§ 33:1236 — Powers of parish governing authorities

Louisiana § 33:1236

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§1236. Powers of parish governing authorities
The police juries and other parish governing authorities shall have the following
powers:
(1) To make regulations for their own government.
(2)(a) To regulate the proportion and direction, the making and repairing of the
roads, bridges, causeways, dikes, dams, levees and highways when, in the opinion of the
police jury, such work will further the best interests of the parish and the parish road system;
(b) To provide for the graveling of school bus turnarounds when requested to do so
by the parish school board, without the necessity of the parish school board furnishing
materials or contributing funds to the police jury for such purpose if it is determined by the
police jury to be in the best interest of the parish and the parish road system. Provided,
however, that nothing herein shall prohibit parish school boards from providing gravel or
contributing funds to the local governing authority for the graveling of school bus
turnarounds; and in addition,
(c) The police juries may, upon request of the governing authority of any
incorporated municipality, perform all or any part of the repair, maintenance and care of
roads, streets, alleys, bridges and culverts and other drainage facilities, situated within and
under the jurisdiction of such incorporated municipality, and may expend for such purposes
any funds made available to them for road purposes. Police juries may maintain private
driveways within the right of way of a public road or highway owned by the parish when
such maintenance serves a public purpose, but only to repair damage done by the public.
(3) To regulate the clearing of the banks of rivers and natural drains; for the clearing
of the banks of the Mississippi River and all other navigable streams and natural drains for
the purpose of securing a free passage for boats and other water crafts, and for logs and
timber; to make regulations to prevent the introduction into and propagation in all such
streams and natural drains of aquatic plants and other vegetation which can in any manner
impede or obstruct navigation of boats and all other water craft or the towing of logs and
timber, as well as to prevent the passing from one stream to another (though one or both of
such streams be or be not navigable) of all such aquatic plants and vegetation; to build dams
to prevent the passage or encroachment of salt water from the Gulf of Mexico or any bays,
inlets, or streams connected therewith, into fresh water streams, when such salt water shall
be found injurious to property.
(4) To regulate the form and height of inclosures or fences, whenever they may think
proper to require the proprietors to inclose any ground.
(5) To pass all ordinances and regulations in relation to the marking, the sale,
destruction of cattle in general and especially of wild cattle which are not marked and also
of horses and mules; and to take any measure concerning the policing of livestock in general
in all the cases not provided for by law; to fix the time in which livestock may be suffered
to rove in the parishes of this state, where that custom prevails, so that such roving may not
be detrimental to the crops; to determine what animals shall not be suffered to rove, and in
what cases they may lawfully be killed.
(6) To regulate the policing of taverns and houses of public entertainment and shops
for retailing liquors in their respective parishes, and to impose whatever parish tax they may
see fit on all keepers of billiard tables and grog shops and on all hawkers, peddlers and
trading boats.
(7) To levy such taxes as they may judge necessary to defray the expenses of their
respective parishes.
(8) The police juries shall have the exclusive privilege of establishing ferries and toll
bridges within their respective limits, of fixing the rates of ferriage and toll to be charged
thereon, and of generally regulating the policing of the same. This privilege shall not extend
to any ferries or bridges already established, until the expiration of their charters; nor to any
ferries or bridges within the control of municipal corporations, save and except with the
consent and approval of the council of the municipal corporation who may waive their
jurisdiction in favor of the police juries; but no toll shall ever be charged on such bridge, and
said police juries may lease the ferries within their respective parishes for any number of
years, not to exceed five years, and the lessees of said ferries shall give bond and security
annually, payable to the president of the police jury, in such sum as may be required, for the
faithful performance of their duties as public ferrymen.
(9) To appoint a treasurer for the parish.
(10) To appoint all officers necessary to carry into execution the parish regulations,
and to remove them from office.
(11) To provide for the support of the poor and necessitous within their respective
parishes by taxation or otherwise; the powers granted under this Paragraph (11) shall include,
but not be limited to the following powers:
(a) For the assistance of the unskilled poor; low-income persons; disadvantaged
persons; unemployed persons; students from low-income families; the chronically
unemployed poor; geographic areas having large concentrations or proportions of such
persons; and rural areas having substantial migration to urban areas, appropriately focused
to assure that work and training opportunities are extended to the most severely
disadvantaged persons who can be reasonably expected to profit from the opportunities
presented, and which are supported by specific commitments of cooperation from private and
public employers; by all appropriate programs, activities, means or methods including, but
not limited to the following:
(i) Day care and preschool activities;
(ii) Special, remedial and other noncurricular assistance to elementary and secondary
school age children, including precollege assistance;
(iii) Literacy courses and other adult basic education programs;
(iv) Legal advice and representation, where other adequate representation cannot be
found;
(v) Specialized and comprehensive neighborhood health services programs,
including alcoholism programs; and including operation of health services physical facilities;
(vi) Emergency food and medical assistance to prevent starvation and counteract
malnutrition;
(vii) Family planning and assistance therein by all appropriate means, in a manner
consistent with individual moral, philosophical, and religious beliefs;
(viii) Programs to provide employment for persons over fifty-five, and services and
recreation for persons age sixty and over, including establishment of recreation and service
centers run by the elderly themselves;
(ix) Neighborhood centers controlled by neighborhood residents providing a variety
of appropriate service and activities, including those described elsewhere in this listing as
determined by the residents;
(x) Neighborhood organization and improvement programs;
(xi) Poor people's cooperatives; including credit unions and consumer cooperatives
as well as usual types of producer, marketing, and distributing cooperatives;
(xii) Consumer education;
(xiii) Housing development and services organizations, including development of
programs and services, under other federal housing legislation, for needy tenants and
homeowners, but not including mortgage loans and long-term capital financing;
(xiv) Employment and manpower training;
(xv) Youth employment and activities;
(xvi) Individual and family counseling and referral to other local services;
(xvii) Cash grant and loan assistance to poor individuals and families to meet
immediate needs;
(xviii) Voter education, but not including actual assistance in voting or registering
to vote;
(xix) Assistance to small neighborhood businesses of the poor or disadvantaged;
(xx) Agricultural assistance in rural area;
(xxi) Economic development activities;
(xxii) Training and technical assistance to carry out any of the projects in Items (i)
through (xxi) of this Subparagraph;
(xxiii) Planning and development of any of the projects in Items (i) through (xxii)
of this Subparagraph;
(xxiv) Evaluation of any of the projects in Items (i) through (xxiii) of this
Subparagraph;
Provided, however, nothing herein provided shall extend or restrict, or have any
effect upon any powers of expropriation by a municipality.
(b) To receive and administer funds from the United States under the Economic
Opportunity Act of 1964 of the United States, and any amendments thereto including Public
Law 90-222 of December 23, 1967*; funds and contributions from private or local sources;
a parish; or the State of Louisiana, to be used pursuant to the purposes and provisions of this
section.
(c) To transfer any funds received in accordance with the preceding paragraph, and
in further pursuance of such purposes; to delegate appropriate powers to other agencies, and
to enter into appropriate agreements and commitments with the United States and/or any of
the several agencies thereof as may be necessary or appropriate in the exercise of the powers
granted in this section.
(d) To avail itself of the provisions and authority established and granted in R.S.
33:1321 through 1332, both inclusive, in the exercise of the powers herein granted.
(e) To act as and perform the functions of a Community Action Agency under the
terms and provisions of the Economic Opportunity Act of 1964, of the United States, and
amendments thereto.
(12) To cause to be opened in any town, suburb, or other place divided into house
lots, or when a point of land on the Mississippi or other water course is divided among the
several proprietors, such ancient natural drains as have been obstructed by the owners of the
adjacent lands, and to prescribe the mode to be observed in that respect; to cause any water
course which is not navigable to be filled up for the purpose of carrying the public highways
over the same; provided that no injury be thereby occasioned to the neighboring inhabitants;
and whenever an application is made by more than twelve inhabitants of a town, suburb, or
other place divided into house lots, or when a point of land on the Mississippi or other water
course is divided among several proprietors, and it is found necessary to dig one or more
common draining ditches, the juries may ordain that the ditches be dug at the expense of the
owners of the lots, and that the expenses be borne by a contribution among the owners, to be
levied in such manner as the jury shall prescribe; saving to individuals or persons aggrieved
the right of complaining for the making or opening of such natural or artificial drainings
when unnecessary or harmful to them.
(13) To construct and maintain drainage, drainage ditches, and drainage canals; to
open any and all drains which they may deem necessary and to do and perform all work in
connection therewith; to cut and open new drains, ditches and canals, to acquire lands for
necessary public purposes, including rights of way, canals and ditches by expropriation,
purchase, prescription or by donation; to enter into contracts for the construction of such
drainage works, and to purchase machinery and have the work performed under their own
supervision; to allocate, use and expend the general alimony of the parish for any of the
above purposes; to incur debt and issue bonds for drainage and drainage canals in the manner
provided for by Subtitle II of Title 39; and use such other funds as may be legally expended
for such purposes; to levy taxes for the maintenance of said drainage works in the manner
provided for and under the authority of Article X, Section 10 of the Constitution of
Louisiana, as amended, and to construct any works and do any and all things necessary to
effect proper drainage and carry this Paragraph into effect; to enter into contracts or
agreements, under such terms and conditions as may be mutually agreeable with the State of
Louisiana, through the Department of Public Works for the securing of State aid for the
purposes herein authorized; to cooperate and participate in any State or Federal aid program
which may now exist or which may hereafter come into effect under any State or Federal law.
