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Regular Session, 2014
SENATE BILL NO. 452
BY SENATOR CHABERT
SPECIAL DISTRICTS. Provides relative to multi-parish fresh water districts. (8/1/14)
AN ACT1
To enact Part XV-B of Chapter 13 of Title 38 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 38:3086.31 through 3086.36, relative to fresh water districts;3
to provide additional powers, duties, authorities, and functions; to provide4
conditions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Part XV-B of Chapter 13 of Title 38 of the Louisiana Revised Statutes of7
1950, comprised of R.S. 30:3086.31 through 3086.36, is hereby enacted to read as follows:8
PART XV-B. FRESH WATER DISTRICTS - MISCELLANEOUS9
§3086.31. Definitions10
As used in this Part, the following terms and phrases shall have the11
following meanings, unless the context requires otherwise:12
(1) "Board" means the board of commissioners, the governing authority13
of a district.14
(2) "District" means a fresh water district created by law which includes15
more than one parish.16
(3) "Waterway" means the navigable bayou or river, or portion thereof,17 SB NO. 452
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located within the geographical boundaries of the district.1
§3086.32. Enforcement jurisdiction2
A district shall have jurisdiction to regulate activity and have its penal3
ordinances enforced on all property along the waterway five hundred feet in4
each direction perpendicular to the center line of the waterway within the5
district.6
§3086.33. Ability to be sued; not waiver of immunity7
The power of a district to be sued shall not constitute a waiver of the8
governmental immunity to which the district is entitled.9
§3086.34. Beautification program10
A district, through its board of commissioners, shall have power to take11
the necessary steps to effectuate a program of beautification of the area within12
the jurisdiction of the board, particularly but not limited to the banks of the13
waterway, including the necessary police power and authority to adopt14
ordinances setting forth penalties for violation thereof in connection with such15
program. For the purposes of this Section "beautification" shall have the16
following meaning: any method, procedure, or program which has the effect of17
creating more pleasant surroundings.18
§3086.35. Powers19
In order to accomplish the purposes of the district, the board may make20
and enforce such rules, regulations, and ordinances, it shall deem necessary and21
advisable:22
(1) To protect and preserve the works, improvements and properties23
owned and controlled by the district, prescribe the manner of their use by24
persons and entities, and preserve order within and adjacent thereto.25
(2) To protect and preserve the water of the waterway from any26
substance or act which would render the water unfit for the objectives and27
purposes of the district.28
(3)(a) To protect and preserve from pollution the water of the waterway;29 SB NO. 452
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and for purposes of this Section, the following shall be considered pollution:1
(i) "Ashes" includes the solid residue resulting from the combustion of2
all fuels used for heating, cooking, and the production of power in any public3
or private establishment, institution, or residence.4
(ii) "Garbage" includes all putrescible waste matter except sewage and5
recognizable industrial byproducts and includes putrescible vegetable matter,6
animal offal, and animal carcasses.7
(iii) "Refuse" includes garbage, rubbish, ashes, animal and vegetable8
waste from animal quarters, and all other waste matter, except sewage, from9
any public or private establishment, institution, or residence.10
(iv) "Rubbish" includes all nonputrescible waste matter, except ashes,11
from any public or private establishment, institution, or residence.12
(v) "Untreated sewage" includes animal feces and urine as well as any13
material contaminated by animal body discharges and waste feed stuff which14
has not been subjected to proper primary treatment.15
(vi) Any other substance in concentrations which tend to degrade the16
chemical, physical, biological, or radiological integrity of the waters of the17
waterway.18
(b) Any action by the board pursuant to Item (3)(v) of this Section shall19
be subject to review by the courts.20
(4) To protect and prohibit any person, company, or governmental entity21
from abandoning any boat, barge, scow, raft, or other marine vessel upon or in22
the waterway or voluntarily or carelessly sinking or allowing to be sunk any23
vessel in the waterway or failing to remove any sunken vessel from the24
waterway after having been requested to do so in writing.25
(5) To prohibit any person or entity from erecting, locating, constructing,26
or using any building or structures within the district where same may threaten27
the objectives and purposes of the district until a permit has been approved by28
the board.29 SB NO. 452
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(6)(a) To prohibit any person from knowingly or willfully emptying or1
draining or permitting to be drained from any pump, reservoir, well or oil field2
into the waterway any oil, salt water, or other noxious, toxic, hazardous, or3
poisonous gas, liquid, or substance which would render the water of the4
waterway unfit for the objectives and purposes of the district or for human5
consumption or would destroy aquatic and fish life in the waterway.6
(b) Each and every day that oil, salt water, or other substances are7
permitted to empty, drain, or flow into the waterway shall constitute a separate8
