CROWLEY, LOUISIANA
OCTOBER 16, 2007
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, A. J. Broussard, presiding. At the request of the President, a moment of silence was offered and the Pledge to the Flag was recited in unison. The roll was called and final attendance was recorded as follows:
ALTON STEVENSON
A J BROUSSARD
JOHN HUMBLE SR
CECELIA B. CHAMBERS
JIMMIE PELLERIN
A J CREDEUR
CADE BENOIT
FELTON MOREAUA motion was offered by Mr. Alton Stevenson, seconded by Mrs. Cecelia Chambers, to revise the agenda to consider approve consulting and engineering services for LCDBG sewer applications for FY 2008-2009, authorize proposal from architect for old jail, accept the Criminal Justice Center Project as substantially complete, speed limit on Simmons Gully, approve September bills & financial report, authorizing the hiring of Ms. Rosaline Landry as Receptionist/Technical Office Assistant and a speed limit on Freedom Road. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Cade Benoit, to approve the Minutes of the October 2, 2007, Regular Police Jury Meeting. Motion carried.
FEDERAL/STATE FINANCIAL ASSISTANCE
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. Alton Stevenson, to authorize the advertising for a public hearing to receive comments on proposed changes to the Acadia Parish Long Term Community Recovery Plan. Motion carried.
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to authorize the advertising for a public hearing to receive comments on the Acadia Parish Long Term Community Recovery Plan. Motion carried.
RESOLUTION
BY MESSRS: CADE BENOIT AND JOHN HUMBLE SR
WHEREAS, proposals were received for professional services for the LCDBG 2008-2009 Grant Year, and
WHEREAS, the sole proposal submitted was from Mader Engineering to provide engineering and grant consulting services for sewer improvements.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 16th day of October, 2007, does hereby approve the services of Mader Engineering for consulting and engineering for LCDBG sewer applications for FY 2008-2009.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD SECRETARY-TREASURER PRESIDENT
RESOLUTION
BY: MRS CECELIA CHAMBERS AND MR JOHN HUMBLE SR
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of October, 2007, does hereby authorize the hiring of a contractor or architect to give a cost estimate on the renovation of the old jail complex.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENT
PERSONNEL
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. Alton Stevenson, to authorize the hiring of Mr. Jarrod James as Equipment Operator at the Branch Barn at a starting salary of $8.00 per hour provided all hiring requirements are met. Motion carried.
A motion was offered by Mr. Cade Benoit, seconded by Mr. John Humble, Sr., to authorize advertising for a Bridge Inspector/Sign Man for $8.00 per hour. Motion carried.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Jimmie Pellerin, to promote Ms. Phyllis Klumpp as Human Resource Director at a salary of $11.00 per hour effective October 16, 2007. Motion carried.
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to authorize the hiring of Mr. Gus J. LeJeune as Heavy Equipment Operator at the Acadia Parish Sanitary Landfill at a starting salary of $9.00 per hour and Ms. Judith Pierre-August as Material Handler at the Acadia Parish Recycling Center at a starting salary of $8.00 per hour provided all hiring requirements are met. Motion carried.
A motion was offered by Mr. John Humble, Sr., seconded by Mr. Alton Stevenson, to authorize the hiring of Ms. Rosaline Landry as Receptionist/Technical Office Assistant at a starting salary of $9.00 per hour provided all hiring requirements are met. Motion carried.
PUBLIC FACILITIES/BUILDING & GROUNDS
A motion was offered by Mr. Alton Stevenson, seconded by Mrs. Cecelia Chambers, to have security at all Police Jury Meetings. Motion carried.
RESOLUTION
BY MESSRS: CADE BENOIT AND FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of October, 2007, does hereby authorize the correcting of indexing of Ordinance #923 as it pertains to Building Code Regulations.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENT
RESOLUTION OF ACCEPTANCE
The following resolution was offered by Mrs. Cecelia Chambers, duly seconded by Mr. John Humble, Sr., and duly resolved and adopted on October 16, 2007.
A resolution authorizing and directing the President to execute for and on behalf of the Acadia Parish Police Jury, an Act of Acceptance for Lewing Construction Co., Contractor, pertaining to the completion of the contract, Acadia Parish Jail (Criminal Justice Center), in accordance with the plans and specifications contained in the contract documents pertaining thereto.