Police juries shall open all natural drains which they deem necessary in their respective
parishes and shall perform all work connected therewith, which they may deem necessary to
make the opening of natural drains effective. They may perform all other acts necessary to
fully drain all the land in their respective parishes and maintain such drainage when
established. This Paragraph is intended to furnish additional means whereby parishes in the
State of Louisiana may accomplish the objects and purposes herein referred to, and shall be
liberally interpreted.
(14) To adopt such ordinances and regulations as they deem necessary to prevent and
punish the intentional unauthorized entry upon or in any structure, watercraft, or movable
and to prevent and punish the intentional entry upon immovable property when the offender
knows the entry is unauthorized or when the entry is under circumstances where the offender
reasonably should know that the entry is unauthorized. The maximum fine or imprisonment
which may be imposed under any ordinance or regulation adopted pursuant to this Paragraph
shall not exceed the pertinent maximum fine or imprisonment which may be imposed under
R.S. 14:63 or 63.12, whichever is appropriate.
(15) To grant permission and to determine the rate of toll to be demanded by persons
desiring to build a bridge or make a turnpike road; but in no case shall the police jury grant
the right of toll for more than ten years.
(16) To enact ordinances and regulations, not inconsistent with the laws and
constitution of the United States, nor of this state, to protect their respective parishes against
the introduction of every kind of contagious disease.
(17) To sue any person for whose account levees, roads, etc., may have been made
or repaired at the expense of the parish, and to obtain the reimbursement of said amount, by
privilege on the land subject to the works.
(18) To appoint parish syndics, and overseers of roads and levees, at any regular
meeting, by a majority of the votes present, and whether a quorum is in attendance or not.
(19) To lease to the bidder for the shortest time, not exceeding ten years, any tract
of land within the limits of their respective parishes, given by the general government to the
State for the use of schools, and upon which a levee is necessary, as well for its own
protection as for that of the adjoining lands; the only consideration of said lease to be making
and keeping in repair the necessary levee by the lessee, for the whole term of his lease.
(20) To pass all ordinances and regulations which they deem necessary to govern and
regulate the laying out of subdivisions, resubdivisions, roads, streets, alleys, ways, subways,
viaducts, bridges, parks, parkways, boulevards, playgrounds, community centers and other
public buildings, grounds, or improvements, and the location, re-location, widening,
removal, vacation or extension or other improvements of such existing public works; the
platting of land into lots, roads, streets, and other dedicated or private ways; the location, re-location, development, routing, and re-routing of transit and transportation lines, which in
the opinion of the police jury are in the interest of the systematic planning of the parish.
(21)(a)(i) To pass ordinances to compel property owners to cut grass and obnoxious
weeds on their property, including property with structures located thereon. If the owners
of lots located within subdivisions outside municipalities in the parish fail to cut and remove
such grass and weeds when requested to do so, within fifteen days after receipt of a registered
or certified letter by the police jury of said parish, the police jury shall have authority to have
such grass and weeds cut and removed and to charge the property owners therefor in
accordance with regulations adopted by the police jury. Upon failure of any such property
owner to pay the charges, the police jury may file a certified copy of said charges with the
recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and
privilege in favor of the parish against the property on which said weeds and grass were cut
and removed. The lien and privilege granted under this Paragraph, when recorded within
sixty days from the date of completion of the cutting or removal, shall have the same ranking
as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(A)(1). Parishes
may, at their option, pass ordinances to add grass cutting charges as heretofore enumerated
to the annual ad valorem tax bill of the property involved if the charges remain unpaid; the
ad valorem tax lien imposed thereby and such rights attendant thereto shall coexist with those
granted under this Item.
(ii) The governing authority of St. John the Baptist Parish may adopt ordinances to
compel property owners to cut grass and obnoxious weeds on their property. If the owners
of vacant lots outside municipalities in the parish fail to cut and remove such grass and
weeds when requested to do so, within fifteen days after receipt of a registered or certified
letter by the governing authority, the governing authority shall have authority to have such
grass and weeds cut and removed and to charge the property owners therefor in accordance
with regulations adopted by the governing authority. Upon failure of any such property
owner to pay the charges, the governing authority may file a certified copy of said charges
with the recorder of mortgages, and the same, when so filed and recorded, shall operate as
a lien and privilege in favor of the parish against the property on which said weeds and grass
were cut and removed. The lien and privilege granted under this Paragraph, when recorded
within sixty days from the date of completion of the cutting or removal, shall have the same
ranking as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(A)(1).
The governing authority may adopt ordinances to add grass cutting charges as heretofore
enumerated to the annual ad valorem tax bill of the property involved if the charges remain
unpaid; the ad valorem tax lien imposed thereby and such rights attendant thereto shall
coexist with those granted under this Item.
(b)(i) The governing authority of the parishes of Jefferson and St. Bernard may enact
ordinances regulating or prohibiting the growth or accumulation of grass, obnoxious weeds,
or other deleterious or unhealthful growths, trash, debris, refuse, or discarded or noxious
matter.
(ii) In the exercise of the authority granted by this Subparagraph, the parish
governing authority may, among other things, but not by way of limitation, require or compel
property owners to cut or remove such grass, obnoxious weeds, or other deleterious or
unhealthful growths, trash, debris, refuse, or discarded or noxious matter on their property.
(iii) If the owner of any lot located within recognized subdivisions outside
municipalities in the parish fails to cut or remove such matter when requested to do so by the
governing authority, within fifteen days after receipt of such request or notice by a registered
or certified letter or other adequate notice, the governing authority may have such matter cut
or removed and may charge such property owner in accordance with regulations adopted by
the governing authority.
(iv) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of the charges with the recorder of mortgages, and the
same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish
against the property on which the matter was cut or removed. In the parishes of Jefferson and
St. Bernard, the lien and privilege granted under this Paragraph, when recorded within sixty
days from the date of completion of the cutting or removal, shall have the same ranking as
an ad valorem tax lien on immovable property as provided in R.S. 9:4821(A)(1).
(v) The parish may, at its option, enact ordinances to add cutting and removal
charges to the annual ad valorem tax bill of the property involved. In the parishes of
Jefferson and St. Bernard, if such charges are unpaid, the ad valorem tax lien imposed
thereby and such rights attendant thereto shall coexist with those granted under Item (iv) of
this Subparagraph.
(vi) If such ordinances are enacted, the sheriff effecting collection shall be
reimbursed by the governing authority for an amount equal to fifteen percent of the amount
of such charges actually collected from the property owner. This collection charge shall be
in addition to such charges and shall also be added to the ad valorem tax bill of the property
involved.
(vii) In the exercise of the authority granted by this Subparagraph to the parishes of
Jefferson and St. Bernard, the respective parish shall be the sole and proper defendant in any
action, authorized by law, to contest the addition of such charges to the ad valorem tax bill
of the property involved.
(c) The provisions of Subparagraph (21)(a) of this Section shall not apply to the
parishes of Grant and Vernon.
(d)(i) The governing authority of the parish of Assumption may enact ordinances
regulating or prohibiting the growth or accumulation of grass, obnoxious weeds, or other
deleterious or unhealthful growths, trash, debris, refuse, or discarded or noxious matter.
(ii) In the exercise of the authority herein granted, the parish governing authority
may, among other things, but not by way of limitation, require or compel property owners
to cut or remove such grass, obnoxious weeds, or other deleterious or unhealthful growths,
trash, debris, refuse, or discarded or noxious matter on their property.
(iii) If the owner of any residential property, as defined by the parish governing
authority, outside municipalities in the parish fails to cut or remove such matter when
requested to do so by the governing authority, within fifteen days after receipt of such request
or notice by a registered or certified letter or other adequate notice, the governing authority
may have such matter cut or removed and may charge such property owner in accordance
with regulations adopted by the governing authority.
(iv) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of said charges with the recorder of mortgages, and the
same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish
against the property on which said matter was cut or removed.
(v) The parish may enact ordinances to add cutting and removal charges to the annual
ad valorem tax bill of the property involved.
(e)(i) The governing authorities of the parishes of St. Martin and Ouachita may enact
ordinances regulating or prohibiting the growth or accumulation of grass, noxious weeds, or
other deleterious or unhealthful growths, trash, debris, refuse, or discarded or noxious matter.
(ii) In the exercise of the authority herein granted, the parish governing authority
may, among other things, but not by way of limitation, require or compel property owners
to cut or remove such grass, noxious weeds, or other deleterious or unhealthful growths,
trash, debris, refuse, or discarded or noxious matter on their property.
(iii) If the owner of any property in the parish located outside any municipality but
within a subdivision or in a clearly established residential area on a state highway or a parish
road fails to cut or remove such matter when requested to do so by the governing authority
within fifteen days after receipt of such request or notice by a registered or certified letter or
other adequate notice, the governing authority may have such matter cut or removed and may
charge such property owner in accordance with regulations adopted by the governing
authority.