and distinct offense.9
(7) To acquire by purchase, donation, lease, or otherwise and to hold and10
use any real, personal, or mixed property, whether tangible or intangible, or11
any interest therein necessary or desirable for carrying out the objectives and12
purposes of the district, and to sell, lease, transfer, and convey any property or13
interest therein at any time acquired by it.14
(8) To expropriate in the same manner as levee districts pursuant to R.S.15
38:351 et seq.16
(9) Notwithstanding any provision of law to the contrary and in17
particular R.S. 34:851.27, upon declaration of an emergency by the board that18
the size and speed of boats traveling through the waterway needs to be19
regulated to protect the integrity of the banks of the waterway due to low water20
levels or other event causing the banks to be in peril of erosion or instability, to21
implement and enforce, by penal ordinance, a "no wake zone" as that term is22
commonly understood in marine terminology and to limit the size of vessels23
permitted to travel on certain areas of the waterway until such time as the24
emergency has passed. This power is not intended to supersede or otherwise25
interfere with the authority of the Department of Wildlife and Fisheries except26
during emergencies declared by the board.27
(10) To exercise all powers necessary for carrying out the objectives and28
purposes of the district by enacting ordinances or otherwise and adopting rules29 SB NO. 452
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and regulations for the conduct, management, and control of its operations and1
functions, the structures and other facilities within its jurisdiction or under its2
administration, and for the government thereof, which the board may find to3
be necessary or proper in the exercise of the powers now conferred upon it by4
the constitution and statutes of the state, and shall, from time to time, enlarge,5
modify or change such rules and regulations, including but without limiting the6
generality of the foregoing, the following:7
(a) For the safety and efficiency of its operations.8
(b) To protect property, life, and the welfare of its employees and the9
public.10
(c) To control, use, and protect its real property and equipment and11
other facilities and improvements and appurtenances thereto, within its12
jurisdiction or under its administration.13
(d) To control, regulate, and protect the channel and banks of the14
waterway from erosion, decay, or destruction.15
(e) To control and regulate the pumping of or flowing of water into the16
waterway from adjacent or nearby canals, drainage systems, bayous, ditches,17
streams, tributaries, or other sources which empty or are pumped into the18
waterway.19
§3086.36. Enforcement of penal ordinances20
A.(1) All penal ordinances contemplated by this Part which are enacted21
by the board shall be enforceable by any local law enforcement authority having22
jurisdiction over the area and by the Louisiana State Police and shall be23
prosecuted by the district attorney in the parish where the offense occurred.24
(2) Any ordinance may contain penalties, including a fine, not to exceed25
five hundred dollars or imprisonment not to exceed six months, or both fine and26
imprisonment, in the discretion of the court. 27
B. The district court with criminal jurisdiction in the parish where the28
offense occurred shall have jurisdiction over the trial and punishment of all29 SB NO. 452
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violations of ordinances enacted by the board.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Chabert (SB 452)
Proposed law provides additional powers, duties, authorities, and functions for statutorily
created fresh water districts which include more than one parish.
Defines "waterway" as the navigable bayou or river, or portion thereof, located within the
geographical boundaries of the district.
Provides that a district shall have jurisdiction to regulate activity and have its penal
ordinances enforced on all property along the waterway 500 feet in each direction
perpendicular to the center line of the waterway within the district.
Provides that the ability of a district to be sued shall not constitute a waiver of the
governmental immunity to which the district is entitled.
Provides that the board of commissioners may effectuate a beautification program of the area
within its jurisdiction, particularly but not limited to the banks of the waterway, including
the necessary police power and authority to adopt ordinances setting forth penalties for
violation thereof in connection with such program. Provides that "beautification" shall mean
any method, procedure, or program which has the effect of creating more pleasant
surroundings.
Provides that in order to accomplish the purposes of the district, the board may make and
enforce such rules, regulations, and ordinances, it shall deem necessary and advisable:
(1) To protect and preserve the works, improvements and properties owned and
controlled by the district, prescribe the manner of their use by persons and entities,
and preserve order within and adjacent thereto.
(2) To protect and preserve the water of the waterway from any substance or act which
would render the water unfit for the objectives and purposes of the district.
(3)(a)To protect and preserve from pollution the water of the waterway; and for
purposes of proposed law, the following shall be considered pollution:
(i)"Ashes" includes the solid residue resulting from the combustion of
all fuels used for heating, cooking, and the production of power in
any public or private establishment, institution, or residence.