WHEREAS, a final inspection on the above referenced project was performed and a punch list of miscellaneous work items to be completed is attached and made a part of this resolution; and
WHEREAS, Lewing Construction Co., as Contractor, has substantially completed the Acadia Parish Jail (Criminal Justice Center), in accordance with the plans and specifications contained in the contract documents pertaining thereto; and
WHEREAS, the Acadia Parish Police Jury desires to accept the completed work;
NOW, THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury that the President of said Acadia Parish Police Jury be, and is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the Acadia Parish Police Jury accepting the work as being substantially completed, and that he be authorized and directed to have a copy of said acceptance recorded in the Conveyance Records of the Parish of Acadia, State of Louisiana.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENTPUBLIC SAFETY
ORDINANCE NO. 946
AN ORDINANCE AMENDING ORDINANCE NO. 844. ORDINANCE
NO. 844 IS HEREBY AMENDED TO REMOVE SPECIFIC BREEDS
OF DOGS AS ITPERTAINS TO DANGEROUS DOGS.ORDINANCE NO. 844 is hereby amended to read as follows: (To facilitate the interpretation of changes made to Ordinance 844, the following indicates words
deleted by dashes through such wordsand indicates words added by underlining such words.)NOW THEREFORE, BE IT ORDAINED BY THE ACADIA PARISH POLICE JURY, IN REGULAR SESSION DULY CONVENED, that:
SECTION 1: DANGEROUS DOGS.
This Ordinance is adopted to promote the public health, safety and general welfare of the citizens of Acadia Parish. It is intended to be applicable to "dangerous" dogs as defined herein,
and to regulate dogs that are commonly referred to as "pit bulls", as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.SECTION 2: DEFINITIONS.
When used in the Ordinance, the following words, terms and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the content clearly indicates a different meaning:
(a) Animal Control Officer means any person employed or appointed by the Parish (including duly commissioned police officers), who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this Ordinance.
(b) At Large means that a dog is not under the direct control of the owner.
(c) Dangerous Dog means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term "dangerous dog" includes any dog that according to the records of the Department of Animal Control or any law enforcement agency:
(1) Has aggressively bitten, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;
(2) Has more than once severely injured or killed a domestic animal while off the owner’s property; or
(3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
(d) Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and bearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
(e) Director means the Secretary/Treasurer of the Acadia Parish Police Jury.
(f) Impoundment means taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer under the provisions of this Ordinance.
(g) Muzzle means a device constructed of strong, soft material or of metal designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
(h)
Pit Bull Dog means and includes any of the following dogs:(1)
The Staffordshire Bull Terrier breed of dogs.(2)
The American Staffordshire Terrier breed of dogs.
(3)
The American Pit Bull Terrier breed of dogs.(4)
Dogs that have the appearance and characteristics of
being predominately of breeds of dogs known as
Staffordshire Bull Terrier, American Pit Bull Terrier, or
American Staffordshire Terrier.(i) Owner means any person, partnership, corporation or other
legal entity owning, harboring, or keeping any animal, or in
the case of a person under the age of eighteen (18), that
person’s parent or legal guardian. An animal shall be deemed
to be harbored if it is fed or, sheltered for three (3) or more
consecutive days. This definition shall not apply to any
veterinary clinic or boarding kennel.(j) Sanitary condition means a condition of good order and
cleanliness to minimize the possibility of disease transmission.(k) Under restraint means that an animal is secured by a leash,
led under the control of a person physically capable of
restraining the animal and obedient to that person’s
commands, or securely enclosed within the real property
limits of the owner’s premises.SECTION 3: PROCEDURE FOR DECLARING A DOG DANGEROUS.
(a) Animal control officer or any adult person may request under
oath that a dog be classified as dangerous as defined in
Section 2(c) by submitting a sworn written complaint on a
form approved by the Director of the Department of Animal
Control. Upon receipt of such complaint, the Director shall
notify the owner of the dog, by certified mail, that a
complaint has been filed and that an investigation into the
allegations as set forth in the complaint will be conducted.(b) At the conclusion of an investigation, the Director may:
(1) Determine that the dog is not dangerous and, if the dog
is impounded, waive any impoundment fees incurred and
release the dog to its owner; or(2) Determine that the dog is dangerous and order the owner
to comply with the requirements for keeping dangerous dogs
set forth in Section 7, and if the dog is impounded, release
the dog to its owner after the owner has paid all fees
incurred for the impoundment. If all impoundment fees have
not been paid within (10) business days after a final
determination that a dog is dangerous, the Director may
cause the dog to be humanely destroyed.SECTION 4: NOTIFICATION OF DANGEROUS DOG DECLARATION.