(iv) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of said charges with the recorder of mortgages, and the
same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish
against the property on which said matter was cut or removed. The lien and privilege granted
under this Paragraph, when recorded within sixty days from the date of completion of the
cutting or removal, shall have the same ranking as an ad valorem tax lien on immovable
property as provided in R.S. 9:4821(A)(1).
(v) The parish may enact ordinances to add cutting and removal charges to the annual
ad valorem tax bill of the property involved. If such charges are unpaid, the ad valorem tax
lien imposed thereby and such rights attendant thereto shall coexist with those granted under
Item (iv) of this Subparagraph.
(f)(i) If property, which may be subject to a lien and privilege granted in favor of a
parish under this Paragraph, is owned in indivision and the owners in indivision, with their
proportionate share in the property, are listed separately by the tax assessor on the ad valorem
tax roll for the parish, then the notice to cut and remove such grass and weeds under this
Paragraph shall be sent to each owner in indivision and shall list the proportionate share of
such charges due by that owner.
(ii) Upon failure of each owner in indivision to pay his proportionate share of the
charges incurred by the parish in cutting and removing such grass and weeds, that part of the
property for which the charges are not paid shall be subject to a lien and privilege in favor
of the parish as provided in this Paragraph.
(iii) Upon payment by an owner in indivision of his proportionate share listed on the
ad valorem tax roll for the parish of the charges incurred under this Paragraph, and after
certification of such proportionate interest by the assessor, the lien and privilege granted
under this Paragraph shall be removed from the proportionate interest of the paying owner
in indivision. If outstanding charges levied under this Paragraph are added to the annual ad
valorem tax bill, the proportionate payment by the paying owner in indivision shall be
reflected on the bill and his interest in the property free of such charge shall be distinguished
on the tax bill.
(iv) Notice of the lien and privilege required herein shall be made upon the owners
in indivision at their actual address or the last known address listed to the tax rolls of the
parish.
(g)(i) The governing authority of the city of Westwego may enact ordinances which
require that community services be performed by persons who allow weeds, grass, or other
noxious growths to accumulate on their property thereby allowing the property to degrade
to a deplorable condition which endangers the health and safety of humans and pets.
(ii) City law enforcement authorities shall have the authority to enforce such
ordinances, including the authority to issue summons for violations of such ordinances. The
mayor's court located within the city of Westwego shall have jurisdiction to hear cases
relative to such violations and to impose penalties for such violations in accordance with
applicable ordinances.
(iii) The offender shall be cited for the offense by means of summons as provided
by ordinance.
(iv) Whoever violates the provisions of this Subparagraph shall:
(aa) Upon first conviction be sentenced to serve ten hours of community service on
his property or in a work detail as approved by the court.
(bb) Upon second conviction be sentenced to serve twenty hours of community
service on his property or in a work detail as approved by the court.
(cc) Upon third or subsequent conviction be sentenced to serve fifty hours of
community service on his property or in a work detail as approved by the court, or any
combination of the aforementioned penalties.
(v) The court may require an individual convicted of a violation of this Subparagraph
to remove the weeds, grass, or other noxious growths which have accumulated on his
property in disregard of the health and safety of others in lieu of or in addition to the
penalties prescribed in this Subparagraph.
(h)(i) Notwithstanding the provisions of Item (a)(i) of this Paragraph, the governing
authority of the parish of East Baton Rouge is authorized to pass ordinances to compel
property owners to cut grass and obnoxious weeds on their property, including property with
structures located thereon. If the owners of lots located within subdivisions outside
municipalities in the parish fail to cut and remove such grass and weeds when requested to
do so, within fifteen days after receipt of a registered or certified letter by the governing
authority of the parish, the governing authority of the parish shall have authority to have such
grass and weeds cut and removed and to charge the property owners therefor in accordance
with regulations adopted by the parish governing authority. However, if the registered or
certified letter is returned as undeliverable or as not accepted, no such work shall begin and
the governing authority of the parish shall make an additional request of such property
owners by regular mail. If the property owners fail to cut and remove such grass and weeds
within fifteen days after the mailing of such request by the governing authority of the parish,
the governing authority shall have authority to have such grass and weeds cut and removed
and to charge the property owners as provided in this Item.
(ii) Upon failure of any such property owner to pay the charges due pursuant to the
provisions of this Subparagraph, the governing authority of the parish of East Baton Rouge
may file a certified copy of the charges with the recorder of mortgages, and the copy, when
so filed and recorded, shall operate as a lien and privilege in favor of the parish against the
property on which the weeds and grass were cut and removed. The lien and privilege granted
under this Item, when recorded within sixty days from the date of completion of the cutting
or removal, shall have the same ranking as an ad valorem tax lien on immovable property as
provided in R.S. 9:4821(A)(1). The governing authority of the parish may, at its option, pass
ordinances to add grass cutting charges as provided in this Subparagraph to the annual ad
valorem tax bill of the property involved if the charges remain unpaid.
(22) To pass ordinances, prohibiting or regulating the storage of dynamite or other
explosives within the parish.
(23) To pass ordinances providing for the control, supervision and regulation of
tourist courts or tourist camps, and providing regulations for their operation.
(24) To pass ordinances providing for the control, supervision, regulation and
operation of soft drink stands, sandwich stands, and all such similar places that furnish curb
service or service in lots or parking places, including ordinances either regulating or
prohibiting the operation of loud speakers.
(25) To pass ordinances providing penalties for violations of any ordinances adopted
on any of the above subjects, said penalties not to be inconsistent with penalties authorized
by existing laws.
(26) Whenever in their judgment it is to the manifest interest of the public in general,
and in order to facilitate the construction, maintenance and operation of canals, or portions
of canals, or a branch of a canal, to be constructed by or under the authority of the United
States for the purpose of transportation, and for the construction and improvement of the
Inland Waterway Channel, known as the "Intercoastal Canal", to expropriate in the same
manner and under the same limitation as expropriation of rights of way for public road
purposes rights of way for the canals, when the owner or owners of the lands, in their
respective parishes, through which lands the canals are projected and for which the rights of
way are needed, shall, from disagreement in price, or any cause whatever refuse to convey
the rights of way to the United States.
Upon the acquisition of title to rights of way, the police juries shall thereupon execute
to the United States and deliver to their authorized agent, a deed of donation of the rights of
way, reciting the proceedings relative to the acquisition of the title. The deed of donation
shall convey to the United States a good and absolute title to the rights of way against all
persons whatsoever.
To donate to the United States any real property, which it may own or in which it may
have any interest, for the purpose of the erection and construction thereon of public buildings
which the United States may propose and agree to erect and construct. The police juries may
warrant the title to the property, which may be so donated to the United States.
(27) To levy a tax not to exceed three (3) mills for the creation and support of public
health centers in the parish; provided that the rate, purpose and duration of said tax shall be
submitted to the resident property taxpayers qualified to vote in the parish in which the tax
is to be levied, and, a majority vote of those voting, in number and amount, shall have voted
in favor thereof; all in accordance with the authority of Article X, Section 10 of the Louisiana
Constitution of Louisiana.
(28) To enact ordinances regulating the traffic on all public roads outside of
incorporated municipalities and within recognized subdivisions other than state constructed
and maintained streets and highways, including but not by way of limitation the right to
establish speed limits and speed zones, to regulate the parking of vehicles, to establish rules
and regulations for the movement of traffic, including the designation of one-way streets, and
for such other similar rules and regulations; provided that insofar as such ordinances may
affect state highways they shall not be in conflict with any rules and regulations established
by the legislature for the use of highways forming part of the state highway system.
(29) The governing authority of the parish in which the state capitol is located may
enact ordinances regulating the construction, maintenance, repair and condemnation of
buildings, dwellings and other structures, and to enact ordinances establishing building
regulations. Such ordinances may provide for the regulation of the business of wiring
buildings for conducting electric current into and through the same; regulation of the
business of plumbing; and regulation of all aspects of construction, maintenance, repair and
condemnation. Said authority may by ordinance prescribe rules and regulations for persons,
firms or corporations engaged in the business of providing electrical, plumbing and
construction work, and said authority may provide for the issuance of permits and adoption
of codes for all such work. All such codes shall include, among other things, provision for
the employment of inspectors to enforce and carry out the provisions thereof, and all such
ordinances, rules, regulations, permits and codes shall be effective within or without
recognized subdivisions of the parish outside of incorporated municipalities of said parish.
(30)(a)(i) To enact ordinances regulating or prohibiting the storing or abandoning of
trash, debris, junk, wrecked or used automobiles, or motor vehicles, or any part or parts
thereof, or any other junk, discarded or abandoned machinery or other metal, tin, or other
discarded items, on any vacant lot, or any portion of any occupied lot, neutral ground or
sidewalk, within recognized subdivisions of the parish.
(ii) In the exercise of the authority herein granted, the governing authority, among
other things, but not by way of limitation, may require that any vacant lot, or portion of any
occupied lot, used for storing of junk, or other matter herein listed, shall be surrounded or
enclosed by a board fence or other enclosure.
