ARTICLE I IN GENERAL   (Return to Table of Contents)

This article shall be known and may be cited as the "St. Tammany Parish Litter Prevention Ordinance." For the purposes of this Article, the following definitions shall apply:(Ord. 01-0284, adopted 03/01/2001)

Definitions:

Court shall mean any Justice of the Peace Court in the Parish of St. Tammany and/or any Division of the 22nd Judicial District Court for the Parish of St. Tammany and/or Slidell City Court.

Dispose shall mean, in any way whatsoever, to throw, discard, place, deposit, discharge, burn, dump, drop, eject, or allow the escape of a substance.

Litter shall mean all waste material except as provided and defined in LA--R.S. 30:2173(2), including but not limited to disposable packages, containers, sand, gravel, rubbish, cans, bottles, refuse, garbage, trash, debris, dead animals, furniture or appliances, automotive parts, including but not limited to, tires and engines, trailers, boats, and boating accessories, tools and equipment, and building materials, or discarded materials of any kind and description. Litter shall not include agricultural products that are being transported from the harvest or collection site to a processing or market site if reasonable measures are taken to prevent the agricultural product from leaving the transporting vehicles. Litter also shall not include recyclable cardboard being transported in compressed bundles to processing facilities. "Agricultural product,” as used in this definition, means all crops, livestock, poultry, and forestry; and all aquacultural, floricultural, horticultural, silvicultural, and viticultural products.

Local governing authority shall mean the St. Tammany Parish Council.

Parish shall mean the jurisdictional area where the offense was committed, including but not limited to the jurisdictional boundaries of the Parish of St. Tammany and all its waterways.

Public or private property means the right-of-way of any road or highway, levee, any body of water or watercourse or the shores or beaches thereof, any park, playground, building, refuge, or conservation or recreation area, and residential or farm properties, timberlands, or forests.

Gender shall be the use of him, her, his, hers, its; such words are understood to be interchangeable.

Person shall mean any human being, municipality, or other governmental or political subdivision or other public agency, public or private corporation, partnership, firm, association, organization, receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity. (Amended by Ord. No. 04-0916, adopted 06/03/2004)

It is the purpose of this chapter and it is hereby declared to be the policy of the parish to implement a comprehensive plan to regulate litter and to eliminate litter as much as possible in a manner that will:

1. Protect the public health, safety and welfare;

2. Prevent land, water and air pollution;

3. Prevent the spread of disease and the creation of nuisances;

4. Conserve natural resources;

5. Enhance the beauty and quality of the environment.

(Ord. 01-0284, adopted 03/01/2001)

A. The owner, his agent and occupant of any property shall maintain the premises in a sanitary and litter-free condition.

B. No person shall place, deposit or allow to be placed or deposited on his premises or any other premises to include any public street, road or alley any refuse or other objectionable waste, except in a manner described in this chapter.

C. The owner, his agent and occupant of any premises, and other persons having responsibilities as described herein, shall be responsible for the proper storage, collection, transportation and final disposal of all refuse originating on the premises, by a method or methods described in this chapter.

(Ord. 01-0284, adopted 03/01/2001)

A. No person shall intentionally dispose or permit the disposal of litter upon any public place in the Parish, upon private property in the Parish not owned by him, upon property located in rural areas in the Parish not owned by him, or in or on the waters of the Parish, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except when such property is designated by the Parish or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose.

B. If the litter is disposed from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined in LA--R.S. 32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be an inference that the possessor committed the act of disposing.

C. When litter disposed in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings that display the name of a person or any other manner indicate that the article belongs or belonged to such person, there shall be an inference that such person has violated this Section.

1. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.