(a) Within five (5) business days after declaring a dog
dangerous, the Director shall notify the owner by certified
mail of the dog’s designation as a dangerous dog and any
specific restrictions and conditions for keeping the dog, as
set forth in Section 7 of this Ordinance.(b) The notice shall inform the dog owner that he may request,
in writing, a hearing to contest the Director’s finding and
designation within five (5) business days after delivery of
the dangerous dog declaration notice.(c) If the Director cannot with diligence locate the owner of a
dog that has been seized pursuant to this Ordinance, the
Director shall cause the dog to be impounded for not less
than five (5) business days. If after five (5) days, the owner
fails to claim the dog, the Director may cause the dog to be
humanely destroyed.SECTION 5: HEARING ON DANGEROUS DOG DECLARATION.
(a) The Department of Animal Control shall hold a hearing within fifteen
(15) business days after receiving the dog owner’s written
request for such a hearing. The Department shall provide notice of
the date, time and location of the hearing to the dog owner by
certified mail and to the complainant by regular mail.(b) At a hearing, all interest persons shall be given the opportunity to
present evidence on the issue of the dog’s dangerousness .
Criteria to be considered in a hearing required by this Section shall
include but not be limited to the following:(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive history of the dog;
(4) Observable behavior of the dog;
(5) Site and circumstances of the incident, and
(6) Statements from interested parties.
(c) A determination at a hearing that the dog is in fact a dangerous
dog as defined in Section 2(c) shall subject the dog and its
owner to the provisions of this Ordinance.(d) Failure of the dog owner to request a hearing shall result in the
dog being finally declared a dangerous dog and shall subject the
dog and its owner to the provisions of this Ordinance.SECTION 6: APPEAL FROM DANGEROUS DECLARATION.
If the Director determines that a dog is dangerous at the conclusion of a hearing conducted under Section 5, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director’s determination of dangerousness.
SECTION 7: KEEPING OF DANGEROUS DOGS.
The keeping of dangerous dogs is defined in Section 2 (c) shall be subject to the following requirements:
(a) Leash. No person having charge, custody, control or possession of
a dangerous dog shall allow the dog to exit its kennel, pen or other
proper enclosure unless such dog is securely attached to a leash
not more than four (4) feet in length. No such person shall permit
a dangerous dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person capable of controlling the
dog is in physical control of the leash.(b) Muzzle. It shall be unlawful for any owner or keeper of a dangerous
dog to allow the dog to be outside of its proper enclosure unless it
is necessary for the dog to receive veterinary care of exercise. In
such cases, the dog shall wear a properly fitted muzzle to prevent
it from biting humans or other animals. Such muzzle shall not
interfere with the dog’s breathing or vision.(c) Confinement. Except when leashed and muzzled as provided in
this Section, a dangerous dog shall be securely confined indoors
or confined in a locked pen or other secure enclosure that is
suitable to prevent the entry of children and is designed to
prevent the dog from escaping. The enclosure shall include shelter
and protection from the elements and shall provide adequate
exercise room, light and ventilation. The enclosed structure shall
be kept in a clean and sanitary condition and shall meet the
following requirements:(1) The structure must have secure sides and a secure top, or
all sides must be at least eight (8) feet high;(2) Dog must also be on chain in kennel;
(3) The structure must have a bottom permanently attached to
the sides or the sides must be embedded not less than one
(1) foot into the ground; and(4) The structure must be of such material and closed in such a
manner that the dog cannot exit the enclosure on its own.(d) Indoor Confinement. No dangerous dog shall be kept on a porch,
patio or in any part of the house or structure that would allow the
dog to exit such building on its own violation. In addition, no such
dog shall be kept in a house or structure when the windows or
screen doors are the only obstacle preventing the dog from exiting
the structure.(e) Signs. All owners, keepers or haborers of dangerous dogs shall dis
play in a prominent place on their premises a sign easily readable
by the public using the words "Beware of Dog."(f) Animals Born of Registered Dogs. All offspring born of dangerous
dogs registered with the Department of Animals Control also must
be registered with the Department within six (6) weeks of birth.(g) Notification of Escape. The owner or keeper of a dangerous dog
shall notify the Department of Animal Control immediately if such
dog escapes from its enclosure or restraint and is at large. Such
immediate notification shall also be required if the dog bites or
attacks a person or domestic animal.(h) Failure to Comply. It shall be unlawful and a misdemeanor for any
owner of a dangerous dog registered with the Department of
Animal Control to fail to comply with the requirements and
conditions set forth in this Section. Any dog found to be in
violation of this Section shall be subject to immediate seizure and
impoundment. In addition, failure to comply with the requirements
and conditions set forth in this Ordinance shall result in the
revocation of the dog’s license and the permit providing for the
keeping of such animal.SECTION 8: PERMIT AND TAG REQUIREMENT FOR A DANGEROUS DOG.