(b)(i) In the exercise of the authority granted by this Paragraph, the governing
authority of the parishes of Jefferson, Ouachita, Calcasieu, Ascension, St. Tammany, and St.
Bernard may require or compel property owners to remove trash, debris, junk, wrecked or
used automobiles, or motor vehicles, or any part or parts thereof, or any other junk, discarded
or abandoned machinery or other metal, tin, or other discarded items on their property, when
such items are being stored or kept in violation of any zoning or other regulatory ordinance.
(ii) If the owner of any such lot located within recognized subdivisions outside
municipalities in the parish fails to remove any such item or items when requested to do so
by the governing authority, within fifteen days after receipt of such request or notice by a
registered or certified letter or other adequate notice, the governing authority may have such
trash, debris, junk, or wrecked or used automobiles, motor vehicles, or any part or parts
thereof, or any other junk, discarded or abandoned machinery, or other metal, tin, or other
discarded items removed and may charge the property owner therefor in accordance with
regulations adopted by the governing authority.
(iii) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of the charges with the recorder of mortgages, and the
copy when so filed and recorded, shall operate as a lien and privilege in favor of the parish
against the property from which the items were removed. In the parishes of Jefferson,
Ascension, St. Tammany, and St. Bernard, the lien and privilege granted under this
Paragraph, when recorded within sixty days from the date of completion of the removal of
the items, shall have the same ranking as an ad valorem tax lien on immovable property as
provided in R.S. 9:4821(A)(1).
(iv) The parish may, at its option, enact ordinances to add the removal charges to the
annual ad valorem tax bill of the property involved. In the parishes of Jefferson, Ascension,
St. Tammany, and St. Bernard, if such charges are unpaid, the ad valorem tax lien imposed
thereby and such rights attendant thereto shall coexist with those granted under Item (iii) of
this Subparagraph.
(v) If such ordinances are enacted, the sheriff effecting collection shall be reimbursed
by the governing authority for an amount equal to fifteen percent of the amount of such
charges actually collected from the property owner. This collection charge shall be in
addition to such charges and shall also be added to the ad valorem tax bill of the property
involved.
(vi) In the exercise of the authority granted by this Subparagraph to the parishes of
Jefferson, Ascension, St. Tammany, and St. Bernard, the respective parish shall be the sole
and proper defendant in any action, authorized by law, to contest the addition of such charges
to the ad valorem tax bill of the property involved.
(c) The governing authority of the parish of Ouachita shall have the power to enact
ordinances regulating or prohibiting the storing or abandoning of trash, debris, junk, wrecked
or used automobiles or motor vehicles, or any part or parts thereof, or any other junk
discarded or abandoned machinery, or other metal, tin, or other discarded items on any
property within the parish of Ouachita and outside of recognized municipalities therein.
(d)(i) The governing authority of the parish of St. Martin shall have the power to
enact ordinances regulating or prohibiting the storing or abandoning of trash, debris, junk,
wrecked or used automobiles or motor vehicles, or any part or parts thereof, or any other
junk, discarded or abandoned machinery, or other metal, tin, or other discarded items on
property located within the parish and outside of any municipality but within a subdivision
or in a clearly established residential area on a state highway or a parish road.
(ii) In the exercise of the authority granted herein, the governing authority of the
parish of St. Martin may require or compel property owners to remove trash, debris, junk,
wrecked or used automobiles, or motor vehicles, or any part or parts thereof, or any other
junk, discarded or abandoned machinery or other metal, tin, or other discarded items on their
property when such items are being stored or kept in violation of any zoning or other
regulatory ordinance.
(iii) If the owner of any such property located in the parish outside any municipality
but within a subdivision or in a clearly established residential area on a state highway or
parish road fails to remove any such item or items when requested to do so by the governing
authority, within fifteen days after receipt of such request or notice by a registered or certified
letter or other adequate notice, the governing authority may have such trash, debris, junk, or
wrecked or used automobiles, motor vehicles, or any part or parts thereof, or any other junk,
discarded or abandoned machinery, or other metal, tin, or other discarded items removed and
may charge the property owner therefor in accordance with regulations adopted by the
governing authority.
(iv) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of said charges with the recorder of mortgages, and the
same when so filed and recorded shall operate as a lien and privilege in favor of the parish
against the property of which said items were removed. Such lien and privilege, when
recorded within sixty days from the date of completion of the removal of the items, shall
have the same ranking as an ad valorem tax lien on immovable property as provided in R.S.
9:4821(A)(1).
(v) The parish may, at its option, enact ordinances to add the removal charges to the
annual ad valorem tax bill of the property involved. If such charges are unpaid, the ad
valorem tax lien imposed thereby and such rights attendant thereto shall coexist with those
granted under Item (iv) of this Subparagraph.
(31)(a) Except as provided in Subparagraph (b) of this Paragraph, to enact ordinances
to require, prohibit, or regulate the destruction, disposal, or burning of trash, garbage, leaves,
limbs and branches, or debris of any kind and to regulate dumping and the use of borrow pits
for sanitary fill. However, no parish or municipality shall engage in any regulation of the
generation, transportation, and/or disposal of hazardous wastes other than the initial siting
of facilities pursuant to general land use planning, zoning, or solid waste disposal ordinances.
(b)(i) No ordinance shall prohibit any person from burning trees, brush, grass, or
other vegetable matter in any parish having a population of ninety thousand or less, provided
the location of the burning is not within the territorial limits of a city or town or is not
adjacent to a city or town in such proximity that the ambient air of the city or town will be
affected by smoke from the burning.
(ii) Notwithstanding any other provision of law to the contrary, no burning of trees,
brush, grass, or other vegetable matter authorized by this Subparagraph shall be allowed if
the emission of smoke from the burn passes onto or across a public road creating a traffic
hazard due to impairment of visibility, as defined by rule or regulation of the Louisiana
Department of Environmental Quality, or which intensifies an existing traffic hazard.
(iii) Notwithstanding any provision of this Subparagraph or any other law to the
contrary, in a parish having a population of ninety thousand persons or fewer according to
the most recent federal decennial census, an ordinance may prohibit any person from burning
trees, brush, grass, or other vegetable matter and otherwise regulate burning of flammable
material when the fire danger rating for the area is high, as defined by rules adopted by the
Department of Agriculture and Forestry, or is predicted to be at such level, and for a
reasonable time period thereafter. The Department of Agriculture and Forestry shall adopt
emergency rules providing for such definition immediately after June 15, 2006, and shall
adopt permanent rules therefor not later than December 31, 2006. An ordinance adopted
pursuant to this Item shall not apply to prescribed burns by the Department of Agriculture
and Forestry, by those trained and certified by the Department of Agriculture and Forestry,
or by those who conduct prescribed burning as a "generally accepted agriculture practice" as
defined by the Louisiana Right to Farm Law (R.S. 3:3601 et seq.).
(32) To operate an ambulance service in its own capacity as governing authority or
to contract for the operation of such service by others and to regulate and subsidize the
operation by others, or to operate the service in cooperation with other agencies or
municipalities. The provisions of this Paragraph shall not apply in the parish of Jefferson.
In addition, the governing authority of Livingston Parish may regulate the operation of any
ambulance service in the parish.
(33) Repealed by Acts 1982, No. 795, §2.
(34) To adopt a civil service system covering any or all of its employees, based upon
merit, efficiency and fitness, barring discrimination or disciplinary action except for cause
and barring discrimination or disciplinary action for political, religious or racial reasons and
providing for a right of appeal from such actions.
(35)(a) In the event that the administrative office of a parish governing authority
renders any service, including but not limited to bookkeeping, administrative, or clerical
services, to any board, agency, district, subdivision, or any other entity of local government,
excluding municipalities, sheriffs, clerks of court, or assessors, the parish governing authority
shall have the authority to assess a charge of not more than four percent of the total revenues
of that entity for such services actually rendered by said office. However, the amount of any
such charge shall be established by agreement between the governing authority and such
entity and shall not exceed the actual cost, including direct and indirect expenses, incurred
by the administrative office of the governing authority in rendering such services to that
entity. If no agreement can be made by the parish governing authority and such entity upon
the amount of the charge to be assessed an entity pursuant to this Subparagraph, said
governing authority may relieve its administrative office from any obligation to provide any
service to that entity.
(b) The Grant Parish Police Jury may levy a five percent charge on the total amount
of taxes collected on each account serviced for another local entity, excluding the parish
library, in lieu of the charge authorized by Subparagraph (a) of this Paragraph. However, any
charge levied upon a municipality in Grant Parish pursuant to this Subparagraph shall require
the concurrence of the municipality.
(c)(i) Notwithstanding any other provision of law to the contrary, in the parish of
Ascension, if the administrative office of the parish governing authority renders any service,
including but not limited to bookkeeping, administrative, or clerical services, to any board,
agency, district, subdivision, or any other entity of local government, excluding
municipalities, fire protection districts, parish libraries, sheriffs, clerks of court, councils on
aging, or assessors, the parish governing authority may assess a charge of not more than five
percent of the total revenues of that entity for such services actually rendered by the office.