2. a. Whoever violates the provisions of this Section shall, upon first conviction, be fined two hundred and fifty ($250.00) dollars and sentenced to serve eight (8) hours of community service in a litter abatement work program as approved by the Court.

b. Upon second conviction, an offender shall be fined five hundred ($500.00) dollars and sentenced to serve sixteen (16) hours of community service in a litter abatement work program as approved by the Court.

c. Upon third or subsequent conviction, an offender shall be fined one thousand two hundred and fifty ($1,250.00) dollars, have his motor vehicle driver s license suspended for one year, be imprisoned for not more than thirty (30) days, and be sentenced to serve eighty (80) hours of community service in a litter abatement work program as approved by the Court, or all or any combination of the aforementioned penalties provided by this Subparagraph.

d. The judge may require an individual convicted of a violation of this Section to remove litter from Parish highways, public rights-of-way, public playgrounds, public parks or other appropriate locations for any prescribed period of time in lieu of the penalties prescribed in this Section.

(Ord. 01-0284, adopted 03/01/2001; amended by Ord. 08-1763, adopted 03/06/2008)

D. A person may be found guilty and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.

E. For the purposes of this Section, each occurrence shall constitute a separate violation.

F. In addition to penalties otherwise provided, a person convicted under this Section shall:

1. Repair or restore property damaged by or pay damages for any damage arising out of the violation of this Section.
2. Pay all reasonable investigative expenses and costs to investigative agency or agencies.
3. Pay all other reasonably related costs and expenses of any nature whatsoever incurred by the Parish, including but not limited to administrative expenses, attorney fees, and all costs.

(Ord. 01-0284, adopted 03/01/2001)

A. No person shall intentionally dispose or permit the disposal of any household or office furniture or appliances, automotive parts, including but not limited to, tires and engines, trailers, boats, and boating accessories, tools, and equipment, building materials, and bags or boxes of household or office garbage or refuse upon any public place in the Parish, upon private property in the Parish not owned by him, upon property located in rural areas in the Parish not owned by him, or in or on the waters of the Parish, whether from a vehicle or otherwise, including but not limited to, any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except when such property is designated by the Parish or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose.

B. If the litter herein as defined is disposed of from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined by LA--R.S. 32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be an inference that the possessor committed the act of disposing.

C. When litter disposed in violation of this Ordinance is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings that display the name of a person or in any other manner indicate that the article belongs or belonged to such person, there shall be an inference that such person has violated this Section.

D. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.

1. Whoever violates the provisions of this Section shall, upon first conviction, be fined not less than five hundred ($500)dollars nor more than one thousand ($1,000) dollars and sentenced to serve eight (8) hours of community service in a litter abatement work program as approved by the court.

2. Upon second conviction an offender shall be fined not less than one thousand (1,000) dollars nor more than two thousand five hundred ($2,500) dollars and sentenced to serve twenty-four (24) hours of community service in a litter abatement work program as approved by the court.

Upon third or subsequent conviction, an offender shall be fined not less than one thousand five hundred ($1,500) dollars nor more than five thousand ($5,000) dollars have his motor vehicle driver s license suspended for one year, be imprisoned for not more than thirty days, or sentenced to serve not less than forty-eight (48) and not more than one hundred (100) hours in a litter abatement work program as approved by the court, or all or any combination of the aforementioned penalties.

E. The Court may require an individual convicted of a violation of this Section to remove litter from state highways, public rights-of-way, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of the penalties prescribed in this section.

F. A person may be found guilty and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.

G. For the purposes of this Section, each occurrence shall constitute a separate violation.

H. In addition to penalties otherwise provided, a person convicted under this Section shall:

1. Repair or restore property damaged by or pay damages for any damage arising out of the violation of this Section.

2. Pay all reasonable investigative expenses and costs to the investigative agency or agencies.

3. Pay all other reasonably related costs and expenses of any nature whatsoever incurred by the Parish, including but not limited to administrative expenses, attorney fees, and all costs.