(a) The owner of a dangerous dog shall, within three (3) business days
after the classification of the dog as dangerous or upon acquisition
of such a dog, obtain an annual permit from the Department of
Animal Control to harbor the dog. The fee for such permit shall be
fifty dollars ($50.00) per year.(b) At the time the permit is issued a red circular tag shall be issued to
the owner of the dangerous dog. The tag shall be worn at all times
by the dog to clearly and easily identify it as a dangerous dog.(c) The permit for maintaining a dangerous dog shall be presented to
an animal control officer upon demand.SECTION 9: PIT BULL DOGS PRESUMED DANGEROUS.
There shall be an irrefutable presumption that any dog registered with the Department of Animal Control as a pit bull dog is a dangerous dog and is therefore subject to the requirements of this Ordinance.SECTION 10: NOTIFICATION OF INTENT TO IMPOUND.
(a) When the Director of Animal Control or his designee intend to
impound a dog declared to be dangerous for violation of Section 7,
he shall notify the owner or custodian of the dog, by certified mail,
of the intended impoundment at least five (5) business days prior
to the intended impoundment, except as provided in Section 11.(b) The notice of intent to impound shall inform the owner or
custodian of the dog that he may request in writing, within five (5)
business days prior to the intended impoundment, a hearing to
contest the intended impoundment and finding of violation.(c) Upon request by the owner or custodian of the dog for a hearing
pursuant to subsection (b), a hearing shall be held within ten (10)
business days after the request for a hearing. Notice of the date,
time and location of the hearing shall be provided by certified mail
to the dog’s owner or custodian requesting such hearing.(d) If the owner or custodian requests a hearing pursuant to
subsection (b), no impoundment shall take place until conclusion of
the hearing, except as authorized in Section 11.SECTION 11: IMMEDIATE IMPOUNDMENT.
(a) A dog declared to be dangerous may be immediately impounded
without a pre-impoundment hearing when the Director of Animal
Control or his designee determines such immediate impoundment is
necessary for the protection of public health or safety. Such
immediate impoundment may be ordered for violation of Section 7
or when the dog bites a person or domestic animal.(b) The owner or custodian of the dog immediately impounded
pursuant to subsection (a) shall be notified of the impoundment by
certified mail within five (5) business days after the dog’s
impoundment.(c) The notice of impoundment shall inform the owner or custodian of
the dog that he may request, in writing, a hearing to contest the
impoundment within five (5) business days after the mailing of the
notice of impoundment.(d) Upon request by the owner or custodian of the dog for a hearing
under subsection (c), a hearing shall be held within ten (10)
business days after such request. Notice of the date, time and
location of the hearing shall be provided by certified mail to the
dog owner requesting the hearing.SECTION 12: IMPOUNDMENT HEARING.
If after a hearing on impoundment, the Director or his designee finds no violation of Section 7, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.
SECTION 13: DESTRUCTION.
(a) The Director of Animal Control or his designee may order the
destruction of a dog that it determines to be extremely dangerous
to public health or safety, a dog that has made an extremely
vicious attack upon an individual, or a dog declared dangerous
whose owner is unable or unwilling to adequately restrain it.(b) The Director or his designee shall give written notice by certified
mail of his intention to destroy such dog to the owner or
custodian of the dog, who may request in writing, within ten (10)
business days after delivery of such notice, a hearing to contest
the intended destruction.(c) If no hearing is requested pursuant to subsection (b), the dog shall
be destroyed pursuant to applicable provisions of law.(d) If a hearing is requested pursuant to subsection (b), such hearing
shall be held within ten (10) business days after the request; and
the dog shall not be destroyed prior to the conclusion of the
hearing.(e) The dog owner shall be responsible for payment of all boarding
costs and other fees as may be required for the Parish to humanely
and safely keep the animal during any legal proceeding.SECTION 14: APPEAL FROM ORDER OF HUMANE DESTRUCTION.