The amount of any such charge shall be established by agreement between the governing
authority and such entity and shall not exceed the actual cost, including direct and indirect
expenses, incurred by the administrative office of the governing authority in rendering such
services to that entity.
(ii) If no agreement can be made by the parish governing authority and such entity
upon the amount of the charge to be assessed pursuant to this Subparagraph, the governing
authority may relieve its administrative office from any obligation to provide any service to
that entity.
(36)(a) To regulate the height, area, number of stories, and fire safety requirements
of buildings and structures, the percentage of the lot that may be occupied, the size of the
yards, courts and other open spaces, the set back, the density of population and the location
and use of the buildings, structures and land for trade, industry, residence or other purposes.
(b) To adopt the Southern Building Code, the Southern Standard Gas Code, the
Southern Standard Housing Code, the National Electrical Code or other standard codes by
ordinance of the police jury without the necessity of publishing the text of the code. The
code shall be identified as to date of current issue and exact title in the ordinance and signed
by the president and secretary of the police jury.
(c) To require the formation of an appeal procedure and require permits for the
construction, alteration and repair of buildings, structures, equipment and appurtenances,
which permits shall be granted according to uniform rules and shall never be refused when
the application setting forth the character of the building to be constructed or the nature of
the repairs conforms to the requirements of the ordinances passed in pursuance of building
regulations and building, electrical and other codes legally adopted under this Paragraph. All
applications shall be passed upon by the police jury or committee, board, agency or
commission designated by it, within ten days of filing.
(d) The provisions of Subparagraphs (a), (b) and (c) of this Paragraph shall not be
so construed as to abrogate, impair or supersede existing codes, regulations, ordinances or
permits of any municipality or city-parish governing authority, nor to supersede or impair the
existing authority of any such municipality or city-parish governing authority to adopt such
codes, regulations, ordinances or permits. Provided, however, that the powers authorized in
Subparagraphs (a), (b) and (c) of this Paragraph shall not be exercised by the police jury until
a public hearing has been held in the parish to be effected, notice of the hearing to be
published in the official parish journal at least ten days prior to the date of the hearing.
(e) Any other provision to the contrary notwithstanding, no ordinance or regulation
of a parish adopted under the authority of this Paragraph shall apply to or have any effect
upon manufacturing establishments or upon the land occupied or owned by manufacturing
establishments on the effective date of any such ordinance or regulation, where the plans and
specifications for additions, alterations, or new construction have been prepared by a
graduate engineer or architect.
(f)(i) Nothing herein contained shall be construed as limiting any authority now
vested in police juries. The provisions of this Paragraph shall apply only to the parishes of
Iberville, Pointe Coupee, West Baton Rouge, Lafayette, West Feliciana, Allen, Evangeline,
Avoyelles, Caddo, Calcasieu, and Ouachita.
(ii) Prior to the adoption of any building and zoning regulation by the governing
authority of the parish of Ouachita, a proposition authorizing the imposition of the building
and zoning regulations in unincorporated areas of Ouachita Parish shall be submitted to and
approved by the electors of the unincorporated areas of Ouachita Parish.
(37) To regulate the use of air rifles within the limits of the parish, which shall be
designated by the police jury, to make necessary rules and regulations and to provide
penalties for the violation thereof.
(38)(a) To pass zoning ordinances, subdivision regulations, building codes, health
regulations and other applications and extensions of the normal police power, to provide
standards and effective enforcement provisions for the prudent use and occupancy of flood-prone and mud-slide areas.
(b) The provisions of Subparagraph (a) of this Paragraph shall apply only insofar as
is necessary for a parish to use such powers and authority to qualify for the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4001 to 4127 as enforced under Parts 1901
to 1915.3 of Subchapter B of Title 24 of the Code of Federal Regulations.
(c) The provisions of Subparagraphs (a) and (b) of this Paragraph shall not be so
construed as to abrogate, impair or supersede existing codes, regulations, ordinances or
permits of any municipality or city-parish governing authority, nor to supersede or impair the
existing authority of any such municipality or city-parish governing authority to adopt such
codes, regulations, ordinances or permits. Provided, however, that the powers authorized in
Subparagraphs (a) and (b) of this Paragraph shall not be exercised by the police jury until a
public hearing has been held in the parish to be affected, notice of the hearing to be published
in the official parish journal at least ten days prior to the date of the hearing.
(d) Any zoning ordinances, subdivision regulations, building codes, health
regulations and other applications and extensions of the normal police power used by any
parish prior to the adoption of this legislation in order to qualify for national flood insurance
shall be validated and ratified by the passage of this subsection.
(39) To adopt ordinances for the licensing of air boats and the regulation of air boat
operation within parish boundaries and to fix penalties for violations which shall not exceed
a fine of one hundred dollars or imprisonment not to exceed thirty days, or both. However,
a valid license issued by the parish governing authority in one parish shall be valid in every
other parish, except that the licensee shall be required to comply with all licensing
requirements of any other parish in which the air boat is operated, except the payment of a
license fee.
(40) To promote by advertisement or other appropriate means distribution of
information about, and the advantages of, the industrial inducement program authorized by
law which the parish may undertake for the encouragement of the location of industries in
the parish and the encouragement of additions to existing industries and to expend therefor
parish general revenues or other revenues made available for such purpose.
(41) The governing authority of the parishes of St. Mary, Cameron, Vermilion,
Iberia, Assumption, Terrebonne and Lafourche may adopt ordinances providing for a system
of identification and registration of itinerant workers, prohibiting any employer from
employing any itinerant worker who is not properly identified and registered, including
penalties applicable to employers for violations of such ordinances.
(42) To provide support for programs of social welfare for the aid of the needy
through the programs for persons with intellectual or mental disabilities within their
respective parishes out of general funds of the parish or any other monies available, including
the authority to make grants or subsidies to private or public nonprofit associations or
corporations or organizations for use solely in programs of cooperative endeavor to aid
persons with intellectual or mental disabilities.
(43), (44) Repealed by Acts 1982, No. 795, §2.
(45) Parishes may, with parish forces, cut grass and kill weeds along state highways
in their jurisdiction and be reimbursed by the Department of Transportation and
Development, providing the Department of Transportation and Development concurs in
writing that the Department of Transportation and Development forces will be unable to
carry out the necessary maintenance and funds are available to reimburse the parish in the
department's budget.
(46) The police jury of St. Landry Parish may adopt ordinances to designate an area
within parish boundaries to be used for water skiing, to regulate water skiing, and to fix
penalties for violations, which shall not exceed one hundred dollars or imprisonment not to
exceed thirty days, or both.
(47)(a) To open and maintain such offices and suboffices as may be required for the
performance of the duties of parish officials and employees. However, offices must be
maintained at the parish seat. Nothing in this Paragraph shall be construed to supersede the
provisions of Part II of Chapter 4 of Title 18 of the Louisiana Revised Statutes of 1950.
(b) The parish seat of St. Tammany Parish shall be Covington. However,
notwithstanding Subparagraph (a) of this Paragraph and R.S. 33:1651(A), the main
administrative facility for the St. Tammany Parish governing authority shall be the
administrative facility located outside of the parish seat on Louisiana Highway 59-Koop
Drive. The parish treasurer of St. Tammany Parish and the secretary of the St. Tammany
Parish Police Jury may be housed and perform their functions at this facility.
(48) To create one or more ambulance service districts within the boundaries of a
parish.
(49)(a)(i) To enact ordinances relating to the repair and condemnation of buildings,
dwellings, and other structures that have become derelict and present a danger to the health
and welfare of residents of the parish upon adequate notice to the owner. However, with
respect to structures within a historical preservation district, the governing authority of the
district shall have concurrent authority with respect to such matters.
(ii) The phrase "derelict and present a danger to the health and welfare", as used in
this Paragraph, shall include, but not be limited to, buildings or structures which have any
of the following characteristics:
(aa) Are structurally unsafe.
(bb) Are not provided with adequate egress.
(cc) Constitute a fire hazard.
(dd) Are otherwise dangerous to human life.
(ee) By way of existing use or condition constitute a hazard to public safety, health,
or welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or
abandonment.
(iii) Ordinances enacted pursuant to this Paragraph may declare such derelict
structures to be public nuisances, and require their repair, rehabilitation, demolition, or
removal.
(iv) The governing authority of any parish may request and the adjutant general may
assign, subject to the approval of the governor, national guard personnel and equipment to
assist in the removal and demolition of condemned buildings, structures, or public nuisances.
The provisions of this Item shall be applicable when the budget for the demolition and
removal of condemned structures has been expended by the governing authority of a parish.
However, the request must be accompanied by documentation that all procedural protections
and substantive restraints have been adhered to by the governing authority. In the event all
protections and substantive restraints have been adhered to by the governing authority, the
parish and their personnel and the national guard and their personnel shall not be liable to the
owner of the building, structure, or public nuisance for any damages sustained resulting from
the demolition of the building, structure, or public nuisance.
