§ 29:727 — Powers of the parish president; penalties for violations

Louisiana § 29:727

• Jurisdiction: Louisiana
• Title 29: Minerals, Oil and Gas and Environmental Quality

Text

§727. Powers of the parish president; penalties for violations
A. Each political subdivision within this state shall be within the jurisdiction of and
served by the Governor's Office of Homeland Security and Emergency Preparedness for
purposes of homeland security and emergency preparedness and by a parish homeland
security and emergency preparedness agency responsible for emergency or disaster
mitigation, preparedness, response, and recovery.
B. Each parish president is hereby authorized and directed to establish an office of
homeland security and emergency preparedness for the respective parish.
C. Each parish president shall maintain a homeland security and emergency
preparedness agency which, except as otherwise provided under this Chapter, has jurisdiction
over and serves the entire parish.
D.(1) A local disaster or emergency may be declared only by the parish president,
except as otherwise provided in this Chapter. In that event, the state of emergency shall
continue until the parish president finds that the threat of danger has been dealt with to the
extent that emergency conditions no longer exist. However, no state of emergency may
continue for longer than thirty days unless extended by the parish president, and no
continuous state of emergency may continue for a period of more than ninety days unless
approved by the parish governing authority.
(2) The state of emergency may be terminated by executive order or proclamation.
The state of emergency or disaster may be terminated by the governor, by a petition signed
by a majority of the surviving members of either house of the legislature, or by a majority of
the surviving members of the parish governing authority. The document terminating the state
of emergency or disaster may establish a period during which no other declaration of
emergency or disaster may be issued. The termination of a state of disaster or emergency
pursuant to this Paragraph shall not affect changes to polling places for an election being
conducted in accordance with R.S. 18:401.1 or 401.2.
(3) All executive orders or proclamations issued under this Subsection shall indicate
the nature of the emergency, the area or areas which are or may be affected, and the
conditions which brought it about. Any order or proclamation declaring, continuing, or
terminating a local disaster or emergency shall be given prompt and general publicity and
shall be filed promptly with the office of emergency preparedness and the office of the clerk
of court.
E. Notwithstanding any other provision of this Chapter, when the parish president
declares a local disaster or emergency within such subdivision the parish president shall carry
out the provisions of this Chapter. Nothing contained herein shall be construed to confer
upon the parish president any authority to control or direct the activities of any state agency.
When the disaster or emergency is beyond the capabilities of the local government, the parish
president shall request assistance from the Governor's Office of Homeland Security and
Emergency Preparedness. The declaration of a local emergency will serve to activate the
response and recovery program of the local government.
F. In addition to any other powers conferred upon the parish president by the
constitution, laws, or by a home rule charter or plan of government, such authority may do
any or all of the following:
(1) Suspend the provisions of any regulatory ordinance prescribing the procedures
for conduct of local business, or the orders, rules, or regulations of any local agency, if strict
compliance with the provisions of any ordinance, order, rule, or regulation would in any way
prevent, hinder, or delay necessary action in coping with the emergency.
(2) Utilize all available resources of the local government as reasonably necessary
to cope with the local disaster or emergency.
(3) Transfer the direction, personnel, or functions of local departments and agencies
or units thereof for the purpose of performing or facilitating emergency services.
(4) Subject to any applicable requirements for compensation, commandeer or utilize
any private property if he finds this necessary to cope with the local disaster. For purposes
of this Paragraph, private property does not include firearms, ammunition, or components
of firearms or ammunition.
(5) Direct and compel the evacuation of all or part of the population from any
stricken or threatened area within the boundaries of the parish if he deems this action
necessary for mitigation, response, or recovery measures.
(6) Prescribe routes, modes of transportation, and destinations in connection with
evacuation within the local government's jurisdiction.
(7) Control ingress and egress to and from the affected area, the movement of
persons within the area, and the occupancy of premises therein.
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
explosives, and combustibles, excluding those components of firearm ammunition.
G. In the event of an emergency declared by the parish president pursuant to this
Chapter, any person or representative of any firm, partnership, or corporation violating any
order, rule, or regulation promulgated pursuant to this Chapter, shall be fined not more than
five hundred dollars, or confined in the parish jail for not more than six months, or both.
H. No organization for homeland security and emergency preparedness established
under this Chapter shall be employed directly or indirectly for political purposes.
I.(1) Each parish or police jury president, through the parish director of homeland
security and emergency preparedness appointed pursuant to R.S. 29:728, shall form a parish
emergency management advisory committee, to offer advice and counsel to the parish or
police jury president on homeland security and emergency management issues set forth in
the report prepared in accordance with Paragraph (4) of this Subsection. The parish or police
jury president may consider the advice and counsel from the committee on such matters as
planning, development, prioritization, coordination, and implementation of homeland
security and emergency management issues to include but not be limited to homeland
security and emergency management mitigation, preparedness, response and recovery, grant
requests, and the expenditure of grant funds.
(2) The parish or police jury president shall serve as the chairperson of the committee
or shall designate the parish director of homeland security and emergency preparedness to
serve as the chairperson. If the parish or police jury president serves as the chairperson, the
parish director of homeland security and emergency preparedness shall serve as vice
chairperson of the committee.
(3)(a) At a minimum, the committee shall consist of the following for each parish:
(i) A fire chief from the parish as a representative of all the fire chiefs in the parish.
(ii) A chief executive officer from one of the municipalities of the parish, as a
representative of all chief executive officers of the municipalities of the parish.
(iii) A police chief from the parish as a representative of all the police chiefs of the
parish.
(iv) The sheriff of the parish or his designee.
(v) A senior executive from the emergency medical services community within the
parish.
(b) The representatives of the fire chiefs, municipal chief executive officers, police
chiefs, and emergency medical services shall be appointed to the committee by those persons
holding the same position within the parish.
(4) The committee shall meet no less than twice per year and shall submit a report
to the director of the Governor's Office of Homeland Security and Emergency Preparedness
on or before April first of each year, commencing on April 1, 2010. The annual report shall
address those issues identified by the director in consultation with the regional parish office
of emergency preparedness parish directors' subcommittee pursuant to R.S. 29:725.6(B)(6)(c)
by January first of each year.
(5) The requirement of the parish or police jury president to form a parish emergency
advisory committee may be satisfied through any existing committee formed within the
parish for the purpose of addressing the issues of homeland security and emergency
preparedness provided that such existing committee meets the membership requirement set
forth in Paragraph (3) of this Subsection.
(6) Nothing herein shall restrict or impair the rights and responsibilities of a parish
or police jury president to respond to an emergency.
(7) Nothing herein shall restrict or impair the rights and responsibilities of a
committee created by a parish police jury and other local agencies and municipalities
pursuant to a joint services agreement to develop and implement a plan in response to an
emergency.

Legislative History

Acts 1993, No. 800, §1, eff. June 22, 1993; Acts 2001, No. 1148, §1, eff. June 29, 2001; Acts 2003, No. 40, §2, eff. May 23, 2003; Acts 2006, 1 st Ex. Sess., No. 35, §§1, 8, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2009, No. 524, §1; Acts 2018, No. 713, §1; Acts 2020, No. 325, §2; H.C.R. No. 5, 2021 R.S.; Acts 2022, No. 738, §1.