(Ord. 01-0284, adopted 03/01/2001)

A. No person shall dispose or permit the disposal of litter resulting from industrial, commercial, mining, or agricultural operations in which the person has a financial interest upon any public place in the Parish, upon private property in this Parish not owned by him, upon property located in rural areas in this Parish not owned by him, or in or on the waters of this Parish whether from a vehicle or otherwise, including but not limited to any public highway public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley; except, when such property is designated by the Parish or by any of its agencies or political subdivisions for the disposal of such items and such person is authorized to use such property for such purpose.

B. No person shall operate any truck or other vehicle in such a manner or condition that litter resulting from industrial, commercial, mining, or agricultural operations in which the person is involved can blow or fall out of such vehicle or that mud from its tires can fall upon the roadway.

C. If the litter is disposed of from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or school bus, all as defined by LA--R.S.32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be a permissive rebuttable presumption that the possessor committed the act of disposing.

D. When litter disposed in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings that display the name of a person or in any other manner indicates that the article belongs or belonged to such person, there shall be a permissive rebuttable presumption that such person has violated this Section.

E. A person shall be jointly and severally liable for the actions of its agents, officers, and directors for any violation of this Section by any agent, officer, or director in the course and scope of his employment or duties.

F. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.

G. Any person found liable under the provisions of this Section shall:

1. Pay a civil penalty of one hundred ($100) dollars.

2. Repair or restore property damaged by or pay damages for any damaging arising out of the violation of this Section.

3. Pay all reasonable investigative expenses and costs to the investigative agency or agencies.

4. Pay for the cleanup of the litter unlawfully discarded by the defendant

H. Any person found liable under the provisions of this Section shall pay special court costs of fifty ($50) dollars in lieu of other costs of court that shall be disbursed as follows:

1. Twenty dollars ($20) shall be paid to the judicial expense fund for that judicial district, or to the justice of the peace or the city court, as the case may be.

2. Twenty dollars ($20) shall be paid to the office of the district attorney, or to the constable or to the municipal prosecuting attorney, as the case may be.

3. Ten dollars ($10) shall be paid to the clerk of the district court, or to the justice of the peace or the city court, as the case may be.

I. A person may be held liable and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.

J. For the purposes of this Section, each occurrence shall constitute a separate violation.

(Ord. 01-0284, adopted 03/01/2001)

A. No person shall dispose or permit the disposal of litter upon any public place in this Parish, upon private property in this Parish not owned by him, upon property located in rural areas in this state not owned by him, or in or on the waters of this state whether from a vehicle or otherwise, including but not limited to any public highway public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley.

B. No person shall operate a motor vehicle on any highway or a boat on any waters in such a manner or condition that the contents can blow or fall out of such vehicle or boat.

C. No person shall dispose of litter in such a manner that the litter may be carried away or deposited by the elements upon any parts of said public or private property or waters.

D. If the litter disposed of is from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined by LA--R.S. 32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be a permissive rebuttable presumption that the possessor committed or permitted the act of disposing.

E. When litter disposed in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings that display the name of a person or in any other manner indicates that the article belongs or belonged to such person, there shall be a permissive rebuttable presumption that such person has violated this Section.

F. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.

G. Persons found liable under the provisions of this Section shall be assessed the following penalties:

1. For a first violation, such person shall be either fined seventy-five ($75) dollars or be given the option to perform eight (8) hours of community service in a litter abatement work program in lieu of the assessed fine.

2. For a second violation and each subsequent violation, such person shall either be fined five hundred ($500) dollars or be given the option to perform sixteen (16) hours of community service in a litter abatement work program in lieu of the assessed fine.

H. Persons found liable under the provisions of this Section shall pay special court costs of one hundred ($100) dollars in lieu of other costs of court and the special court costs shall be disbursed as follows:

1. Twenty dollars ($20) shall be paid to the judicial expense fund for that judicial district, or to the justice of the peace or the city court, as the case may be.

2. Twenty dollars ($20) shall be paid to the office of the district attorney, or to the constable or to the municipal prosecuting attorney, as the case may be.

3. Ten dollars ($10) shall be paid to the clerk of the district court, or to the justice of the peace or the city court, as the case may be.

