40§1602, the state fire marshal can institute a burn ban to prohibit or limit the private outdoor burning. In regards to enforcement, the law states that the state fire marshal or his representative or the commissioner of the Department of Agriculture and Forestry or his representative may impose a civil fine of $250 for violation of this order. This penalty is civil in nature, not criminal, and is appealable to the Division of Administrative Law in accordance with the Administrative Procedure Act. At this time, the state fire marshal has not designated any entity, including fire prevention bureaus or other fire departments, to issue these types of fines. As to the Office of State Fire Marshal, only fire marshal deputies may issue this civil penalty.

However, the burn ban in and of itself is an order of the OSFM. As such, violation of the burn ban order is a violation of an order of the OSFM and is therefore, a violation of R.S. 40§1621. It provides:

Whoever fails to comply with any order issued by the fire marshal or his authorized representative, under any provisions of Part III of Chapter 7 of Title 40, R.S. 40§1569 excepted, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each day's violation of an order constitutes a separate offense and may be punished as such at the discretion of the court.

This statute is a criminal statute and can be enforced by commissioned fire marshal deputies and any law enforcement officer. In the fact pattern presented above, the law enforcement officer could have issued the homeowner a criminal summons for violation of 40§1621. Or, the fire department could have contacted the OSFM to send out a deputy to that location. There, the deputy could have issued a criminal summons for violation of R.S. 40§1621 or a civil ticket for violation of R.S. 40§1602.

The remaining questions are whether the fire department is within its right to put out the fire and whether being on the property constituted a violation of some criminal statute. The answer can be found in the criminal trespass statute, R.S. 14§63. In general, it provides that it is a criminal violation for a person to enter a structure, watercraft, or moveable of another without express, legal, or implied authorization. However, the statute makes specific exceptions for fire departments. Subsection (E) (2) of the statute allows for firefighters, whether volunteer or other, to enter and remain upon the structure, watercraft, movable or immovable property of another for purposes of engaging in locating and suppressing fire.

Current areas under burn ban can be found at this link or via the up-to-date map below: