CROWLEY, LOUISIANA
DECEMBER 5, 2006
The Acadia Parish Police Jury met on the above date at 6:30 p.m.,
in the
Police Jury Meeting Room, Courthouse Building, Crowley, Louisiana,
in
regular session with the President Cecelia B. Chambers presiding. At
the
request of the President, a moment of silence was offered and
members
of the Esterwood 4-H Junior Leadership club led the Pledge to the
Flag.
The Roll was called and final attendance was recorded as follows:
ALTON STEVENSON
JOHN HUMBLE, SR.
CADE BENOIT
A. J. BROUSSARD
JIMMIE PELLERIN
FELTON MOREAU
A. J. CREDEUR
CECELIA B. CHAMBERS
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. John
Humble,
Sr., to approve the Minutes of the November 21, 2006 Regular Police
Jury
Meeting as revised. Motion Carried.
APPOINTMENTS
RESOLUTION No. 12-06-01
BY MESSRS JOHN HUMBLE SR AND CADE BENOIT
BE IT RESOLVED: by the Acadia Parish Police Jury in regular
session duly
convened this 5th day of December, 2006, does hereby reappoint Mr.
Michael Shayne Richard to the Fire Protection District # 5 Board,
with said
term to expire December 2008.
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin___
/s/ Cecelia B. Chambers
KATRY MARTIN
CECELIA B. CHAMBERS
SECRETARY-TREASURER
PRESIDENT
STATE/FEDERAL FINANCIAL ASSISTANCE
BY MESSRS CADE BENOIT AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular
session duly
convened this 5th day of December, 2006, does hereby empower,
authorize
and direct the President to apply for a Local Governments Assistance
Program grant in the amount of $40,000 for the purpose of
improvements
for Acadia Fire Protection District #4.
ADOPTED: December 5, 2006
ATTEST:
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
FINANCE
A motion was offered by Mr. Alton Stevenson, seconded by Mr. John
Humble, Jr. to authorize the following merit raises effective
January 1,
2007: Rebecca Cormier- $9.00 per hour, Delton Lewis $9.00 per hour,
Joni Kernan $12.00 per hour, Elaine Credeur $9.50 per hr and Lee
Hebert
$15.87 per hour. Motion carried.
A motion was offered by Mr. Alton Stevenson, seconded by Mr. John
Humble, Sr., to authorize a 5% cost of living increase for all
full-time
and permanent part time Parish Employees effective January 1, 2007.
Motion carried.
BY MESSRS JOHN HUMBLE, SR. AND JIMMIE PELLERIN
BE IT RESOLVED: by the Acadia Parish Police Jury in regular
session
duly convened this 5th day of December, 2006, does hereby adopt the
2007 annual budget with anticipated revenues in the amount of
$32,114,748 and expenditures in the amount of $31,660,110 with an
estimated surplus of $454,638 with the majority of the surplus funds
reserved for future purchases of road maintenance equipment and debt
services.
BE IT FURTHER RESOLVED that the Acadia Parish Police Jury has
adopted the fiscal year 2007 budget by department totals and will
not
incur any liability for any expenditures and/or contracts for and/or
beyond
fiscal year 2007 which will exceed the amounts appropriated to
officials,
department heads, commissions or other operating agencies unless
authorized by the Jury through budget amendments.
YEAS: Alton
Stevenson, A. J. Broussard, John Humble, Sr., Jimmie
Pellerin, A. J. Credeur, Cade Benoit, Felton Moreau and Cecelia
B. Chambers.
NAYS: None.
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN
CECELIA B. CHAMBERS
SECRETARY-TREASURER
PRESIDENT
A motion was offered by Mr. Alton Stevenson, duly seconded by Mr.
John
Humble, Sr., to approve the year end budget amendments as presented
by the Secretary-Treasurer and further authorize the final adjusting
entries to bring the 2006 budget into compliance. Motion carried.
BY MESSRS ALTON STEVENSON AND JIMMIE PELLERIN
WHEREAS, the 2007 Acadiana Criminalistic Budget has projected
revenues of $2,141,888.47 and $ 2,141,888.47 of projected
expenditures,
and
WHEREAS, $400,000 of budget deficit payments would be
required to
balance said budget which shortfall will be allocated to each member
Parish.
THEREFORE, BE IT RESOLVED: by the Acadia Parish Police Jury
in
regular session duly convened this 5th day of December, 2006, does
hereby
approve the proposed 2007 Acadiana Criminalistic Budget with a
projected
deficit of $400,000.
BE IT FURTHER RESOLVED that the Acadia Parish Police Jury
work with
the Acadia Parish Sheriff’s Office and other local agencies to
provide
Acadia Parish’s share of the deficit.
ADOPTED: December 5, 2006
ATTEST:
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
A motion was offered by
Mr. John Humble, Sr. and duly seconded by
Mr. Alton Stevenson for the Acadia
Parish Police Jury to participate in
the 2007 Louisiana Police Jury
Association’s convention activities as
deemed appropriate by the
Secretary-Treasurer. Motion carried.
RESOLUTION No. 12-06-05
The following resolution was offered by Mr. Alton Stevenson
seconded
by Mr. John Humble, Sr., and duly resolved and adopted:
WHEREAS, the firm of Broussard, Poché, Lewis & Breaux, LLP
submitted
a proposal to serve as independent auditors to audit the financial
statements of the Acadia Parish Police Jury for a three year period
as
of December 31, 2006 and for the year then ended at a cost of
$38,500;
December 31, 2007 and the year then ended at a cost of $40,500; and
December 2008 and the year then ended at a cost of $42,000.
WHEREAS, as defined in GASB Con. Section 2100, the
component unit of
the Acadia Parish Criminal Court fund will be included in the
financial
statements of the Acadia Parish Police Jury; and
WHEREAS, the audit is to be in accordance with auditing
standards
generally accepted in the United States of America by the American
Institute of Certified Public Accountants and Government Auditing
Standards, promulgated by the United States Comptroller General;
the
Office of Management Budget’s Compliance Supplement for Single
Audits;
and OMB Circular A-133, Audits of States, Local Government
and Nonprofit Organizations; furthermore the audit will comply
with the provisions of
Louisiana Revised Statute 24:513 and the provisions of the
Louisiana
Governmental Audit Guide, published jointly by the Society of
Louisiana
Certified Public Accountants and the Louisiana Legislative Auditor;
and
THEREFORE, BE IT RESOLVED the Acadia Parish Police Jury, in
regular
session duly convened on this the 5th day of December,
2006, does
hereby accept the proposal submitted by Broussard, Poché, Lewis &
Breaux
to audit financial statements of the Acadia Parish Police Jury; and,
BE IT FURTHER RESOLVED that the President is hereby
empowered,
authorized and directed to execute an engagement agreement with
said Broussard, Poché, Lewis & Breaux, LLP for said purpose.
YEAS: Mr.
Alton Stevenson, Mr. John Humble, Sr., Mr. Cade Benoit,
Mr. A.J. Benoit, Mr. Jimmie Pellerin, Mrs. Cecelia B. Chambers
NAYS: Mr. Felton Moreau, Mr. A.J. Credeur
ABSENT: None
ADOPTED: December 5, 2006
ATTEST:
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
RESOLUTION No. 12-06-06
BY MESSRS: ALTON STEVENSON AND JOHN HUMBLE SR
BE IT
RESOLVED: by the Acadia Parish Police Jury in regular session
duly convened this 5th
day of December 2006, does hereby approve
the request to reassign Oil,
Gas and Mineral Lease dated October 6, 2006
and further known as Sections
5,6, 7 and 8- T11S- R1W Acadia Parish,
Louisiana to the following:
Pride Oil and Gas Properties, Inc EOG Resources 75%
Pride Oil and Gas Properties, Inc The Meridian Resource
& Exploration, LLC 25%
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN
CECELIA B. CHAMBERS
SECRETARY-TREASURER
PRESIDENT
FRANCHISE AGREEMENTS
RESOLUTION No. 12-06-07
A Resolution of the Parish of Acadia, Louisiana
Approving the transfer of Cable Franchise
From Charter Communications VI, LLC
to Rapid Communications, LLC
BY MESSRS JOHN HUMBLE, SR. AND ALTON STEVENSON
WHEREAS, Charter Communications VI, LLC (Franchisee) owns, operates
and maintains a cable television system (the System) in the Parish of
Acadia, Louisiana pursuant to a valid franchise agreement (the Franchise);
and
WHEREAS, Rapid Communications (Rapid) entered into an Asset Purchase
Agreement dated September 29, 2006 (the Agreement) with Franchisee and
certain of its affiliates, pursuant to which a certain portion of the System
will be transferred to Rapid (the Transfer) and Franchisee shall retain the
Franchise and a certain portion of the System.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular
session duly convened on this the 5th day of December 2006, the following:
SECTION 1. The
Acadia Parish Police Jury hereby consents to the Transfer,
to the extent required by the
terms of the Franchise.
SECTION 2. The
Acadia Parish Police Jury confirms that (a) the Franchise is
currently in full force and
effect and the Franchisee is the duly authorized
holder of the Franchise; (b)
Franchisee has properly invoked its franchise
renewal rights under Section
626 of the Cable Communications Policy Act
of 1984, as amended © the
Franchise represents the entire understanding
of the parties and Franchisee
has no obligations to the Acadia Parish Police
Jury as the Franchise Authority
other than those specifically stated in the
Franchise, and (d) Franchisee
is materially in compliance wit the provisions
of the Franchise and there
exists no fact or circumstances known to the
Acadia Parish Police Jury which
constitutes or which, with the passage of
time or the giving of notice or
both, would constitute a default or material
breach under the Franchise or
would allow the Acadia Parish Police Jury to
cancel or terminate the rights
thereunder.
Section 3. The
Resolution shall take effect immediately upon proper
execution of said document.
SECTION 4. The
Acadia Parish Police Jury releases Franchisee, effective
upon the closing of the
Transfer (the Closing Date) from all obligations
and liabilities under the
Franchise arising from that portion of the System
acquired by Rapid that accrue
on and after the Closing Date; provided that
Rapid shall be responsible for
any obligations and liabilities arising from that
portion of the System acquired
by Rapid that accrue on and after the
Closing Date.
SECTION 5. This
Resolution shall have the force of a continuing agreement
with Franchisee and Rapid, and
Acadia Parish Police Jury shall not amend
or otherwise alter this
Resolution with consent of Franchisee and Rapid.
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN
CECELIA B. CHAMBERS
SECRETARY-TREASURER
PRESIDENT
INSURANCE
RESOLUTION No. 12-06-08
BY MESSRS A. J. CREDEUR AND FELTON MOREAU
BE IT
RESOLVED: by the Acadia Parish Police Jury in regular session
duly convened this 5th
day of December 2006, does hereby approve the
request of local drainage
boards to allow full time employees of said boards
to participate in the Acadia
Parish Police Jury Group Health Plan.
ADOPTED: December 5, 2006
ATTEST:
/
s/ Katry Martin /s/ Cecelia B. ChambersKATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
PUBLIC SAFETY
ORDINANCE 923
AN ORDINANCE OF THE PARISH OF ACADIA,
STATE OF
LOUISIANA, ENACTING CHAPTER 5 OF THE ACADIA PARISH
CODE OF ORDINANCES RELATIVE TO CONSTRUCTION AND
BUILDING CODES, TO ADOPT CERTAIN CODES, TO PROVIDE
FOR ISSUANCE OF PERMITS, TO PROVIDE FOR ENFORCEMENT,
TO PROVIDE FOR PENALTIES FOR VIOLATIONS, AND TO
OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the Legislature by Act 12 of the
First Extraordinary Session
of 2005 enacted Part IV-B of Chapter 8 of Title 40 of the Louisiana
Revised Statutes providing for the mandatory adoption by parishes
and
municipalities of certain building codes;
NOW, THEREFORE, BE IT ORDAINED by the Police
Jury of the Parish
of Acadia, Louisiana, in regular legal session convened on this the
5th day of December 2006 the following:
Section 1. Chapter 5 of the Acadia Parish Code of
Ordinances is hereby
enacted to read as follows:
Building Codes and Permits
Section 2-101 Definitions
a) Acadia Parish Building Official shall mean that employee or individual
appointed by the Acadia Parish Police Jury to serve as the building official
for Acadia Parish and to serve as building codes enforcement officer for
Acadia Parish outside of any incorporated area of the parish.
Section 2-102 Adoption of State Uniform Construction Code
Pursuant to La. R. S. 40:1730.21 et seq., the following codes are
hereby
adopted as the regulations governing the construction of buildings
and other structures in Acadia Parish. Unless specified, all
standards contained in a
referenced code are adopted and included for purposes of this
ordinance.
Unless referenced by name or letter designation, no appendix or
appendices
to a code is adopted.
a) The International Building Code, 2006 Edition, as published by
the
International Code Council, not including Chapter 1—Administration,
Chapter
11—Accessibility, Chapter 27—Electrical, and Chapter 29—Plumbing
Systems including any standards referenced therein, but not
including any appendices
thereto and;
b) The International Existing Building Code, 2006 Edition, as
published by the International Code Council, including any standards
referenced therein, but
not including any appendices thereto and not including Chapter
1—Administration;
c) International Residential Code, 2006 Edition, as published by
the
International Code Council, including Appendix J, Existing Buildings
and
Structures, but not including Parts I—Administrative, V—Mechanical,
VII—Plumbing, and VIII—Electrical. IRC R301.2.1.1 (Design Criteria)
therein
shall be amended as follows and shall only apply to the
International
Residential Code, 2006 Edition:
1) Item 6 of Guide to Concrete Masonry Residential
Construction in High
Winds Areas, as published by the American Concrete Institute,
shall be
added;
2) Item 7, Optional Code-plus Fortified for Safer Living,
as published by
Institute for Business and Home Safety, shall be added; and
3) Item 8, Optional Code-plus Blueprint for Safety, as
published by Federal
Alliance for Safe Homes, shall be added.
d) International Mechanical Code, 2006 Edition, as published by
the
International Code Council;
e) Louisiana State Plumbing Code (Part XIV (Plumbing) of
the State Sanitary
Code] ;
f) International Fuel Gas Code, 2006 Edition, as published by the
International
Code Council; and
g) National Electrical Code, 2005 Edition, as published by the
National Fire
Protection Association.
Section 2-103 Permits
It shall be unlawful to construct, enlarge, alter, repair,
move, demolish,
or change the occupancy of any building or structure, or to erect,
install,
enlarge, alter, repair, remove, convert or replace any electrical,
gas,
mechanical or plumbing system, the installation of which is
regulated by the
technical codes adopted in Section 2-102, or to cause any
such work to
be done, without obtaining a properly issued permit from the Acadia
Parish Building Official for said work.
Section 2-104
Applications for Permit
The permit
mandated under Section 2-104 shall only be issued after the
owner or his designee has
submitted an application for a construction
permit to the Acadia Parish
Building Official and that official has approved
the application for permit. The
application shall, at a minimum, include the
following information:
a) Name, address, and daytime
telephone number of owner;
b) Name, address, and daytime
telephone number of any and all contractors;
c) Location of the
construction;
d) Description of the
construction, including but not limited to square
footage, type of construction, intended occupancy, and whether any
work
will involve following types;
1) Electrical,
2) Concrete or masonry,
3) Plumbing,
4) Structural, and
5) Natural gas, liquefied gas, or other gas fuel
e) Anticipated
completion of construction; and
f) Certification, under penalty
of perjury, that the
construction
will be done in compliance with the
applicable
codes and standards
Section 2-105 Certification of Compliance
It shall be unlawful for any structure or other construction which is required
to be permitted under Section 2-104 to be occupied, used, or otherwise
put in service before the owner or his designee has filed a certificate of
completion and compliance on the form provided by the Acadia Parish
Building Official. The certificate of completion and compliance shall include
the following information:
a) Name, address, and daytime telephone number of owner;
b) Name, address, and daytime telephone number of any and all contractors;
c) Location of the construction;
d) Description of the construction, including but not limited to square footage,
type of construction, and intended occupancy;
e) Date of construction; and
f) Certification, under penalty of perjury, that the construction was done
in compliance with the applicable codes and standards.
Section
2-106 Enforcement of Construction Code
The Building Official
of Acadia Parish may, through the Parish Attorney,
seek to enjoin further construction
or work which is required to be permitted
under this Chapter and which
construction or work does not have a validly
issued permit. Further, the Building
Official may seek to enjoin the occupancy
or use of any building or structure
which has, without compliance with this
Chapter, been, in whole or in part,
constructed, enlarged, altered, repaired,
moved, demolished, or the occupancy
changed or for which the electrical,
gas, mechanical or plumbing system
has been erected, installed, enlarged,
altered, repaired, removed, converted
or replaced in any fashion.
Section 2-107
Building Officials|
There shall be an
Acadia Parish Building Official who shall be the parish
building code enforcement officer
responsible for the administration and
enforcement of the Louisiana State
Uniform Construction Code in the
unincorporated areas of Acadia
Parish.
Section 2-108 Penalties
Any person,
partnership, or corporation who violates any of the
provisions of this chapter or aids or
abets in the violation of any of the
provisions of this chapter shall be
guilty of a misdemeanor and shall be
punishable by a fine of not exceeding
five hundred dollars ($500.00), nor less
than one hundred dollars ($100.00)
for each offense.
Section 3. Pursuant to La.
R. S. 40: 1730.25, LAC 55:VI, and Acadia Paris
Code of Ordinances Section 2-107,
Lee Hebert is hereby appointed and
confirmed as the Building Official
for Acadia Parish.
Section 4.
Chapter , Sections 2-101 through 2-108 and each section,
subsection and provision of said
Chapter there under, are hereby
declared to be independent divisions
and subdivisions and, notwithstanding
any other evidence of legislative
intent, it is hereby declared to be the
controlling legislative intent that
if any provisions of this chapter, or the
application thereof to any person or
circumstance is held to be invalid, the
remaining sections or provisions and
the application of such sections and
provisions to any person or
circumstances other than those to which
it is held invalid, shall not be
affected thereby, and it is hereby declared
that such sections and provisions are
severable and would have
been passed independently of such
section or provision so known to be
invalid.
Section 5. Any Parish
ordinance containing any provision in conflict with
any provision of this Ordinance is
hereby repealed.
Section 6.This Ordinance shall become effective January 1, 2007.
Section
7.This Ordinance was introduced by Jurors Alton Stevenson
and John Humble, Sr. at the special
meeting of the Police Jury held on
November 8, 2006, and copies of the
same were provided to all members
of the Police Jury and the Parish
President. The title of the proposed
ordinance was published once in the
official journal of the Parish of
Acadia, which said notice stated that
the Police Jury will consider its
adoption at the regular meeting of
the Police Jury scheduled for December
6, 2006 at 6:30 P.M., at which time
for a public hearing shall be held
on such ordinance. At said meeting,
following the public hearing,
this proposed ordinance shall be read
by title and called for final passage
and may be adopted by an affirmative
vote of a majority of the
members of the Police Jury.
THUS INTRODUCED at the special meeting of the Police Jury of the Parish of
Acadia, Louisiana on the 8th day of November, 2006.
THUS
ADOPTED at the regular meeting of the Police Jury of the Parish
of Acadia, Louisiana on December 5,
2006.
YEAS:
ALTON STEVENSON,
JOHN HUMBLE, SR.
CADE BENOIT
A. J. BROUSSARD
JIMMIE PELLERIN
FELTON MOREAU
A. J. CREDEUR
NAYS: None
ABSENT: None
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN
CECELIA B. CHAMBERS
SECRETARY-TREASURER
PRESIDENT
RESOLUTION 12-06-09
BY MESSRS JOHN HUMBLE, SR. AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police
Jury in regular session
duly convened this 5th day of
December 2006, does hereby direct,
order and authorize the Parish
President to execute service agreements
and/or contracts with public
jurisdictions and to accept applications for
employment to carry out
the enforcement of building codes as required
by Act 12 of the
Louisiana State Legislature.
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
AN ORDINANCE AMENDING ORDINANCE NO. 735.
ORDINANCE NO. 735 IS HEREBY AMENDED TO CHANGE
THE HOURS
OF OPERATION RELATIVE TO SOUND AMPLIFYING EQUIPMENT.
ORDINANCE NO. 924
OFFENSES AGAINST THE PUBLIC
AN ORDINANCE REGULATING LOUD AND UNUSUAL NOISES, PROVIDING
DEFINITIONS THEREOF, AND PROVIDING FOR PENALTIES FOR VIOLATION
THEREOF.
Ordinance No. 735 is hereby amended to read as follows: (To
facilitate
the interpretation of changes made to Ordinance 735, the
following indicates
words deleted by dashes through such
words and indicates words added
by underlining such
words.)
BE IT ORDAINED by the Police Jury of Acadia Parish,
Louisiana, proceeding
under its police power and further pursuant to
the laws of the State of
Louisiana, that:
SECTION A: PROHIBITED - It shall be unlawful for any person
to make,
continue or cause to be made or continued any loud
unnecessary or unusual
noise which annoys, disturbs, injures or
endangers the comfort, repose,
health, peace or safety of others in
the unincorporated areas of the parish,
as hereinafter set forth.
SECTION B: DEFINITIONS - As used in this chapter, unless the
context
otherwise clearly indicates, the following words and phrases
shall mean as
follows:
"A" BAND LEVEL: The total sound level of all noise as
measured with
a sound level meter using the "A" weighing
network. The unit is a
dB(A).
AMBIENT NOISE: The all-encompassing noise associated with a
given environment, usually being a composite of sounds with many
sources
near and far.
BAND-PRESSURE LEVEL: Band-pressure level of a sound for a
specified frequency band shall mean the sound pressure level for
the sound
contained within the restricted band.
COMMERCIAL DISTRICT:
(1) Any area where offices, clinics and the facilities needed to
serve them are
located;
(2) Any area with local shopping and service establishments;
(3) A tourist-oriented area where hotels, motels and gasoline
stations are
located;
(4) A business strip along a main street containing offices, retail
businesses
and commercial enterprises;
(5) Any area containing other multiple commercial enterprises and
activities
which do not involve the manufacturing, processing or
fabrication of any
commodity.
COMMERCIAL PURPOSES: The use, operation or maintenance of any
sound-amplifying equipment for the purpose of advertising any
business,
any goods, or any services; or for the purpose of
attracting theZ
attention of the public to or advertising for or
soliciting the patronage of customers to or for any performance,
show, entertainment, exhibition or event; or for the purpose of
demonstrating any such sound equipment.
CONSTRUCTION ACTIVITIES: Any and all activities incidental to
the
erection, demolition, assembling, altering, installing or
equipping of
buildings, structures, roads or appurtenances
thereto, including land
clearing, grading, excavating and
filling.
CONTINUOUS NOISE: A steady, fluctuating or impulsive noise
which
exists, essentially without interruption for a period of
ten (10) minutes
or more, or with an accumulation of an hour or
more over a period of
eight (8) hours.
CYCLE: A complete sequence of values of a periodic quantity
which
occurs during a period.
DECIBEL (DB): A unit of level which denotes the ratio between
two (2) quantities which are proportional to power. The number
of decibels corresponding to the ratio of two (2) amounts of
power is ten (10)
times the logarithm to the base ten (10) of
this ratio.
DEVICE: Any mechanism which is intended to produce or which actually produces sound when operated or handled.
EMERGENCY WORK: Work made necessary to restore property to a
safe condition following a public calamity or work required to
protect persons
or property from an imminent exposure to danger
or potential danger.
FLUCTUATING NOISE: The sound pressure level of a fluctuating
noise
which varies more than six (6) dB(A) during the period of
observation
when measured with the slow meter characteristic of
a sound level
meter.
FREQUENCY: Frequency of a function periodic in time shall
mean the
reciprocal of the primitive period. The unit is the
cycle per unit time
and shall be specified.
INDUSTRIAL DISTRICT: An area in which enterprises and
activities
which involve the manufacturing, processing or
fabrication of any
commodity are located.
MICROBAR: A unit of pressure commonly used in acoustics and
is equal
to one dyne per square centimeter.
MOTOR VEHICLE: Any vehicle such as, but not limited to, a
passenger
vehicle, truck, truck-trailer, trailer or semi-trailer
propelled or drawn by mechanical power and shall include a
motorcycle, minibike, go-cart and
any other vehicle which is
self-propelled.
NONCOMMERCIAL PURPOSE: The use, operation or maintenance of
any
sound equipment for other than a commercial purpose.
Noncommercial purposes shall mean and include, but shall not be
limited to,
philanthropic, political, patriotic and charitable
purposes.
PERIOD: Period of a periodic quantity shall mean the smallest
increment
of time for which the function repeats itself.
PERIODIC QUANTITY: Oscillating quantity, the values of which
recur
for equal increments of time.
RESIDENTIAL DISTRICT: An area of single-family or
multi-family dwellings
and shall include areas where multi-unit
dwellings, high-rise apartments
and high-density residential
districts are located. The term also includes,
but is not
limited to, hospitals, nursing homes, homes for the aged,
schools, courts and similar institutional facilities.
SOUND ANALYZER: A device for measuring the band pressure
level or
pressure spectrum level of a sound as a function of
frequency.
SOUND LEVEL METER: An instrument or apparatus, including a
microphone,
an amplifier, an output meter and frequency-weighing
networks, for the measurement of noise and sound levels in a
specified manner.
SOUND PRESSURE LEVEL: Sound pressure level in decibels of a
sound
shall mean twenty (20) times the logarithm to the base ten
(10) of the
ratio of the pressure of the sound to the reference
pressure, which
reference pressure shall be explicitly stated.
SOUND TRUCK: Any motor vehicle, or any other vehicle
regardless of
motive power, whether in motion or stationary,
having mounted thereon
or attached thereto any sound-amplifying
equipment.
SOUND-AMPLIFYING EQUIPMENT: Any machine or device for the
amplification of the human voice, music or any other sound.
Sound-
amplifying equipment shall not include standard automobile
radios when
used and heard only by the occupants of the vehicle
in which the
automobile radio is installed. Sound-amplifying
equipment, as used in this chapter, shall not include warning
devices on authorized emergency
vehicles or horns or other
warning devices on any vehicle when used
only for traffic safety
purposes.
SPECTRUM: Spectrum of a function of time shall mean a
description
of its resolution into components, each of a
different frequency.
SECTION C: DECIBEL MEASUREMENTS - Any decibel measurement
made
pursuant to the provisions of this chapter shall be based on a
reference sound pressure of 0.0002 microbars as measured in any
octave band with center frequency, in cycles per second, as follows:
63, 125, 250, 500, 1000, 2000,
4000 and 8000 or as measured with a
sound level meter using the "A"
weighing.
SECTION D: RADIO, TELEVISION, MUSICAL INSTRUMENTS, ETC.
(1) It shall be unlawful for any person to use, operate or
permit to be
played any radio, receiving set, musical
instrument, television,
phonograph, drum or other machine or
device for the production or reproduction of sound in such a
manner as to cause to be made or
continued any unnecessary noise
as defined and measured hereafter.
(2) This section shall not apply to any person who is
participating in
a school band or duly licensed parade or has
been otherwise duly
authorized to engage in such conduct.
SECTION E: YELLING, SHOUTING, ETC. - It shall be unlawful for
any person
within the parish to sell anything by outcry within any
residential area. The provisions of this section shall not be
construed to prohibit the selling by
outcry of merchandise, food and
beverages at licensed sporting events,
parades, fairs, circuses and
other similar licensed public entertainment events.
SECTION F: MUSICAL INSTRUMENTS - It shall be unlawful for any
person to
use any drum or other instrument or device of any kind for
the purpose of
attracting attention by the creation of noise within
the parish. This section
shall not apply to any person who is a
participant in a school band or duly
licensed parade or who has been
otherwise duly authorized to engage in such conduct.
SECTION G: NOISY ANIMALS OR FOWL - No person shall keep or
maintain, or
permit the keeping of, upon any premises owned,
occupied or controlled by
such person, any animal or fowl otherwise
permitted to be kept, which by
frequent or habitual howling,
barking, meowing, squawking or other noise unreasonably disturbs the
peace and quiet of any neighborhood or causes
discomfort or
annoyance to any person.
SECTION H: MUFFLERS - No person shall discharge to the open
air an exhaust
of any steam engine, stationary internal-combustion
engine, air compressor equipment, motorboat, motor vehicle, or other
powered device which is not
equipped with an adequate muffler in
constant operation and properly
maintained to prevent any
unnecessary noise: and no such muffler or exhaust system shall be
modified or used with a cutoff, bypass or similar device.
SECTION I: TRUCK LOADING - No person shall load any garbage,
trash or
compacter truck, or any other truck, whereby the loading,
unloading or
handling of boxes, crates, equipment of other objects
is conducted within a residential district nor within three hundred
(300) feet of any hotel or motel
between the hours of 10:00 P.M. and
7:00 A.M.
SECTION J: DISTURBING THE PEACE - It shall be unlawful for
any person to
willfully make or continue, or cause to be made or
continued, any loud,
unnecessary or unusual noise which disturbs the
peace or quite of any
neighborhood or which causes discomfort or
annoyance to any reasonable
person of normal sensitivities residing
in the area.
SECTION K: VEHICLE HORNS - No person shall sound any horn or
signaling
device on any truck, automobile, motorcycle or other
vehicle on any street or highway within the parish, except as a
danger warning, and then only for a reasonable period of time.
SECTION L: MAXIMUM SOUND PRESSURE LEVEL - The maximum
permissible
sound pressure level of any continuous source of sound
shall be as herein
established for the time period and district
listed in table A of this section. This includes, but is not limited
to, sound from sources specifically enumerated in
this chapter, as
well as activities such as production, processing, cleaning,
servicing, testing, operating or repairing either vehicles,
materials, goods,
products or devices. Sound pressure levels in
excess of those established for
the districts of this parish, in
times herewith listed, shall constitute prima facie evidence that
such sound is an unnecessary noise.
Sound pressure levels shall be measured at the approximate
location of the
property line of the receiving property, at a height
of at least four (4) feet
above the immediate surrounding surface,
on a sound level meter of standard
design and operating on a "A"
weighting network.
TABLE A
Sound Pressure Level Limit
dB(A)
District Day Night
7:00 a.m. - 11:00 p.m. 11:00 p.m. - 7:00 a.m.
Residential --------------- 50
--------------------------------- 40
Commercial --------------- 60
--------------------------------- 55
Industrial ----------------- 80
--------------------------------- 75
When a noise source can be identified and its noise measured in
more than
one district, the sound pressure level limits of the most
restrictive district
shall apply.
The provisions of this section shall not apply to:
(1) Motor vehicles operating on public rights-of-way; unless
otherwise
restricted herein;
(2) Any bell or chime or any device for the production or
reproduction
of the sound of bells or chimes from any church, clock or school;
(3) The loading of any trucks during permitted hours;
(4) Domestic power equipment and commercial power equipment,
unless otherwise restricted herein.
SECTION M: CONSTRUCTION OR REPAIRS -
(1) It shall be unlawful for any person within a residential
zone or
commercial zone, or within a radius of five hundred
(500) feet therefrom,
to operate equipment or perform any
outside construction or repair work
on buildings, structures or
projects or to operate any pile driver, steam
shovel, pneumatic
hammer, derrick, steam or electric hoist, or other construction
type device, except to perform emergency work, between
the hours
of 10:00 p.m. and 7:00 a.m. of the next day.
(2) Construction projects shall be subject to the maximum
permissible
noise level specified for industrial districts for
the periods within which construction is to be completed
pursuant to any applicable building
permit.
(3) Construction activities directly connected with the
abatement of
an emergency are excluded from the provisions of
this section.
SECTION N: POWER EQUIPMENT LESS THAN FIVE HORSEPOWER -
(1) No person shall operate or permit to be operated on
private property
or on the public way within any residential or
commercial district any
power equipment rated five (5)
horsepower or less and used for home or building repair or
grounds maintenance between the hours of 10:00 p.m.
of one day
and 7:00 a.m. of the next day or operate or permit to be
operated between the hours of 7:00 a.m. and 10:00 p.m. any such
power equipment which emits a noise sound pressure level in
excess of eight (80) decibels in the "A" weighting network dB(A).
(2) Such power equipment shall include, but not be limited to, lawnmowers, garden tools, electric or chain saws or any other power equipment used for home or building repair or grounds maintenance.
(3) Noise sound pressure levels from these sources shall be measured at a distance of twenty-five (25) feet from the noise source.
SECTION O: POWER EQUIPMENT OVER FIVE HORSEPOWER -
(1) No person shall operate or permit to be operated on any
property
within a residential or commercial district, any power
equipment rated
more than five (5) horsepower such as but not
limited to, chain saws, pavement breakers, log chippers, riding
tractors and powered hand tools, between the hours of 10:00 p.m.
of one day and 7:00 a.m. of the next
day or within residential,
commercial or industrial noise districts between
the hours of
7:00 a.m. and 10:00 p.m. which emits a noise level in excess
of
eight-eight (88) decibels in the "A" weighting network dB(A).