(b)(i) In the exercise of the authority herein granted, the governing authority of the
parishes of Jefferson, Tangipahoa, St. Helena, Ouachita, West Baton Rouge, Iberville,
Caddo, St. Landry, Livingston, and Bossier may, among other things but not by way of
limitation, require or compel property owners to repair or demolish such structures on their
property.
(ii) If the owner of any lot containing such derelict building, dwelling, or other
structure fails to repair or demolish same when requested to do so by the governing authority,
within fifteen days after receipt of such request by a registered or certified letter or other
adequate notice, the governing authority may have such buildings restored to a safe condition
or demolished and may charge the property owners therefor in accordance with regulations
adopted by the governing authority.
(iii) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of said charges with the recorder of mortgages, and the
same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish
against the property on which said building, dwelling, or structure was repaired or
demolished. In the parish of Jefferson, the lien and privilege granted under this Paragraph,
when recorded within sixty days from the date of completion of the repair or demolition,
shall have the same ranking as an ad valorem tax lien on immovable property as provided
in R.S. 9:4821(A)(1).
(iv) The parish may, at its option, enact ordinances to add such charges to the annual
ad valorem tax bill of the property involved. In the parish of Jefferson, if such charges are
unpaid, the ad valorem tax lien imposed thereby and such rights attendant thereto shall
coexist with those granted under Item (iii) of this Subparagraph.
(v) In the event that such ordinances are enacted, the sheriff effecting collection shall
be reimbursed by the governing authority for an amount equal to fifteen percent of the
amount of such charges actually collected from the property owner. This collection charge
shall be in addition to such charges and shall also be added to the ad valorem tax bill of the
property involved.
(vi) In the exercise of the authority herein granted to the parish of Jefferson, the
parish of Jefferson shall be the sole and proper defendant in any action, authorized by law,
to contest the addition of such charges to the ad valorem tax bill of the property involved.
(c) The requirements for notice to the owner shall not apply when any building,
dwelling, or structure, or any part or parts thereof, are in imminent danger of collapse and
constitute a menace to public safety.
(d) The requirement for notice to the owner shall be deemed satisfied when:
(i) Notice is served upon the owner in the same manner as service of citation or other
process, whether made by the sheriff, deputy sheriff, constable, or duly authorized building
inspector of the parish.
(ii) Notice is served by registered or certified mail, return receipt requested, sent to
the owner at his actual address or last known address listed on the tax rolls of the parish.
(iii) Notice is served in the same manner as service of citation or other process upon
any mortgagee or any other person who may have a vested or contingent interest in the
premises as indicated in the mortgage or other public records of the parish, if the owner is
absent or is unable to be served in accordance with Item (i) or (ii) of this Subparagraph.
(iv) Notice is made by publication once a week for two weeks consecutively in the
official journal, if the owner is absent or is unable to be served in accordance with Item (i),
(ii), or (iii) of this Subparagraph.
(e)(i) Notwithstanding any other provision of law to the contrary, if the owner of any
lot containing a derelict building, dwelling, or other structure fails to repair or demolish any
such building, dwelling, or structure as required by an order or judgment from a court of
competent jurisdiction, all contempt fines, other fines, and court costs charged to such owner
for failure to comply with such order or judgment may be added to the ad valorem tax bills
by the governing authority of the parish in accordance with the provisions of this Paragraph.
(ii) The governing authority of the parish may adopt ordinances for procedures
governing the placement of contempt fines, other fines, and court costs charged to an owner
on the ad valorem tax bills of the parish.
(iii) The contempt fines, other fines, and court costs shall be collected at the same
time and in the same manner as ad valorem taxes on property subject to taxation.
(iv) Contempt fines, other fines, and court costs that have been added to the ad
valorem tax bills of the parish shall be enforced with the same authority and be subject to the
same penalties and procedures as unpaid ad valorem taxes.
(v) The sheriff of the parish or the appropriate entity that collects taxes shall be
reimbursed by the governing authority of the parish in an amount equal to fifteen percent of
the amount for contempt fines, other fines, and court costs of such charges actually collected
from the property owner. The collection charge shall be in addition to such charges for
contempt fines, other fines, and court costs and also shall be added to the ad valorem tax bill
for such property.
(vi) The parish shall be the sole and proper defendant in any action authorized by law
to contest the addition of such charges for contempt fines, other fines, court costs, and
collection to the ad valorem tax bills of the parish.
(f)(i) Notwithstanding any other provision of law to the contrary, if the owner of any
lot containing a derelict building, dwelling, or other structure fails to repair or demolish any
such building, dwelling, or structure as required by an order or judgment from a court of
competent jurisdiction, all contempt fines, other fines, and court costs charged to such owner
for failure to comply with such order or judgment may be added to the ad valorem tax bills
by the governing authorities of the parish of Jefferson and the municipalities therein in
accordance with the provisions of this Subparagraph.
(ii) Notwithstanding any other provision of law to the contrary, if the owner of any
lot containing a zoning, property maintenance, or other ordinance violation or violation of
state law relative to the property fails to remedy the violation as required by an order or
judgment from a court of competent jurisdiction or as a result of an administrative
adjudication hearing, all contempt fines, other fines, and court costs charged to such owner
for failure to comply with such order or judgment may be added to the ad valorem tax bills
by the governing authorities of the parish of Jefferson and the municipalities therein in
accordance with the provisions of this Subparagraph.
(iii) The governing authorities of the parish of Jefferson and the municipalities
therein may adopt ordinances establishing procedures governing the placement of contempt
fines, other fines, and court costs charged to an owner on the ad valorem tax bills of the
parish or the municipality.
(iv) The contempt fines, other fines, and court costs shall be collected at the same
time and in the same manner as ad valorem taxes on property subject to taxation.
(v) Contempt fines, other fines, and court costs that have been added to the ad
valorem tax bills of Jefferson Parish shall be enforced with the same authority and be subject
to the same penalties and procedures as unpaid ad valorem taxes and shall have the same
ranking as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(A)(1).
(vi) The sheriff of the parish or the appropriate entity that collects taxes shall be
reimbursed by the governing authority of the parish in an amount equal to fifteen percent of
the amount for contempt fines, other fines, and court costs actually collected from the
property owner. The collection charge shall be in addition to such charges for contempt
fines, other fines, and court costs and also shall be added to the ad valorem tax bill for such
property.
(vii) Jefferson Parish shall be the sole and proper defendant in any action authorized
by law to contest the addition of such charges for contempt fines, other fines, court costs, and
collection to the ad valorem tax bills of the parish. The municipality shall be the sole and
proper defendant in any action authorized by law to contest the addition of such charges for
contempt fines, other fines, court costs, and collection to the ad valorem tax bills of the
municipality.
(viii) Notwithstanding any other provision of law to the contrary, including but not
limited to R.S. 13:3888, if the owner of any lot containing a derelict building, dwelling, or
other structure fails to repair or demolish any such building, dwelling, or structure as required
by an order or judgment from a court of competent jurisdiction or if the owner of any lot or
structure containing a zoning, property maintenance, or other ordinance violation or violation
of state law relative to the property fails to remedy the violation as required by an order or
judgment of a court of competent jurisdiction or as a result of an administrative adjudication
hearing, all final orders and judgments shall remain enforceable and executory including all
contempt fines, other fines, and court costs charged to such owner for failure to comply with
such order or judgment that may be added to the ad valorem tax bills by the governing
authority of the parish or municipality in accordance with the provisions of this
Subparagraph.
(ix) Repealed by Acts 2010, No. 165, §1.
(50)(a) The governing authority of the parishes of Jefferson and Ouachita may enact
ordinances relating to the filling or draining of property to prevent ponding of water,
breeding of mosquitoes, or other nuisances.
(b) In the exercise of the authority herein granted, the parish may, among other
things, but not by way of limitation, require or compel property owners in recognized
subdivisions in the parish, to fill or to drain their property to prevent ponding of water and
breeding of mosquitoes, or both.
(c) If the owner of any such property fails to fill or drain his property when requested
to do so by the governing authority, within fifteen days after receipt of such request or notice
by a registered or certified letter or other adequate notice, the parish may have such property
filled or drained, or both, and may charge property owners therefor in accordance with
regulations adopted by the governing authority.
(d) Upon failure of any such property owner to pay the charges, the governing
authority may file a certified copy of said charges with the recorder of mortgages, and the
same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish
against the property which was filled or drained. In the parish of Jefferson, the lien and
privilege granted under this Paragraph, when recorded within sixty days from the date of
completion of the filling or draining, shall have the same ranking as an ad valorem tax lien
on immovable property as provided in R.S. 9:4821(A)(1).
(e) The parish may, at its option, enact ordinances to add such charges to the annual
ad valorem tax bill of the property involved. In the parish of Jefferson, if such charges are
unpaid, the ad valorem tax lien imposed thereby and such rights attendant thereto shall
coexist with those granted under Subparagraph (d) of this Paragraph.
(f) In the event that such ordinances are enacted, the sheriff effecting collection shall
be reimbursed by the governing authority for an amount equal to fifteen percent of the
amount of such charges actually collected from the property owner. This collection charge
shall be in addition to such charges and shall also be added to the ad valorem tax bill of the
property involved.