4. Twenty-five ($25) dollars shall be paid to the state treasury for credit to the Keep Louisiana Beautiful Fund.

5. Twenty-five ($25) dollars shall be paid to the law enforcement agency that issued the citation.

I. A person may be held liable and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.

J. For the purposes of this Section, each occurrence shall constitute a separate violation.

(Ord. 01-0284, adopted 03/01/2001; amended by Ord. 08-1763, adopted 03/06/2008)

A. A "court approved community service litter abatement program" may be created by the Office of the Parish President. Such program shall supervise persons ordered by state and local courts to perform community service work collecting or removing litter. If such program is not created, a fee schedule shall be established by the Court having jurisdiction over the matter.

B. If a community service program is established, a person who participates in a community service litter abatement work program shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, nor against any employee or agent of such entity, for any injury or loss suffered by him during or arising out of his participation in the program, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its employee or agent. The entity shall not be liable for any injury caused by the individual participating in the program unless the gross negligence or intentional act of the entity or its employee or agent was a substantial factor in causing the injury. No provision hereof shall negate the requirement to provide an offender with necessary medical treatment as statutorily required.

(Ord. 01-0284, adopted 03/01/2001)

A. All fines, either civil or criminal, collected pursuant to this article or any applicable state law shall be deposited in a beautification fund administered by the Office of the Parish President for the purpose of encouraging, organizing, and coordinating volunteer local anti littering campaigns, to pay expenses for litter clean up, collection, enforcement, prosecution and prevention, and to purchase and operate equipment in connection thereof, all in accordance with LA--R.S. 33:1236.2 and LA--R.S. 33:1236 (54).

B. The Office of the Parish President may establish a litter control section within the Parish to enforce the provisions of this Section.

(Ord. 01-0284, adopted 03/01/2001)

A. A Justice of the Peace shall have concurrent jurisdiction over the litter violations occurring in the Parish. In addition, a constable may issue summons and serve subpoenas anywhere in the Parish all in accordance with LA--R.S. 13:2586. Prosecution of litter violations and compensation in criminal cases of a justice of the peace and constable shall be in accordance with LA--R.S. 13:2587.1 and LA--R.S. 13:2589.(Ord. 01-0284, adopted 03/01/2001)

A. To fulfill the obligations and responsibilities assigned to it under LA--R.S. 30:2521, the Parish has developed a program to be known as "Adopt-A-Road" whereby an individual, business or private civic organization may adopt section of Parish roadway or parks for the sole purpose of controlling litter along that section of road. Included in the responsibilities of any business or private civic organization that chooses to participate in the program shall be the following:

1. Develop a functional plan to influence and encourage the public to improve the appearance of the road or park.

2. Conduct four (4) general cleanups annually for two years.

(Ord. 01-0284, adopted 03/01/2001)

A. All fines collected by the Justice of the Peace Courts for litter violations pursuant to La. R.S. 25:1101 et seq. shall be paid to St. Tammany Parish pursuant to La. R.S. 25:1112. St. Tammany Parish shall reimburse the Justice of the Peace Court which handles the litter violation(s) for the time spent and expenses incurred pursuant to La. R.S. 13:2589(B). This reimbursement shall consist of FIFTY PERCENT (50%) of the fines collected by St. Tammany Parish from the Justice of the Peace Courts.

(Ord. No. 89-1148, adopted 09/21/89; amended by Ord. No. 01-0284, adopted 03/01/2001)

CROSS REFERENCE: See Section 9-019.00 of the Code of Ordinances, and Division 3 entitled "Permit and Fee System for Solid Waste Disposal" of Chapter 9 beginning at Section 9-030.11 through Section 9-030.14 therein.

a) Prohibited. It shall be unlawful for any person to dump, throw or have in his pos­session any bot­tle, container or other item made of glass while on the premises of any public park, beach, play­ground, camp­ground or other recreational fa­cility in the unincorporated areas of this parish.