(2) Noise sound pressure levels from these sources shall be
measured
at a distance of twenty-five (25) feet from the noise
source.
SECTION P: EXEMPTION - Noise caused in the performance of an
emergency
work for the immediate safety, health or welfare of the
community or individuals
of the community, or to restore property to
its safe condition following a public calamity, shall not be subject
to the provisions of this chapter.
SECTION Q: LOUDSPEAKERS AND SOUND-AMPLIFYING EQUIPMENT - Any
contrary provision in this chapter notwithstanding, the commercial
and noncommercial use of sound-amplifying equipment shall be subject
to the
following regulations:
(1) The only sound permitted to be amplified shall be either
music or
human speech or both.
(2) The operation of sound amplifying equipment shall only be
allowed
between the hours of 7:00 a.m. and 7:00 p.m. in
residential areas each
day and between 7:00 a.m. and midnight in
commercial and industrial areas.
(3) The maximum sound emanating from sound-amplifying
equipment shall
not exceed the sound pressure levels established
in table A of Section L.
(4) It shall be unlawful to operate any sound-amplifying
equipment within
two hundred (200) feet of churches, schools,
hospitals or governmental buildings.
The provisions of this section shall not apply to any bell or
chime or to
any service for the production or reproduction of
the sound of bells or
chimes from any church, clock or school.
SECTION R: PENALTIES - Whoever violates the provisions of
this ordinance
shall be imprisoned for not more than thirty (30)
days, or fined not less than
One Hundred Dollars ($100.00), but not
more than Five Hundred Dollars
($500.00), or both.
Upon a subsequent violation, regardless of whether the second
offense
occurred before or after the first conviction, the offender
shall be imprisoned
for not more than thirty (30) days, or fined not
less than Two Hundred and
Fifty Dollars ($250.00), but not more than
Five Hundred Dollars ($500.00), or
both.
As an additional remedy, the operation or maintenance of any
device,
instrument, vehicle or machinery in violation of these
provisions shall be
deemed and is hereby declared to be a public
nuisance and may be subject
to abatement by restraining order or
injunction issued by a court of competent jurisdiction.
SECTION S: Should any section, paragraph, clause or phrase of
this ordinance
be declared unconstitutional or invalid for any
reason, the remainder of said ordinance shall not be affected
thereby.
SECTION T: All ordinances and laws or parts of ordinances and
laws not
specifically noted above which are in conflict with this
ordinance are hereby repealed.
Said Ordinance having been submitted to a vote, the vote thereon was
as
follows:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr.,
Cecelia B.
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and Felton
Moreau.
NAYS: None.
ABSENT: None.
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
MEETING SCHEDULE
A motion was offered by Mr. Jimmie Pellerin and duly seconded by
Mr.
Felton Moreau to cancel the Police Jury meetings scheduled for
December
19, 2006 and January 2, 2007. Motion carried with Mr. Alton
Stevenson
voting nay.
A motion was offered by Mr. Cade Benoit and duly seconded by Mr.
Felton
Moreau to cancel the December 13, 2006 committee meetings.
Motion carried
A motion was offered by Mr. A. J. Credeur and duly seconded by
Mr. Felton
Moreau to set the regular meeting dates for the Acadia
Parish Police Jury
for the first and third Tuesdays of each month at
6:30 p.m., and further
set Committee Meetings on the Wednesday
between the first and third
Tuesday of each month at 6:30 p.m.
Motion carried.
RESOLUTION No. 12-06-10
BY MESSRS JIMMIE PELLERIN AND FELTON MOREAU
Whereas, the Acadia Parish Police Jury, by Resolution, may authorize
the
observance of holidays as it may deem in keeping with efficient
administration.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in
regular
session duly convened on this the 5th day of December 2006,
does hereby
authorize the observance of Tuesday, December 26, 2006,
and Tuesday,
January 2, 2007 as legal holidays.
BE IT FURTHER RESOLVED THAT the Acadia Parish Police Jury
authorizes
the closing of the Acadia Parish Courthouse and/or
various offices, presently
under its direct supervision to observe
this holiday.
ADOPTED: December 5, 2006
ATTEST:
/s/ Katry Martin
/s/ Cecelia B. Chambers
KATRY MARTIN CECELIA B. CHAMBERS
SECRETARY-TREASURER PRESIDENT
CLOSING
Mr. Ron Lawson addressed the jury regarding the enforcement
requirements
for the Louisiana Uniform Building Code.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE MEETING,
THE
MOTION WAS OFFERED DULY SECONDED, THAT THE MEETING
ADJOURN UNTIL THE
NEXT REGULARLY SCHEDULED MEETING OF
January 16, 2007 AT THE HOUR OF
6:30 P.M.
QUICK REFERENCES
MEETING AGENDAS
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