§ 33:9097.40 — Delmont Neighborhood Crime Prevention District

Louisiana § 33:9097.40

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§9097.40. Delmont Neighborhood Crime Prevention District
A. Creation. There is hereby created within the parish of East Baton Rouge, as more
specifically provided in Subsection B of this Section, a body politic and corporate which
shall be known as the Delmont Neighborhood Crime Prevention District, hereinafter referred
to as the "district". The district shall be a political subdivision of the state as defined in the
Constitution of Louisiana.
B. Boundaries. The boundaries of the district shall encompass the area included
within the following perimeter: beginning at the intersection of Sherwood Street and North
Foster Drive, then north along North Foster Drive to its intersection with Airline Highway,
then west along Airline Highway to its intersection with Interstate-110, then south along
Interstate-110 to its intersection with Monte Sano Bayou, then west along Monte Sano Bayou
to its intersection with Scenic Highway, then south along Scenic Highway to its intersection
with Dayton Street, then east along Dayton Street (both sides) to its intersection with Plank
Road, then northeast along Plank Road to its intersection with Sherwood Street, then east
along Sherwood Street to the point of beginning.
C. Purpose. The purpose of the district shall be to aid in crime prevention and to add
to the security of district residents by providing for an increase in the presence of law
enforcement personnel in the district.
D. Governance. (1) The district shall be governed by a board of commissioners
consisting of seven members as follows:
(a) The president of the Delmont Neighborhood Homeowners Association shall be
an ex officio member.
(b) The board of directors of the Delmont Neighborhood Homeowners Association
or its successor shall appoint one member.
(c) The member or members of the Louisiana House of Representatives who
represent the area which comprises the district shall appoint one member.
(d) The member or members of the Louisiana Senate who represent the area which
comprises the district shall appoint one member.
(e) The assessor for East Baton Rouge Parish shall appoint one member.
(f) The mayor-president shall appoint one member.
(g) The member or members of the metropolitan council who represent the district
shall appoint one member.
(2) All members of the board shall own property within the district.
(3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c) through
(g) of this Subsection shall be concurrent with the respective appointing authority.
(b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall
serve during his term of office as president of the Delmont Neighborhood Homeowners
Association.
(c) The member serving pursuant to Subparagraph (1)(b) of this Subsection shall
serve an initial term of two years, and each successor of such member shall serve a four-year
term. Vacancies resulting from the expiration of a term or any other reason shall be filled in
the manner of the original appointment. Members shall be eligible for reappointment.
(4) The members of the board shall select from among themselves a president and
such other officers as they deem appropriate. The terms and responsibilities of officers shall
be as provided by the bylaws of the board.
(5) The members of the board shall serve without compensation and shall not receive
reimbursement for expenses.
E. Powers and duties. The district, acting through its board of commissioners, shall
have the following powers and duties:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3) To receive and expend funds collected pursuant to Subsection F and in accordance
with a budget adopted as provided by Subsection G of this Section.
(4) To enter into contracts with individuals or entities, private or public, for the
provision of security patrols in the district.
(5) To purchase items and supplies which the board deems instrumental to achieving
the purpose of the district.
(6) To perform or have performed any other function or activity necessary for the
achievement of the purpose of the district.
F. Parcel fee. The governing authority of the district is hereby authorized to impose
and collect a parcel fee within the district subject to and in accordance with the provisions
of this Subsection:
(1) The amount of the fee shall be as requested by duly adopted resolution of the
governing authority of the district. The fee, however, shall not exceed one hundred fifty
dollars per parcel per year.
(2)(a) The fee shall be imposed on each improved parcel located within the district.
(b) For purposes of this Section, "parcel" means a lot, a subdivided portion of ground,
or an individual tract and shall not mean a "condominium parcel" as defined in R.S.
9:1121.103. Thus, with respect to condominiums, the fee collector shall impose the parcel
fee on each lot on which condominiums are situated and not on individual condominium
units.
(c) The owner of the parcel shall be responsible for payment of the fee. The tax
collector shall submit the bill for a parcel fee which is to be collected from condominium
owners to the condominium owners association, and the association shall pay the fee from
funds available for that purpose. The association shall remain liable for the entire fee until
it is paid.
(3)(a) The fee shall be imposed only after the question of its imposition has been
approved by a majority of the registered voters of the district voting at a regularly scheduled
primary or general election held for that purpose in accordance with the Louisiana Election
Code. At least thirty days prior to any election held to approve imposition of a parcel fee, the
board of commissioners shall mail notification of the upcoming election to each registered
voter of the district and to the owner of a parcel if the owner is not a registered voter of the
district. No other election shall be required except as provided by this Paragraph.
(b) The fee shall expire four years from its initial levy but may be renewed as
provided in Subparagraph (a) of this Paragraph. If renewed, the term of the imposition of the
fee shall be as provided in the proposition authorizing such renewal, not to exceed ten years.
(4) The fee shall be collected at the same time and in the same manner as ad valorem
taxes are collected by the sheriff, as ex officio tax collector, of East Baton Rouge Parish. The
sheriff shall collect and remit to the district all amounts collected not more than sixty days
after collection. The sheriff shall retain the same commissions as the sheriff receives for the
collection of ad valorem taxes.
(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall
be enforced with the same authority and subject to the same penalties and procedures as
unpaid ad valorem taxes.
G. Budget. (1) The board of commissioners shall adopt an annual budget in
accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The
budget and all amendments shall be subject to the approval of the district.
(2) The district shall be subject to audit by the legislative auditor pursuant to R.S.
24:513.
H. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the
additional law enforcement personnel and their services provided for through the fees
authorized in this Section shall be supplemental to and not in lieu of personnel and services
provided in the district by the city of Baton Rouge and East Baton Rouge Parish.
(2) If the district ceases to exist, any funds of the district shall be transmitted to the
governing authority of East Baton Rouge Parish and shall be used for law enforcement
purposes in the district.

Legislative History

Acts 2024, No. 777, §1, eff. June 21, 2024; Acts 2025, No. 50, §1, eff. June 4, 2025.