(ii)"Garbage" includes all putrescible waste matter except sewage and
recognizable industrial byproducts and includes putrescible vegetable
matter, animal offal, and animal carcasses.
(iii)"Refuse" includes garbage, rubbish, ashes, animal and vegetable
waste from animal quarters, and all other waste matter, except
sewage, from any public or private establishment, institution, or
residence.
(iv)"Rubbish" includes all nonputrescible waste matter, except ashes,
from any public or private establishment, institution, or residence. SB NO. 452
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words in boldface type and underscored are additions.
(v)"Untreated sewage" includes animal feces and urine as well as any
material contaminated by animal body discharges and waste feed
stuff which has not been subjected to proper primary treatment.
(viAny other substance in concentrations which tend to degrade the
chemical, physical, biological, or radiological integrity of the waters
of the waterway.
(b)Any action by the board regarding untreated sewage shall be subject to
review by the courts.
(4)To protect and prohibit any person, company, or governmental entity from
abandoning any boat, barge, scow, raft, or other marine vessel upon or in the
waterway or voluntarily or carelessly sinking or allowing to be sunk any vessel in the
waterway or failing to remove any sunken vessel from the waterway after having
been requested to do so in writing.
(5) To prohibit any person or entity from erecting, locating, constructing, or using any
building or structures within the district where same may threaten the objectives and
purposes of the district until a permit has been approved by the board.
(6)(a) To prohibit any person from knowingly or willfully emptying or draining or
permitting to be drained from any pump, reservoir, well or oil field into the waterway
any oil, salt water, or other noxious, toxic, hazardous, or poisonous gas, liquid, or
substance which would render the water of the waterway unfit for the objectives and
purposes of the district or for human consumption or would destroy aquatic and fish
life in the waterway.
(b)Each and every day that oil, salt water, or other substances are permitted to
empty, drain or flow into the waterway shall constitute a separate and distinct
offense.
(7) To acquire by purchase, donation, lease, or otherwise and to hold and use any real,
personal, or mixed property, whether tangible or intangible, or any interest therein
necessary or desirable for carrying out the objectives and purposes of the district, and
to sell, lease, transfer, and convey any property or interest therein at any time
acquired by it.
(8)To expropriate in the same manner as levee districts pursuant to R.S. 38:351 et seq.
(9) Notwithstanding any provision of law to the contrary and in particular R.S.
34:851.27, upon declaration of an emergency by the board that the size and speed of
boats traveling through the waterway needs to be regulated to protect the integrity
of the banks of the waterway due to low water levels or other event causing the
banks to be in peril of erosion or instability, to implement and enforce, by penal
ordinance, a "no wake zone" as that term is commonly understood in marine
terminology and to limit the size of vessels permitted to travel on certain areas of the
waterway until such time as the emergency has passed. This power is not intended
to supersede or otherwise interfere with the authority of the Department of Wildlife
and Fisheries except during emergencies declared by the board.
(10) To exercise all powers necessary for carrying out the objectives and purposes of the
district by enacting ordinances or otherwise and adopting rules and regulations for
the conduct, management, and control of its operations and functions, the structures
and other facilities within its jurisdiction or under its administration, and for the
government thereof, which the board may find to be necessary or proper in the
exercise of the powers now conferred upon it by the constitution and statutes of the
state, and shall, from time to time, enlarge, modify or change such rules and SB NO. 452
SLS 14RS-788 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
regulations, including but without limiting the generality of the foregoing, the
following:
(a) For the safety and efficiency of its operations.
(b) To protect property, life, and the welfare of its employees and the public.
(c) To control, use, and protect its real property and equipment and other
facilities and improvements and appurtenances thereto, within its jurisdiction
or under its administration.
(d) To control, regulate, and protect the channel and banks of the waterway from
erosion, decay, or destruction.
(e) To control and regulate the pumping of or flowing of water into the
waterway from adjacent or nearby canals, drainage systems, bayous, ditches,
streams, tributaries, or other sources which empty or are pumped into the
waterway.
Provides that all penal ordinances contemplated by proposed law enacted by the board shall
be enforceable by any local law enforcement authority having jurisdiction over the area and
by the La. State Police and shall be prosecuted by the district attorney in the parish where
the offense occurred. Provides that any ordinance may contain penalties, including a fine,
not to exceed $500 or imprisonment not to exceed six months, or both fine and
imprisonment, in the discretion of the court. Provides that the district court with criminal
jurisdiction in the parish where the offense occurred shall have jurisdiction over the trial and
punishment of all violations of board ordinances.
Effective August 1, 2014.
(Adds R.S. 38:3086.31-3086.36)