If the Director or his designee orders a dangerous dog to be humanely destroyed pursuant to Section 13, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within fifteen (15) days after receiving notice of the destruction order. If an appeal is timely filed, the Director shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trail de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director’s destruction order.
SECTION 15: CHANGE OF OWNERSHIP.
(a) Any owner of a dangerous dog who sells or otherwise transfers
ownership, custody or residence of the dog shall, within ten (10)
business days after such change of ownership or residence,
provide written notification to the Department of Animal Control of
the name, address and telephone number of the new owner. It
also shall be the responsibility of the person transferring ownership
or custody of the dog to provide written notification of the dog’s
classifications as dangerous to the person receiving the dog. The
previous owner shall furnish a copy of such notification to the
Department of Animal Control along with written acknowledgment
by the new owner of his receipt of such notification. The Director
of Animal Control or his designee shall notify the Chief Executive or
the Police Department of any changes of ownership, custody or
residence of the dog within three (3) business days after receiving
the required information from the previous dog owner.(b) Any person receiving a dog classified as dangerous must obtain the
required permit, tag and enclosure prior to acquisition of the dog.
The new owner shall comply fully with the provisions of this
Ordinance pertaining to obtaining liability insurance, payment of
fees, and maintenance, control and ownership of a dangerous dog.SECTION 16: CONTINUATION OF DANGEROUS DOG DECLARATION.
Any dog that has been declared dangerous by any agency or department of this Parish, another parish municipality or state shall be subject to the provisions of this Ordinance for the remainder of its life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, parish or state government shall notify the Department of Animal Control of the dog’s address and conditions of maintenance within ten (10) days of moving the animal into the Parish of Acadia. The restrictions and conditions of maintenance of any dog declared dangerous by this Parish, another Parish, municipality or state shall remain in force while the dog remains in the Parish.
SECTION 17: CONFLICTING ORDINANCES.
All other Ordinances of the Parish of Acadia which are in conflict with this Ordinance are hereby repealed to the extent of such conflict and specifically Ordinance No. 946 regulating and restricting the keeping of dogs and other animals shall be amended only to the extent that they are in conflict herewith.
SECTION 18: SEVERABILITY.
The provisions of this Ordinance are declared to be severable. If any section, sentence, clause of phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part.
The Ordinance was offered by Mrs. Cecelia Chambers, seconded by Mr. Jimmie Pellerin, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and
Felton Moreau.NAYS: None.
ABSENT: None.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENTORDINANCE #947
AN ORDINANCE PROHIBITING THE STORING OR ABANDONING OF JUNK VEHICLES OR ANY OTHER JUNK, DISCARDED OR ABANDONED MAJOR APPLIANCES ON ANY STREET OR SIDEWALK WITHIN THE PARISH AND ANY UNOCCUPIED PORTION OF A LOT WITHIN A RECOGNIZED SUBDIVISION.
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 1. Definitions - The term "junked, wrecked or used automobiles or motor vehicles" as used herein shall mean any motor vehicle which is totally inoperable, which has been left unattended on any unused portion of an occupied lot, neutral ground, vacant lot, highway, road, street or sidewalk, and is so damaged or dismantled as to be a total loss.
The term "total loss" shall mean that the cost to repair said damaged or dismantled motor vehicle exceeds the junk value, as determined by any recognized national appraisal book.
The term "abandoned major appliance" shall refer to any refrigerator, freezer, range, machinery or other metal, tin or discarded items which are not operable or in use, and which are so damaged or dismantled as to be a total loss and not worth the cost of repairs.
SECTION 2. Prohibited - There is hereby prohibited the storing or abandoning of junk, wrecked or used automobiles or motor vehicles, or any part or parts thereof, or any other junk, discarded or abandoned major appliances, such as refrigerators, freezers, ranges or machinery or other metal, tin or other discarded items, on any street or sidewalk, within the Parish, and any unoccupied portion of a lot within a recognized subdivision.
SECTION 3. Removal by Parish generally.