(g) In the exercise of the authority herein granted to the parish of Jefferson, the parish
of Jefferson shall be the sole and proper defendant in any action, authorized by law, to
contest the addition of such charges to the ad valorem tax bill of the property involved.
(51) To enact ordinances defining parish employees and delineating the rights,
duties, and privileges of parish employees.
(52)(a) The governing authority of the parish of Jefferson may contract with public
or private entities for the treatment and disposal of sewage and liquid and solid wastes and
related services and may pledge or dedicate its revenues, including but not limited to fees,
charges, and the proceeds of any sales and use taxes collected on behalf of the parish, as the
governing authority may deem appropriate, to the payment of the parish's obligations under
such contract. Such contract shall contain such terms or provisions as the parish governing
authority may deem appropriate, except that any contract or renewal thereof shall not exceed
forty years. The contract and pledge of revenues by the parish shall be authorized by
appropriate ordinance or resolution of the governing authority, which authorization shall be
preceded by a public hearing, said hearing having been advertised in a newspaper of general
circulation in the parish at least once and at least thirty days before adoption of the resolution
or ordinance, without the requirement of any election, approval, or ratification of the
electorate or any state board, commission, agency, authority, or office, except as may be
required in the parish charter, it being the intention of this Paragraph to provide the parish
with the greatest latitude in the negotiation and consummation of such contracts in order to
take early advantage of rapidly changing business conditions.
(b) All immunity of the state of Louisiana from liability under antitrust law is hereby
extended to the parish, acting within the scope of the grants of authority contained in this
Paragraph, and when so acting, the parish shall be presumed to be acting in furtherance of
state policy.
(53)(a) The governing authority of the parish of Iberville may contract with any
public or private entity for the operation and maintenance of any sewerage system and related
services within the parish under the administration of such parish governing authority.
(b) Such contract shall be subject to provisions of the public bid law. Such contract
may contain such terms and privileges as may be agreed upon by the parties to said contract,
including provisions pursuant to which service charges imposed for sewerage service
rendered by the public or private entity shall be established, levied, collected, and used by
the contracting entity, subject to approval by the parish governing authority. The contract
by the parish shall be authorized by appropriate ordinance or resolution of the governing
authority, which authorization shall be preceded by a public hearing, said hearing having
been advertised in a newspaper of general circulation in the parish at least once and at least
thirty days before adoption of the resolution or ordinance, without the requirement of any
election, approval, or ratification of the electorate or any state board, commission, agency,
authority, or office, except as may be required in the parish charter.
(54)(a) To enact ordinances prohibiting the littering of roads and thoroughfares over
which such authorities have jurisdiction and to provide for penalties for violation of such
ordinances. Parish law enforcement authorities, including constables, shall have the
authority to enforce such ordinances, including the authority to issue citations for violations
of such ordinances. Justices of the peace shall have jurisdiction to hear cases relative to such
violations and to impose penalties for such violations in accordance with applicable
ordinances. The disposition of any fines or forfeitures collected for such violations shall be
in accordance with such ordinances.
(b) Except as provided in R.S. 30:2531(I), any parish that utilizes an administrative
adjudication process in the enforcement of building codes or zoning, vegetation, or nuisance
ordinances may utilize such a process in the enforcement of its litter ordinances. Under such
an administrative adjudication process, the parish may appoint a litter abatement officer to
enforce the provisions of such ordinances. Any such parish may establish penalties for
littering of a fine of not more than five hundred dollars for each day that the violation
continues or not more than forty hours of community service, or both.
(55)(a) The governing authorities of the parishes of St. Tammany and Washington
may enact ordinances requiring the clerk of court to impose, collect, and remit to the parish
for operational expenses of the judicial system and its related agencies an additional charge,
not exceeding fifteen dollars, for the registration and recordation of any document in the
mortgage and conveyance records; and an additional charge, not exceeding twenty-five
dollars, for the filing and recordation of adoptions, successions, and any other new civil suits
and written motions for hearings filed in or with the clerk of court's office. No additional
charge shall be made for criminal court filings, oaths of office, U.C.C. filings, sheriff's
commissions, marriage licenses, notary or appearance bonds, or any other filing for which
no filing fee is charged. The clerk of court may retain five percent of such additional charge
to defray costs associated therewith. Additionally, the governing authorities of the parishes
may enact ordinances requiring the sheriff to impose, collect, and remit to the parish for
operational expenses of the respective judicial system and its related agencies such additional
charge, not exceeding fifteen dollars, for each tax certificate issued or filed by the sheriff of
the parish. The charges authorized in this Subparagraph shall be in addition to all other
charges authorized by law.
(b) In addition to all other fees or costs now or hereinafter provided by law, the
governing authorities of the parishes of Iberia and St. Martin may enact ordinances requiring
the clerk of court to impose, collect, and remit to the parish for operational expenses of the
clerk of court's office an additional charge of five dollars for the registration and recordation
of any document in the mortgage and conveyance records; and an additional charge of fifteen
dollars for the filing and recordation of adoptions, successions, and any other new civil suits
filed in or with the clerk of court's office. No additional charge shall be made for criminal
court filings, civil court filings in forma pauperis, oaths of office, U.C.C. filings, sheriff's
commissions, marriage licenses, notary or appearance bonds, or any other filing for which
no filing fee is charged. The clerk of court may retain five percent of such additional charge
to defray costs associated therewith. The charges authorized in this Subparagraph shall be
in addition to all other charges authorized by law.
(c) In addition to all other fees or costs now or hereinafter provided by law, the
governing authority of the parish of East Feliciana may enact ordinances requiring the clerk
of court to impose, collect, and remit to the parish for the expenses of the clerk of court's
office an additional charge of five dollars for the registration and recordation of any
document in the mortgage and conveyance records and an additional charge of fifteen dollars
for the filing and recordation of adoptions, successions, and any other new civil suits filed
in or with the clerk of court's office. No additional charge shall be made for criminal court
filings, civil court filings in forma pauperis, oaths of office, U.C.C. filings, marriage licenses,
or any other filing for which no filing fee is charged. The clerk of court may retain five
percent of such additional charge to defray costs associated therewith. The charges
authorized in this Subparagraph shall be in addition to all other charges authorized by law.
(56) The Ouachita Parish Police Jury shall have the authority to enact ordinances
regulating the excavation of land within the unincorporated areas of the parish of Ouachita,
including but not by way of limitation the requirement that a permit be obtained prior to any
excavation of land; that all excavations of land conform to certain prescribed design criteria,
and for other similar rules and regulations as may be enacted by the Ouachita Parish Police
Jury. However, nothing in this Paragraph shall be construed to apply to facilities permitted
or regulated by the Department of Environmental Quality or the Department of Conservation
and Energy.
(57) To transfer any unclaimed deposits, held for a minimum of five years by any
parish, to the parish general fund. Prior to such transfer the governing authority shall comply
with the provisions of R.S. 9:168. If an owner subsequently comes forward within five years
after compliance with the provisions of R.S. 9:168 and can prove his ownership of any of the
funds, the parish shall return same to the owner.
(58)(a) In West Baton Rouge Parish, the police jury may adopt an ordinance creating
a parish tree commission and the position of parish/municipal forester. The ordinance shall
provide for the composition, selection, powers, duties, and functions of the commission. The
ordinance shall also provide for the selection, powers, duties, and functions of the
parish/municipal forester. The ordinance may require permits for the removal of or action
concerning or affecting any tree or shrub on public property and provide for the recovery of
damages. The ordinance may prohibit driving, parking, or storing vehicles or other
equipment in certain areas and provide penalties for violation of the ordinance. The parish
tree commission and the parish/municipal forester shall consult with and receive training and
technical assistance from the Department of Agriculture and Forestry. The ordinance shall
in no way conflict with the provisions of R.S. 3:4381 et seq.
(b) Any municipality within West Baton Rouge Parish may be included within the
jurisdiction of the tree commission and the parish/municipal forester upon adoption of a
resolution by the municipal governing authority approving such inclusion and by the
adoption of the appropriate municipal ordinance to implement and provide for the
enforcement of provisions identical to the parish ordinance.
(59) The governing authority of the parish of St. Landry may enact an ordinance
requiring its clerk of court to impose, collect, and remit to the parish for operational expenses
of the judicial system and its related agencies an additional charge, not exceeding five
dollars, for the registration and recordation of any document in the mortgage and conveyance
records; and an additional charge, not exceeding fifteen dollars, for the filing and recordation
of adoptions, successions, and any other new civil suits and written motions for hearings
filed in or with the clerk of court's office. No additional charge shall be made for criminal
court filings, civil court filings in forma pauperis, oaths of office, U.C.C. filings, sheriff's
commissions, marriage licenses, notary or appearance bonds, or any other filing for which
no filing fee is charged. The clerk of court may retain five percent of such additional charge
to defray costs associated therewith. Additionally, the governing authority of St. Landry
Parish may enact an ordinance requiring its sheriff to impose, collect, and remit to the parish
for operational expenses of the St. Landry Parish judicial system and its related agencies such
additional charge, not exceeding five dollars, for each tax certificate issued or filed by the
sheriff of St. Landry Parish. The charges authorized in this Section shall be in addition to
all other charges authorized by law.
