On Motion of ______________________, seconded by ...



On motion of _____________________, seconded by _____________________,

the following Ordinance was offered:

SUMMARY NO. 22867 ORDINANCE NO.

An Ordinance amending Chapter 4, Article I, Chapter 13, Article II, Chapter 29, Article I, Chapter 36, Article I, III, IV and Article V, Division 1, 2, and 3 of the Jefferson Parish Code of Ordinances relative to creating uniformity among the penalty provisions for those violations of the Jefferson Parish Code of Ordinances enforced by First Parish and Second Parish Courts, and otherwise providing with respect thereto. (Parishwide)

NOW, THEREFORE, THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:

SECTION 1. That Chapter 4, Article I, Section 4-4 be amended to be and read as follows:

Sec. 4-4.  Penalty for chapter violation.

The penalty for violation of any provision of the this chapter or article shall be a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months, or both, within the discretion of the court, in accordance with Section 1-10 of the Jefferson Parish Code of Ordinances. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or be imprisoned for not less than ten (10) days nor more than sixty (60) days, or both, at the discretion of the court; that for e

Each day any violation of any provision of this Code shall continue s, same shall constitutes a separate offense and shall be punishable as such hereunder.

SECTION 2. That Chapter 4, Article I, Section 4-5 be amended to be and read as follows:

Sec. 4-5.  Alcoholic beverages in motor vehicles.

* * *

(e) Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code Whoever violates the provisions of this section shall be fined not more than two hundred dollars ($200.00).

SECTION 3. That Chapter 13, Article II, Section 13-23 be amended to be and read as follows:

Sec. 13-23.  Fire lanes on shopping center property and on multiple-family residential property.

* * *

(h) Penalties.  Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 4. That Chapter 29, Article I, Section 29-6 be amended to be and read as follows:

Sec. 29-6.  Right-of-way obstruction.

* * *

(f) Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 5. That Chapter 36, Article 1, Section 36-3 be amended to be and read as follows:

Sec. 36-3.  Reckless, careless operation of vehicles prohibited.

* * *

(d) Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 6. That Chapter 36, Article I, Section 36-4 be amended to be and read as follows:

Sec. 36-4.  Driving, parking or storing vehicles on sidewalks prohibited.

It shall be unlawful for any person to drive, park or store an automobile or motor vehicle upon the public sidewalk in and about the parish.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 7. That Chapter 36, Article I, Section 36-5 be amended to be and read as follows:

Sec. 36-5.  Parking, storing, driving and/or riding a motor vehicle u[on servitudes, etc., prohibited.

* * *

(c)   Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 8. That Chapter 36, Article I, Section 36-6 be amended to be and read as follows:

Sec. 36-6.  Stop and yield intersections.

* * *

(e)   Penalties. Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 9. That Chapter 36, Article I, Section 36-7 be amended to be and read as follows:

Sec. 36-7.  Turning restrictions; designation of intersections.

* * *

(c)   Penalties. Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 10. That Chapter 36, Article III, Section 36-50 be amended to be and read as follows:

Sec. 36-50.  Playground zones.

* * *

(d) At those playground areas having legally installed playground zone signs, the posted school zone speed limit shall be in effect at all times Any motor vehicle operator violating the provisions of this section shall be fifteen dollars ($15.00).

(e) Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 11. That Chapter 36, Article III, Section 36-51 be amended to be and read as follows:

Sec. 36-51.  School zones.

* * *

(k) Any motor vehicle operator violating the provisions of this section shall be punished as set forth in Section 1-10 of this Code. The penalty for violation of the school zone or school crossing speed limit shalll be chartered herewith:

(1) One (1) to five (5) miles per hour over the limit . . . $10.00

(2) Six (6) to ten (10) miles per hour over the limit . . . 15.00

(3) Eleven (11) to fifteen (15) miles per hour over the limit . . . 20.00

(4) Sixteen (16) to twenty (20) miles per hour over the limit . . . 25.00

(5) More than twenty (20) miles per hour over the limit . . . 35.00

SECTION 12. That Chapter 36, Article IV, Section 36-70.1 be amended to be and read as follows:

Sec. 36-70.1  Penalty for violation of section 36-70.

a)   Any person operating a commercial vehicles on any of the streets designated and named in paragraph (b) herein in violation of the provision of Section 36-70 of this Code shall be punished as set forth in Section 1-10 of this Code subject to the following fines, plus any court costs and/or penalties imposed by the adjudicating authority: one hundred dollars ($100.00) for the first violation; two hundred fifty dollars ($250.00) for the second violation; and five hundred dollars ($500.00) for the third or any subsequent violation.

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SECTION 13. That Chapter 36, Article V, Division 1, Section 36-88 be amended to be and read as follows:

Sec. 36-88.  Unlawful to park a vehicle on street more than forty-eight hours.

It shall be unlawful for any person or entity to park, store, stop, leave standing or permit the parking, storing, stopping or standing of any vehicle on any street, highway, roadway or shoulder or curb thereof for longer than forty-eight (48) consecutive hours.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 14. That Chapter 36, Article V, Division 1, Section 36-89 be amended to be and read as follows:

Sec. 36-89.  Areas where parking is prohibited.

* * *

(c)   Penalties. Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.  Any motor vehicle operator violating the provisions of this section shall upon conviction be fined ten dollars ($10.00). 