(a) The Police Jury shall be responsible for the administration of this article and shall remove or cause to be removed from the highways, roads, and sidewalks in the Parish, or any unoccupied portion of a lot within a recognized subdivision, all junked, wrecked or used automobiles or motor vehicles or any other junk, discarded or abandoned major appliances, such as refrigerators, freezers, ranges or machinery or any other metal, tin, or discarded items.
(b) Prior to the removal of any such vehicle or major appliance the Police Jury shall give notice that if such vehicle or appliance remains on the public ways or on any unoccupied portion of a lot within a recognized subdivision, described above for ten (10) days after such notice it shall be considered public property and removed from the highway, road or street, or any unoccupied portion of a lot within a recognized subdivision on which it is located and sold for junk. The notice shall further state the following:
(1) The date the notice was placed on the vehicle and/junk;
(2) The date the ten (10) days will expire;
(3) That any person claiming to have an interest in the vehicle,
appliance or junk should contact the Police Jury.(c) In the case of a junked, wrecked or used automobile or motor vehicle the notice shall be placed on the vehicle itself or given to its owner, if known.
(d) The Police Jury, after the time provided herein has expired, shall remove or cause to be removed the junked, wrecked or used automobile or motor vehicle or the junked, discarded or abandoned major appliance from the highway, road, street, or any unoccupied portion of a lot within a recognized subdivision, where the same is located, and may convey same to a scrap iron dealer approved by it for sale as scrap iron.
SECTION 4. Collection of removal costs from owner of material - The cost of the removal of any abandoned junk, not to exceed one hundred dollars ($100.00), may be collected from the owner of such material by civil action in a court of competent jurisdiction.
SECTION 5. Records of vehicles - A complete record shall be kept of all junked, wrecked or used automobiles or motor vehicles removed from highways, roads, streets with the details as to the date of placing the ten (10) day notices, the date of removal from the highways, roads or streets, and the names and addresses of the scrap iron dealers to whom they were taken or who picked them up.
SECTION 6. Reports to state.
A report shall be furnished to the Director of the Motor Vehicle Division of the Department of Revenue, State of Louisiana, each month, with the following information:
(1) The location where the junked, wrecked or used automobile or motor vehicle was abandoned.
(2) All identification information available.
(3) Date of sale and name and address of scrap iron dealer who
purchased the junked, wrecked or used motor vehicle.SECTION 7. Contract for removal - For the purpose of carrying out the provisions of this article the President of the Police Jury and the Police Jury’s Secretary are hereby authorized to enter into an agreement with an approved towing service for the removal of abandoned, wrecked or used automobiles or motor vehicles from the highways, roads, streets and any unoccupied portion of a lot within a recognized subdivision of the Parish.. This towing service shall act for and be the agent of the Police Jury in the removal of such vehicles. Any such agreement shall be approved by the President and Secretary and by the District Attorney as to form and legality.
SECTION 8. Use of proceeds of sales - The proceeds received by the Police Jury from the sale of property pursuant to the provisions of this article shall accrue to the Police Jury’s General Fund.
Notice of public hearing having been published on September 6th & 13th, 2007, said hearing having been heard, the title having been read and the Ordinance considered on a motion by Mr. Alton Stevenson, seconded by Mrs. Cecelia Chambers, to adopt the Ordinance; the following vote was cast:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and
Felton Moreau.NAYS: None.
ABSENT: None.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A.J. Broussard
JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENT
ORDINANCE #948
FEE SCHEDULE FOR ACADIA PARISH FIRE DEPARTMENTS
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:
The following Fee Schedule shall apply to all Acadia Parish Fire Departments and/or Districts for reimbursement of services by FEMA:
LADDERS:
Structure Fire Calls $750.00
Car/Grass/Rescue Calls $500.00
Stand-by or Good Intent $250.00PUMPERS:
Structure Fire Calls $500.00
Car/Grass/Rescue Calls $300.00
Stand-by or Good Intent $150.00MINI-PUMPERS:
Structure Fire Calls $300.00
All other calls $150.00
Stand-by or Good Intent $ 90.00
TANKERS:
Structure Fire Calls $350.00
All other calls $200.00SERVICE UNITS/RESCUE UNITS:
Structure Fire Calls $300.00
All other calls $175.00RESCUE BOATS:
All rescue calls $200.00POWER AND/OR LIGHT PLANTS:
Structure Fire Calls $ 75.00
Rescue calls $115.00HAZARDOUS MATERIAL RESPONSE:
Add Apparatus Charge Plus
a Hourly Rate of $75.00 Per HourFALSE ALARM CALLS:
1st Call No Charge
2nd Call Warning Letter
3rd Call Charge According to Apparatus on Scene
4th Call Charge According to Apparatus on Scene
5th Call $3,000.00
Every Call After Add $500.00
These charges are to be billed direct to alarm companiesPERSONNEL CHARGES
Chief Officers $17.35 per hour
Line Officers $16.25 per hour
Firefighters $15.65 per hourThe Ordinance was offered by Mr. Cade Benoit, and seconded by Mrs. Cecelia Chambers, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and
Felton Moreau.NAYS: None.
