House Bill No. [insert number] introduces new legislation under R.S. 40:1602.1, granting parishes and municipalities the authority to declare temporary burn bans during hazardous fire conditions. The bill outlines the process for declaring such bans, which can be enacted through ordinances, resolutions, or emergency proclamations, and mandates that notice of the bans be published in the official parish journal and communicated through various channels. The legislation specifies that the bans may prohibit open burning activities, including yard debris, land clearing, construction debris, and certain recreational fires, while exempting agricultural burning, prescribed burns by certified personnel, and contained cooking or recreational fires.
The bill also establishes civil and criminal penalties for violations of the burn bans. Civil penalties range from $500 for a first offense to $2,500 for subsequent offenses, with each day of violation considered a separate offense. Additionally, individuals whose violations result in property damage exceeding $5,000 may face fines or imprisonment, while those causing damage to critical infrastructure could incur even steeper penalties. Offenders are also liable for restitution for damages and the costs of fire suppression incurred by local authorities. Enforcement of these provisions can be carried out by local law enforcement, fire department personnel, and municipal code enforcement officers.