(60) The governing authorities of the parishes of Ascension, Iberia, St. Mary, and
Vernon shall have a privilege against property for the amount of any unpaid service charge
or user fee for sewage disposal services of any sewage district located in the parish. Each
such governing authority may provide by ordinance for the filing into the public records of
notice of nonpayment of a service charge or user fee for sewage disposal services in any of
the sewage districts located in the parish. The filing of such notice of nonpayment shall
perfect the privilege against the property for which such charge or fee is not paid which shall
be prior in rank to mortgages, vendor's privileges, and all other privileges except tax
privileges. The ordinance shall provide for notice by certified mail, prior to filing such
notice in the public records, to any person who fails to pay such service charges or user fees
that a privilege exists upon the property for the amount of such unpaid charges or fees and
that such privilege will be perfected by the filing of a notice of nonpayment in the public
records. Not less than thirty days after mailing such notice and only after the person's
subsequent failure to pay such charge or fee within the thirty days, the notice of nonpayment
may be filed in the mortgage records of the parish.
(61) The governing authority of the parish of Rapides may enact an ordinance
requiring its clerk of court to impose, collect, and remit to the parish for operational expenses
of the judicial system and its related agencies an additional charge, not exceeding seven
dollars and fifty cents, for the filing and recordation of adoptions, successions, and any other
new civil suits and written motions for hearings filed in or with the clerk of court's office.
Such charges may be collected for a period not to exceed one year. No additional charge
shall be made for criminal court filings, civil court filings in forma pauperis, oaths of office,
U.C.C. filings, sheriff's commissions, marriage licenses, notary or appearance bonds, or any
other filing for which no filing fee is charged. The clerk of court may retain five percent of
such additional charge to defray costs associated therewith. Prior to enacting an ordiance
pursuant to this Paragraph, the governing authority of Rapides Parish shall hold three public
hearings regarding the charges to be collected. Notice of the hearings, including the time and
the place, shall be published at least twice in the official journal of the parish. The final
publication of such notice shall be at least ten days, but no more than twenty days, prior to
the date of the hearing. The charges authorized in this Paragraph shall be in addition to all
other charges authorized by law.
(62)(a) The governing authorities of the parishes of St. Charles and St. John the
Baptist may levy and collect an ad valorem tax not to exceed five mills on all taxable
property in their respective parishes for the purpose of providing additional funds for the
construction of a hurricane protection levee and related drainage structures, including but not
limited to pumps and pumping stations, located within the boundaries of their respective
parishes. In addition, the governing authority of each such parish, with the approval of the
State Bond Commission and the parish electorate, is authorized to issue bonds for the
purpose of construction of such levees and drainage structures.
(b) An ordinance imposing the tax herein authorized shall be adopted by the
governing authority only after the question of the imposition of said tax, including its
purpose, rate, and duration, has been submitted to the qualified electors of the parish at an
election held in accordance with the election laws of the state of Louisiana, and a majority
of those voting in the election have voted in favor of the proposition. The proceeds from the
tax levied in accordance with the provisions of this Paragraph shall be used exclusively to
construct hurricane protection levees and related drainage structures, including but not
limited to pumps and pumping stations.
(c) The tax authorized by this Paragraph may be levied throughout the parish as
provided in Subparagraphs (a) and (b) or within the affected area of the parish as designated
by the parish governing authority by ordinance and subject to approval by the voters of the
designated area as provided in Subparagraph (b).
(d) The governing authority is further authorized to enter into a cooperative
endeavor, pursuant to Article VII, Section 14(C) and Article VI, Section 20 of the
Constitution of Louisiana, with any levee district located wholly or partially within the
parish, for the construction of the hurricane protection levee and related drainage structures,
including but not limited to pumps and pumping stations.
(63)(a) The governing authority of the parish of Jefferson may adopt an ordinance
which establishes a maximum allowable wake created by any vessel on the waterways of that
parish, if such waterways are within the boundaries or immediately abutting any national
park. The maximum allowable wake established by such ordinance, regardless of the speed
or size of the vessel, may be fifteen inches in vertical height measured from the ambient tide
level to the crest of the vessel's bow wave at a distance not less than twenty-five feet from
the vessel. "No Wake" zones shall be posted on any waterways affected by such ordinance.
(b) The governing authority may adopt an ordinance which defines "wake" as all
changes in the vertical level of the water's surface caused by the passage of a vessel
including, but not limited to, a vessel's bow wave, stern wave, and propeller wash. Such
ordinance shall not authorize a vessel proceeding with a wake of fifteen inches or less to
travel at a speed in excess of the posted speed limit when in restricted areas.
(c) The governing authority may exempt from the provisions of such ordinance, any
person operating a vessel as a participant in or during officially sanctioned trial runs
preceding or following a lawfully permitted regatta or boat race, or any governmental officer
or employee operating a law enforcement, United States Coast Guard, or fire or rescue vessel
in the performance of his duties.
(d) The governing authority may adopt an ordinance which allows law enforcement
personnel to use mechanical, electronic, or photographic measuring devices during the
enforcement of such ordinance.
(e) The governing authority may adopt an ordinance which provides that any person
who violates the provisions of such ordinance may be fined fifty dollars for the first offense,
one hundred dollars for the second offense, and two hundred dollars for the third and all
subsequent offenses.
(64)(a) To seek reimbursement from a former parish employee on whose behalf the
parish paid licensure fees for a commercial driver's license when such employee is employed
by the parish for a period of six months or less from the date upon which the parish paid such
licensure fee on behalf of the employee. Reimbursement shall be limited to the amount of
the licensure fee paid by the parish.
(b) The former employee of the parish shall be liable to the parish for an amount
equal to the amount of the licensure fee paid by the parish.
(65) To pass ordinances establishing a juvenile curfew applicable outside the
incorporated areas of the parish.
(66) The governing authority of Ouachita Parish shall have the authority to enact
ordinances prohibiting the sales of certain animals along roadsides, in parking lots, and in
other outdoor areas in the unincorporated areas of Ouachita Parish.
*NOTE: 42 U.S.C.A. §2711 et seq. (cited in Par. (11)(B) of this Section).

Legislative History

Acts 1988, No. 390, §1; Acts 1988, No. 826, §1; Acts 1989, No. 164, §§1, 2; Acts 1989, No. 250, §2; Acts 1990, No. 714, §1, eff. July 20, 1990; Acts 1990, No. 837, §1, eff. July 24, 1990; Acts 1990, No. 965, §1; Acts 1991, No. 49, §1, eff. June 24, 1991; Acts 1991, No. 208, §1; Acts 1991, No. 247, §1; Acts 1992, No. 236, §2; Acts 1992, No. 614, §1, eff. July 2, 1992; Acts 1992, No. 618, §1, eff. July 2, 1992; Acts 1992, No. 639, §1, eff. July 2, 1992; Acts 1992, No. 661, §1; Acts 1993, No. 8, §1; Acts 1993, No. 181, §1; Acts 1993, No. 486, §1; Acts 1993, No. 805, §1, eff. June 22, 1993; Acts 1994, No. 32, §1; Acts 1995, No. 7, §1; Acts 1995, No. 62, §1; Acts 1995, No. 72, §1; Acts 1995, No. 378, §1, eff. June 16, 1995; Acts 1995, No. 889, §1; Acts 1995, No. 931, §1; Acts 1996, 1st Ex. Sess., No. 50, §1, eff. May 7, 1996; Acts 1997, No. 173, §1; Acts 1997, No. 441, §1; Acts 1997, No. 926, §1; Acts 1997, No. 939, §1; Acts 1997, No. 1275, §1; Acts 1998, 1st Ex. Sess., No. 148, §5; Acts 1999, No. 161, §§1, 2, eff. Jan. 1, 2000; Acts 2001, No. 94, §1, eff. May 24, 2001; Acts 2001, No. 490, §1, eff. June 21, 2001; Acts 2001, No. 845, §1; Acts 2003, No. 289, §1, eff. July 1, 2003; Acts 2003, No. 314, §1; Acts 2003, No. 539, §1; Acts 2005, No. 34, §1; Acts 2005, No. 317, §1, eff. June 29, 2005; Acts 2006, No. 376, §1, eff. June 15, 2006; Acts 2007, No. 219, §1, eff. July 2, 2007; Acts 2008, No. 294, §1; Acts 2008, No. 478, §1; Acts 2008, No. 653, §1, eff. July 1, 2008; Acts 2009, No. 515, §1, eff. July 10, 2009; Acts 2010, No. 165, §1; Acts 2011, 1 st Ex. Sess., No. 20, §1, eff. June 12, 2011; Acts 2011, No. 305, §1; Acts 2011, No. 306, §1, eff. June 28, 2011; Acts 2014, No. 811, §17, eff. June 23, 2014; Acts 2016, No. 263, §1; Acts 2016, No. 565, §1; Acts 2017, No. 140, §1; Acts 2022, No. 224, §1; Acts 2022, No. 752, §1; Acts 2023, No. 150, §8, eff. Jan. 10, 2024.