b) Enforcement. Enforcement of this Section is authorized, directed and empowered to the Sheriff s Department, State Police, Justices of the Peace, and duly authorized Parish Violation officials.

c) Violation. Any violation of this Section shall constitute a misdemeanor punishable as contained in Section 1-008.0 of this Code of Ordinance, and may be tried in the 22nd Judicial District Court or any appropriate Justice of the Peace Court in St. Tammany Parish in accordance with Acts 250 and 296 of the 1989 Legislature.

d) Fines: Any fines collected by the Justice of the Peace Courts for violations hereof shall be paid to St. Tammany Parish pursuant to La. R.S. 25:1101 et seq., and the Parish shall reimburse said Courts pur­suant to La. R.S. 13:2589(B).

(Ord. No. 92-1622; Adopted 7/16/92)

STATE REFERENCE: LSA R.S. 25:1101 et seq.; Acts 250 and 296 of the 1989 Legislature.

It shall be unlawful for any person to obstruct any ditch or waterway with any trees, logs, earth or other substance. (Ord. adopted 07/10/1900; Ord. adopted 11/17/15)

1. It shall be unlawful for any person to obstruct the waterways and shoreline within one thousand (1,000) feet of the Lake Road Boat Launch by docking any vessel(s), the placement of any structure(s), permanent or temporary, or any other obstruction possibly impeding the access or safe use of the launch area.
2. Enforcement of this Section is authorized, directed and empowered to the Sheriff s Department and the Parish Department of Public Works.
3. Any person(s) found to be in violation of the provision of this Section shall be subject to the penalty provisions of Section 1-008.0 of the Code of Ordinances. (Ord. No. 84-294, adopted 12/20/84)

It shall be unlawful for any pilot of any aircraft, airplane, seaplane to land, take off or taxi in or on any road or waterway or from any lot or tract of ground situated in Eden Isles Subdivision, Units 1, 2, 3 and 4, all as more fully shown in said subdivision plats which are filed in the Office of the Clerk of Court for St. Tammany Parish, Louisiana, except in a bonafide emergency.

(Ord. 81-298, adopted 11/24/81)

It shall be unlawful for fortune-tellers, mind readers, faith healers, palm readers, Indian advisors or others engaged in similar activities, to operate within the Parish. (Ord. No. 303, Bk. 5, P. 84)

It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by the Sheriff s Department in the performance of the functions or duties of such Department, or to interfere with or meddle with any such dog while being used by said Department or any officer or member thereof in the performance of any of the duties or functions of said Department or of such officer or member. (Ord. No. 314, Bk. 5, P. 165)

It shall be unlawful for any person, group, company, corporation or organization to apply, use, or incorporate the use of any herbi­cide, including but not limited to, those registered with and/or approved by the U. S. Environmental Protection Agency or the Louisiana Department of Agriculture and Forestry, for the manage­ment, control, eradication or maintenance of weeds, grass, trees, shrubs, foliage, vegetation or other natural growth in any parish right-of-way, ditch, servitude, drainage area, roadside, road shoulder, green area, buffer zone, waterway, neutral ground or median in the unincorporated areas of St. Tammany Parish. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1789, adopted 08/19/93)

CROSS REFERENCE: See also in Section 11-066.00, .01, .03 and 11-066.05; see also in Sections 20-002.20 through 20-002.23.

a) Herbicide: Any substance, chemical, toxic, element or composition thereof, commonly or professionally known, identi­fied as, or used, for the purpose of destroying, eradicating, eliminating, killing, stunting or preventing weeds or the growth thereof. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

b) Parish rights-of-way, etc.:

1) Right-of-way: Any public way, street, road, alley, easement, servitude or access, which was dedicated to or acquired by the Parish to provide means of access to abutting properties; whether paved, improved or unimproved, including those areas dedicated for proposed or future uses.

2) Ditch: Natural or dedicated area which provides for the containment or flow of water from rain or adjacent drainage areas or waterways such as streams, creeks, ponds, lakes or rivers.