SECTION 15. That Chapter 36, Article V, Division 1, Section 36-90 be amended to be and read as follows:

Sec. 36-90.  Violation of no parking zones.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.  Any motor vehicle operator who parks in a posted no parking zone or in a restricted zone beyond the time limit shall upon conviction be fined not more than ten dollars ($10.00).

SECTION 16. That Chapter 36, Article V, Division 1, Section 36-91 be amended to be and read as follows:

Sec. 36-91.  Ten feet of roadway for free traffic movement required.

No person shall stop, stand park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 17. That Chapter 36, Article V, Division 1, Section 36-92 be amended to be and read as follows:

Sec. 36-92.  On neutral ground.

No person shall park any vehicle or permit it to stand, either attended or unattended, on the public neutral ground of any street, road or highway of the parish, except where permitted by the appropriate parish department, which permission shall be indicated by the erection of appropriate signs in the area.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 18. That Chapter 36, Article V, Division 1, Section 36-93 be amended to be and read as follows:

Sec. 36-93.  Near intersections.

* * *

(c)  Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 19. That Chapter 36, Article V, Division 1, Section 36-94 be amended to be and read as follows:

Sec. 36-94.  Blocking of driveways.

* * *

This section shall not prevent a legal occupant of a structure from parking a vehicle in front of his/her own driveway providing that such parking does not violate any other parish ordinance.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 20. That Chapter 36, Article V, Division 1, Section 36-95 be amended to be and read as follows:

Sec. 36-95.  Near fire hydrant.

No person shall park any vehicle or permit it to stand, either attended or unattended, on the public streets, roads or highways of the parish within twenty (20) feet on either side of a fire hydrant.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code

SECTION 21. That Chapter 36, Article V, Division 1, Section 36-96 be amended to be and read as follows:

Sec. 36-96.  Display of "for sale" signs.

* * *

(d)  Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 22. That Chapter 36, Article V, Division 1, Section 36-97 be amended to be and read as follows:

Sec. 36-97.  Prohibited repair of automobiles and trucks on streets and sidewalks.

(a) It shall be unlawful to do any repair work on automobiles, trucks and/or other vehicles on the public streets, sidewalks (including the area between the street edges and the sidewalks) or other public places that would:

(1)   Require the lifting of more than one (1) wheel at a time from the ground;

(2)   Require a person to go under the automobile or truck to do the work, except in the case where it is necessary to disconnect the drive shaft in order that the vehicle may be towed;

(3)   Require the dismantling in whole or in part or the removal of the motor, the transmission, the rear end drive, the radiator, the gas tank, or the brake drums; and

(4)   Require the removal of any of the body parts.

(b) Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code

SECTION 23. That Chapter 36, Article V, Division 1, Section 36-99 be amended to be and read as follows:

Sec. 36-99.  Parking areas at public buildings.

* * *

(d)   Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code Any person who violating the provisions of this section shall be guilty of a misdemeanor and subject to a fine of twenty-five dollars ($25.00), or such fine established by any local municipal ordinance, and shall be liable for all towing and/or storage fees.

SECTION 24…. That Chapter 36, Article V, Division 1, Section 36-100 be amended to be and read as follows:

Sec. 36-100.  Unauthorized parking on private property.

* * *

(f)   Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code Any person violating the provisions of this section shall upon conviction be fined twenty-five dollars ($25.00).

SECTION 25. That Chapter 36, Article V, Division 2, Section 36-116 be amended to be and read as follows:

Sec. 36-116.  Mobility impaired parking designations.

* * *

(g)   Any person who violates any the provision-s- of this section shall be punished as set forth in Section 1-10 of this Code fined two hundred seventy-five dollars ($275.00). In addition to such fine, the offender shall be required to pay all court costs plus all towing fees and storage costs, if any.

* * *

SECTION 26. That Chapter 36, Article V, Division 2, Section 36-117 be amended to be and read as follows:

Sec. 36-117.  Regulation of stopping, standing and parking in freight curb zones.

* * *

(c)  Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code.

SECTION 27. That Chapter 36, Article V, Division 3, Section 36-129 be amended to be and read as follows:

Sec. 36-129.  Prohibition.

No persons shall advertise or display a vehicle for sale, nor discard or park any junked, derelict, abandoned vehicle or any part of a vehicle on a parish street or right-of-way as defined in Section 29-6(a)(2), or any vacant or unused portion of parish or private property. For purposes of this section, any object, which is moved or pulled by its being attached to a vehicle, such as a boat or trailer, hauler or camper, is also considered a part of a vehicle.

Any person who violates any provision of this section shall be punished as set forth in Section 1-10 of this Code

SECTION 28. That all ordinances in conflict with the provisions of this proposed ordinance are hereby repealed.

SECTION 29. That any and all sections found to be void or in conflict with other laws be repealed without the repealing of the entire ordinance.

SECTION 30. That the Chairman of the Jefferson Parish Council, or in his absence, the Vice-Chairman, is authorized to sign and approve this Ordinance to create uniformity among the penalty provisions for those violations of the Jefferson Parish Code of Ordinances enforced by First Parish and Second Parish Courts.

The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:

YEAS: NAYS: ABSENT:

This ordinance was declared to be adopted on the 14th day of October, 2009, and shall become effective as follows: if signed forthwith by the Parish President, ten (10) days after adoption; thereafter, upon the signature by the Parish President, or, if not signed by the Parish President, upon expiration of the time for ordinances to be considered finally adopted without the signature of the Parish President, as provided in Section 2.07 of the Charter. If vetoed by the Parish President and subsequently approved by the Council, this ordinance shall become effective on the day of such approval.

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