ABSENT: None.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD
INTERIM SECRETARY PRESIDENTPUBLIC WORKS/ROAD & BRIDGE
ORDINANCE #949
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON HARMON ROAD IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF TWENTY-FIVE MILES PER HOUR, AND, PROVIDING FOR THE PENALTIES FOR THE VIOLATION THEREOF.
SECTION 1. BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana, that it shall be unlawful for any person to operate or drive a motor vehicle in excess of twenty-five miles per hour on the following described Parish Road:
Harmon Road
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of twenty-five miles per hour on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined not more than Fifty Dollars ($50) or be imprisoned not more than ten (10) days or both.
SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict are hereby repealed.
The Ordinance was offered by Mrs. Cecelia Chamber, and seconded by Mr. Felton Moreau, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and
Felton Moreau.NAYS: None.
ABSENT: None.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENT
A motion was offered by Mr. Alton Stevenson, seconded by Mrs. Cecelia Chambers, to authorize the installation of culverts and a catch basin at the LeGros Memorial Airport at an estimated cost of $6,487.79. Motion carried.
RESOLUTION OF TERMINATION
The following resolution was offered by Mr. Cade Benoit, duly seconded by Mrs. Cecelia Chambers, and duly resolved and adopted on October 16, 2007.
A resolution authorizing and directing the President to execute for and on behalf of the Acadia Parish Police Jury, a Notice of Termination for W. E. McDonald & Sons, L.L.C., Contractor, pertaining to the completion of the contract for "Acadia Parish Phase III-B Road Improvement Program" in accordance with the plans and specifications contained in the contract documents pertaining thereto.
WHEREAS, a final inspection on the above referenced project was performed and a punch list of miscellaneous work items to be completed is attached and made a part of this resolution; and
WHEREAS, W. E. McDonald & Sons, L.L.C., as Contractor, has substantially completed the "Acadia Parish Phase III-B Road Improvement Program" in accordance with the plans and specifications contained in the contract documents pertaining thereto; and
WHEREAS, the Acadia Parish Police Jury desires to accept the completed work;
NOW, THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury that the President of said Acadia Parish Police Jury be, and is hereby empowered, authorized and directed to execute a Notice of Termination for and on behalf of the Acadia Parish Police Jury accepting the work as being substantially completed, and that he be authorized and directed to have a copy of said acceptance recorded in the Conveyance Records of the Parish of Acadia, State of Louisiana.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENT
RESOLUTION
BY: MRS CECELIA CHAMBERS AND MR FELTON MOREAU
BE IT RESOLVED: by the Acadia Parish Police Jury in regular session duly convened this 16th day of October, 2007, does hereby accept the thirty (30) foot right of way/drainage servitude granted by Charles W. Broussard to Acadia Parish, along Charles W. Broussard’s property which borders Greenland Park Subdivision.
BE IT FURTHER RESOLVED that the Acadia Parish Police Jury hereby authorizes the President of the Acadia Parish Police Jury to execute any and all documents necessary to effectuate the acceptance of the above mentioned right-of-way/drainage servitude.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENTMrs. Cecelia Chambers wanted to clarify that Mr. Charles Broussard is not related to her late husband David Broussard.
ORDINANCE #950
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON SIMMONS GULLY ROAD IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF TWENTY MILES PER HOUR, AND, PROVIDING FOR THE PENALTIES FOR THE VIOLATION THEREOF.
SECTION 1. BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana, that it shall be unlawful for any person to operate or drive a motor vehicle in excess of twenty miles per hour on the following described Parish Road:
Simmons Gully Road
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of twenty miles per hour on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined not more than Fifty Dollars ($50) or be imprisoned not more than ten (10) days or both.
SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict are hereby repealed.
The Ordinance was offered by Mr. John Humble, Sr., and seconded by Mrs. Cecelia Chambers, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and
Felton Moreau.NAYS: None.
ABSENT: None.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENTORDINANCE #951
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE OR DRIVE A MOTOR VEHICLE UPON FREEDOM ROAD IN ACADIA PARISH, LOUISIANA, AT A SPEED IN EXCESS OF FIFTEEN MILES PER HOUR, AND, PROVIDING FOR THE PENALTIES FOR THE VIOLATION THEREOF.
SECTION 1. BE IT ORDAINED by the Police Jury of Acadia Parish, Louisiana, that it shall be unlawful for any person to operate or drive a motor vehicle in excess of fifteen miles per hour on the following described Parish Road:
Freedom Road
SECTION 2. BE IT FURTHER ORDAINED that any person found guilty of operating or driving a motor vehicle in excess of fifteen miles per hour on the Parish road described above, shall be guilty of a misdemeanor, and upon conviction therefore, shall be fined not more than Fifty Dollars ($50) or be imprisoned not more than ten (10) days or both.
SECTION 3. BE IT FURTHER ORDAINED that any laws or parts of laws in conflict are hereby repealed.
The Ordinance was offered by Mr. A. J. Credeur, and seconded by Mr. Jimmie Pellerin, after being read and considered section by section, was adopted as a whole by the following vote:
YEAS: Alton Stevenson, A. J. Broussard, John Humble, Sr., Cecelia
Chambers, Jimmie Pellerin, A. J. Credeur, Cade Benoit and
Felton Moreau.NAYS: None.
ABSENT: None.
ADOPTED: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard
JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENTFINANCE
A motion was offered by Mr. Jimmie Pellerin, seconded by Mrs. Cecelia Chambers, to accept the September Financial Report and approval of the October bills. Motion carried.
SOLID WASTE/ENVIRONMENTAL
RESOLUTION
BY MESSRS: ALTON STEVENSON AND JOHN HUMBLE SR
WHEREAS, the Acadia Parish Police Jury advertised for bids to be received for Parish-wide Collection, Transportation and Disposal of Solid Waste, and
WHEREAS, bids were submitted by the following firms for Proposal No. 4:
TOTAL BID PRICE
BIDDER (dollars per month)BFI Services, LLC/Allied Waste $276,101.90
IESI LA Corporation $189,085.72
SWDI $189,347.32THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 16th day of October, 2007, does hereby accept the bid submitted by IESI LA Corporation in the amount of One Hundred Eighty-nine Thousand Eighty-five and 72/100 ($189,085.72) Dollars per month for Parish-wide Collection, Transportation and Disposal of Solid Waste in Acadia Parish, Louisiana.
BE IT FURTHER RESOLVED that the President, A. J. Broussard, is hereby empowered, authorized and directed to enter into the Contract with IESI LA Corporation, for the Parish-wide Collection, Transportation and Disposal of Solid Waste in Acadia Parish, Louisiana with services commencing March 1, 2008, and ending five (5) years thereafter, unless terminated or extended under the terms and conditions of the Contract.
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: OCTOBER 16, 2007
ATTEST:
/s/ Joey Webb /s/ A. J. Broussard JOEY WEBB A. J. BROUSSARD INTERIM SECRETARY PRESIDENT
LITIGATION
A motion was offered by Mrs. Cecelia Chambers, seconded by Mr. John Humble, Sr., to adjourn into executive session to discuss Nicholas Anthony Bellard vs. Acadia Parish Police jury et al., Docket #86530-K. Motion carried.
The President reconvened the meeting.
Legal Counsel Doug Wimberly stated that special counsel would have to be appointed for this case because he will be a witness.
A motion was offered by Mr. John Humble, Sr., seconded by Mrs. Cecelia Chambers, to appoint André Doguet as Special Legal Counsel for the Jury regarding litigation involving Nicholas Anthony Bellard vs. Acadia Parish Police Jury et al., Docket #86530-K. Motion carried.
The Sales Tax Report was presented for the month of September, 2007. The report indicated a gross receipt of $722,254.67 an increase of $329,860.36 from September, 2006.
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 NOVEMBER 20, 2007, AT THE HOUR OF 6:30 P.M.
INTERIM SECRETARY PRESIDENT
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