?ORDINANCE NO. 975
CHARTER SERIES
AN ORDINANCE AMENDING CHAPTER 18, STREETS AND SIDEWALKS, TO ADD ARTICLE IV, DRAINAGE, DITCHES AND CANALS, OF THE CODE OF ORDINANCES OF THE CITY OF DEQUINCY AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, Chapter 18, Streets and Sidewalks, governs regulations for streets and sidewalks; and
WHEREAS, the City Council of the City of DeQuincy, Louisiana (“City”) and the Mayor find it appropriate that Chapter 18, Streets and Sidewalks, of the Code of Ordinances be amended to add Article IV, Drainage, Ditches and Canals, as follows:
Article IV. Drainage, Ditches and Canals
WHEREAS, the City Council of the City of DeQuincy, Louisiana (“City”) and the Mayor find it appropriate that Chapter 18, Streets and Sidewalks, Article II, Excavations, of the Code of Ordinances be amended as follows:
Sec. 18-42. – Superintendent of public works’ authority.
The superintendent of public works or such other person designated by the mayor and council shall have authority to perform continuous digging on ditches on town property without interference by abutting property owners.
Sec. 18-43. – Permits required for installation or reinstallation of pipes, etc.
(a) Prior to the installation in any drainage ditch or canal maintained by authority of the mayor and council of any culvert, pipe, other drainage device or drainage structure, a permit for such installation shall be obtained from City Hall and superintendent of public works, who shall inform the applicant of the proper size culvert or pipe or other device or structure required to be installed at the particular location where such installation is contemplated, after such superintendent shall have referred to charts or lists prepared for him by engineers, or after the superintendent has obtained advice of engineers in cases in which his charts or lists do not indicate the proper size for the contemplated location.
(b) After any culvert, pipe or other drainage device or drainage structure previously installed has been removed by authority of the mayor and council in order to enlarge, clean out or otherwise work or rework any drainage ditch or drainage canal opened or maintained by authority of the mayor and board of aldermen, such culvert, pipe or other device or structure shall not be reinstalled until a permit therefor has been obtained as in the case of an original installation; and such reinstallation shall be permitted only when the proper size culvert, pipe or other device or structure is used.
Sec. 18-44. – Installation of undersized pipes, etc., prohibited.
The installation in any drainage ditch or drainage canal opened or maintained by authority of the mayor and council, of any pipe, culvert or other drainage device or drainage structure having a size or opening too small to permit the free flow of water in such ditch or canal through such drain at all times is prohibited.
Sec. 18-45. – Determination of proper size pipes, etc.
The proper size of a culvert, pipe or other drainage device or structure as referred to in section 18-44 shall be determined according to generally accepted engineering methods, practices and experience, taking into consideration such things as the size of the drainage ditch or canal, the amount of water which flows and which is expected to flow through such ditch or canal in extremely wet weather and seasons of exceptionally heavy rainfall, the number of tributary drains which empty into such ditch or canal, the size of territory served by such ditch or canal and its tributaries, and similar circumstances which would affect the flow or the volume of drain water through such ditch or canal.
Sec. 18-46. – Order to remove undersized pipe and install proper size, performance of work by
In the event any culvert, pipe or other drainage device or drainage structure has been installed and it is thereafter determined to be too small, according to the methods indicated by section 18-45, at its location in any drainage ditch or drainage canal opened or maintained by authority of the mayor and council, the owner or occupant of the property for which same has been installed and which it is serving may be notified by the mayor or clerk to remove the same and to install in its place one of sufficient size; and if such pipe, culvert or other such device or structure has not been removed within fifteen (15) days from the delivery of notice to such owner or occupant, the mayor may order the removal of same and may designate an agent of the city for the purpose of removing same from the ditch or canal and may also charge owner cost for this service. The city may also remove and deposit pipe on an owner’s property.
Sec. 18-47. – Violations of article.
The following shall constitute violations of the provisions of this article:
(1) The making of any installation prohibited by section 18-44.
(2) The installing of any pipe, culvert, or other drainage device or drainage structure in any drainage ditch or drainage canal opened or maintained by authority of the mayor and council without first obtaining a permit therefor as required under the provisions of section 18-43.
(3) The installation of any such pipe, culvert or other drainage device or structure of a size smaller than that specified in the permit (but the installation of a larger size than that specified shall be permitted).
(4) The failure to remove any such installation from any such ditch or canal within fifteen (15) days from receiving notice to remove same in accordance with the provisions of section 18-46, without having just and reasonable cause for such failure; and the penalty for violation shall be $250.00 in addition to the cost of removal as provided in such section.
(5) The causing of any of above prohibited acts to be done by others as agents or employees of the person for whom such act is done or the person who will benefit from such prohibited act or receive the use of such prohibited installation.
(6) The property owner’s knowingly permitting any such prohibited act by his lessee, tenant or other occupant, or by other parties for such property owner, when it is within the power of such property owner to prevent such prohibited act.
Secs. 18-48—18-55. – Reserved.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of DeQuincy that Chapter 18, Streets and Sidewalks, Article II, Excavations, of the Code of Ordinances of the City of DeQuincy is hereby amended as stated above.
BE IT FURTHER ORDAINED that all ordinances and parts of ordinances in conflict herewith be, and the same are hereby, repealed.
Said Ordinance having been introduced on the 9th day of September, 2024, by notice of Public Hearing having been published on the 9th day of October, 2024, said Public Hearing having been held 14th day of October, 2024, title having been read and Ordinance considered, on motion by Scott Wylie, seconded by Jim Smith to adopt the Ordinance. A record vote was taken, and the following result was had:
YEAS: 5
NAYS: 0
ABSENT: 0
This Ordinance was declared duly adopted this 14th day of October, 2024.
/s/ Riley Smith
Riley Smith
Mayor
/s/Sherri Breaux Sherri Breaux
Secretary of the Council
and City Clerk
/s/ Bobby Dahlquist
Bobby Dahlquist
Council ChairmanI certify that the above and foregoing constitutes a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on October 14, 2024, at which meeting a quorum was present and voted in favor of said Ordinance.
/s/ Sherri Breaux
Sherri Breaux
Secretary of the Council
and City Clerk
Run: Oct. 23, 2024 (O-10)
