Plaquemines Parish Votes to ban Mud boats on Public and Private Property

Verbatim from May 14 Meeting agenda –“An Ordinance prohibiting commercial and recreational mud boats from trespassing on public and private property located within the boundaries of Plaquemines Parish, without the written permission of the land owners and to establish enforcement provisions; and otherwise to provide with respect thereto. COUNCIL MEMBER WILLIAMS.”
Passed unanimously - One council member absent

Wow!!! That sucks.

Public land....like Pass a L'Outre...the state gives you permission.

Then, who's gonna enforce?


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How would you get to that state management area that's not on parish public land?

If that's the exact wording of the law or ordinance, you're fine. All it prevents is TRESPASSING with a mudboat.

Trespassing isn't legal to begin with, regardless of type of boat or motor. As long as you aren't trespassing, you won't have a problem.

That will be $150.00, please.

Best Regards,

TGunn, Esq.

All the land in Delacroix is private. You couldn't even get to your lease without permission from numerous land owners permission. Y'all are missing the point......it's just the gun bans; It snowballs. They were successful with the Biloxi Marsh ban now they all feel embolden. But keep posting the videos of jumping land in the marsh...... Guidry. You are hereby declared the president of the Mud Motor Association so use your time wisely to help the cause instead of the time consuming crap you spew now. These are Louisiana companies that will be hurting not to mention all of us who's rigs will decrease in value. We need to fight back NOW!

Plaquemines parish mud run?


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Wait, I thought everyone hated Guidry? You guys need to make up your mind.

Is anyone putting a petition together?


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What the hell is a "mud boat", really? I have a fishing and hunting aluminum boat.

Don't put it on public land, keep it in navigable waterways. If you're churning mud you're on land.

wouldn't private land owners want this?

making it illegal to have some asshole running on your hunting ground or does this extend to fishing/bowfishing/frogging out of your rig as well in said area as well? now that would suck

I'm good, I don't have a mud boat. I have a "pro drive outboard" lol

*^^^ exactly. I have a multi purpose boat and motor that is just tough as hell.

Does this include pass a loture as well?

It has not been signed by the parish president who can veto it.

I did some checking, I know a little about these agendas and such having worked closely with my own city government. I found out that is was Councilwoman Williams that put this on the agenda, so I am sure she is the one with the ordinance. I decided to call her office to have some clarification on what she was intending with it. Of course she was not in. So I left a message, if I do not get a call by Wednesday, I will call again.

Here's the entire ordinance. Land owner must post No Trespassing signs to be effective. I'm not sure what will happen on public lands or public navigable waterways. By special statute, Placqmines Parish was granted the right to regulate all commercial and private water ways and bodies withing its boudnaries, so maybe they can stop mudboats everywhere, but they've got to put up signs. I suppose a few strategically placed no trespassing signs on public waters could effectively cut off all access to public waters for mudboats.

ORDINANCE NO. 15-63
The following Ordinance was offered by Council Member Williams who moved its adoption:
An Ordinance prohibiting commercial and recreational mud boats from trespassing on public and private property located within the boundaries of Plaquemines Parish, without the written permission of the land owners and to establish enforcement provisions; and otherwise to provide with respect thereto.
WHEREAS, numerous complaints have been received regarding the operation of commercial and recreational mud boats on private and public property within the boundaries of Plaquemines Parish without the owner’s permission; and
WHEREAS, the operation of commercial and recreational mud boats on private and public property creates an unnecessary risk of damage to the property and the possible endangerment of human life; and
WHEREAS, the purpose of this Ordinance is to eliminate the harm to health and property within Plaquemines Parish and is designed to safeguard the health, safety and welfare of the citizens and to protect private and public property; and
WHEREAS, LSA R.S. 34:851.27 (B) (7) provides Plaquemines Parish with the authority to regulate the operation of commercial and recreational mud boats within the boundaries of Plaquemines Parish, including minimum requirements for the commercial and recreational use, equipment, speed, registration, inspection, licenses and fees, violations and penalties;
NOW, THEREFORE:
BE IT ORDAINED BY THE PLAQUEMINES PARISH COUNCIL THAT:
SECTION 1
Definitions.
For the purpose of this Ordinance, the following definitions shall apply, unless the context clearly indicates a different meaning:
(1) Person - Shall mean any individual, firm, partnership, association, corporation, company, or organization of any kind.
(2) Property - Shall include any real estate including improvements thereon.
(3) Notice - A written notice forbidding entry on the property shall be conspicuously posted or exhibited at the entrances of said property regulated by this section.
SECTION 2
Trespasses Prohibited.
It shall be unlawful for any commercial or recreational mud boat within the boundaries of Plaquemines Parish to commit a trespass on private or public property without the express written permission of the landowner.
SECTION 3
Financial Responsibility.
Nothing in this Ordinance shall be deemed to prohibit any person from being required to pay damages in a civil lawsuit, to any person injured by any act done in violation of the terms of this Ordinance, in addition to any fine or other penalty imposed under the terms of this Ordinance.
SECTION 4
Enforcement.
This Ordinance shall be enforced by state and local law, enforcement agents and by wildlife agents duly authorized to perform such enforcement functions.
SECTION 5
Exclusions.
This Ordinance shall not apply to any municipal, emergency, police, fire, ambulance or other government vessels, motorboats, mud boats or watercraft when same is being operated in an official capacity.
SECTION 6
Removal of Signs.
It shall be unlawful for any person to remove, without the permission of the landowner, any properly posted “No Trespass” sign posted or exhibited at the entrances of any said private or public property in accordance with this Ordinance.
SECTION 7
Violation - Penalty.
It shall be unlawful for any person to violate the provisions of this Ordinance or any order
issued pursuant thereto or to willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing this article and the orders issued pursuant to this article and, upon conviction thereof, shall be fined not less than Fifty ($50.00) Dollars nor more than Five Hundred ($500.00) Dollars.
SECTION 8
Notice.
For purposes of this Ordinance, a written notice forbidding such entry upon private or public property shall be conspicuously posted or exhibited at the entrances of said property regulated by this section. No person shall be convicted of violating this Ordinance if such sign was not in place at the time of the alleged violation.
SECTION 9
Severability.
The provi

Upon further studying, this ordinance steps over the jurisdictional responsibilities of a few government authorities that might otherwise have exclusive jurisdiction over public and navigable waters: coast guard, harbor authorities. There are constitutional limitations that prohibit outright prohibitions like this ordinance does, that may prevent its enforcement.

I suggest every one of us call the parish president, or email him or fax him notice of opposition to this ordinance and that he veto it immediately.

Parish President – Amos Cormier, Jr.
504-274-2460
504-297-5000
504-274-2463 fax
acormier@ppgov.net

First mud boats, next hunting weapons, and last all guns.
Thank you democrats.

What WMA's or public land areas are there in Placquemines Parish? I would be concerned if I owned a gator tail that all mudboats might be prohibited from entering those areas if the parish placed no trespassing signs at all entrance points.

The ordinance does not even define what the sigh should say, which is even more troublesome? It would seem it would have to mention "mudboats" specifically, and that any generic No Trespass sign would not be sufficient.