3) Servitude: A right-of-way through or across property belong­ing to another.

4) Easement: Designated right to use the property of another for a specific purpose, i.e., drainage, utility easement.

5) Drainage Area: Area maintained for the purpose of channeling or preventing accumulation of water from surrounding land.

6) Roadside/Road Shoulder: Natural or dedicated areas which are parallel, contiguous to, abut, adjoin, border, edge, connect or approach any public right-of-way, road, street or highway.

7) Median/Neutral Ground: The area dividing or separating a roadway and not used for right of passage.

(Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

Exempt herefrom are hand held manual pump sprayers up to a maximum three (3) gallon capacity. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

A violation of the provisions of this article [Division] shall constitute a misdemeanor and shall be punishable under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

This article shall be known and may be cited as the “St. Tammany Parish Advertising Signs on Rights-of-Way”.

Parish shall mean the jurisdictional boundaries of the Parish of St. Tammany and all its waterways.

Political sign shall mean any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure.

Real Estate sign shall mean any temporary sign pertaining to the sale, lease or rental of land or buildings, which is erected or displayed on the lot or parcel to which it applies.

Right-of Way shall mean any portion of ground dedicated to the Parish for public use as a street or other use.

Sign shall mean a medium of communication, including its structure and component parts, which is used or intended to be used to attract attention to its subject matter or location usually for advertising purposes.

Sign owner shall mean that person who owns a sign and/or is responsible for a sign. In those cases in which an owner cannot be determined; the owner of the subject being advertised shall be deemed the owner of the sign.

Snipe sign shall mean a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to poles, stakes, or to other like objects.

The erection, installation, maintaining or otherwise placing or permitting to remain upon any Parish highway, right-of-way, including the shoulder, bank, and outer or far side thereof, street, roadway, emergency lane, median, of any commercial advertising sign, snipe sign, poster, marker, placard, notice, light, signal light, warning of direction sign, is prohibited, except insofar as specifically excepted according to provisions made in this ordinance.

The above prohibition shall not apply to the following:

1. Signs placed by the Parish Department of Public Works and Parish Department of Planning, or by order of the Parish President or Parish Council to direct, warn, caution or inform the traveling public for the convenience and safety thereof;

2. Signs placed by the Louisiana State Department of Transportation and Development or other state agency for the purpose of informing or warning the public of a regulation made pursuant to law by such agency in keeping with its purposes, the safety, convenience or welfare of the public;

3. Signs placed by the authorities of incorporated municipalities within their corporate limits, in those instances where a parish road crosses or enters a municipal corporation;

4. Signs placed by railroad companies at or near railroad crossings, where required or permitted by law.

The Parish Director of Planning, or his designee, may issue temporary permits, or certificates of authority, permitting the advance placement on private property, of temporary signs with the purpose of directing guests, members of organizations or other persons to a spot or location where a permitted special event will be held. (amended by Ord. No. 03-0615, adopted 02/06/2003)

Any such temporary permit shall be in writing and signed by the issuing officer, and it shall provide that after the permitted special event, all such signs shall be removed by the person to whom the temporary permit is issued; a sum estimated as sufficient to defray the expense of removing the signs if such permittee fails to do so, shall be collected at the time the temporary permit is issued. The security shall be returned when satisfactory evidence of the removal of such signs by permittee has been presented to the issuing official.

(amended by Ord. No. 03-0615, adopted 02/06/2003)

If the Council, by resolution or ordinance, grants a special permit, either temporary or permanent, for the placement of any sign in the right-of-way of any road, such resolution or ordinance shall not be deemed a repeal of these procedures, but shall be deemed an exception, along with those exceptions listed above in Exemptions from General Provisions.

1. Apparent Value: When structures, signs, obstacles, etc., are of a permanent nature with significant value, the sign owner will be notified by certified mail to remove it within five (5) days. When items do not have significant value but do retain some apparent value, the owner shall be notified orally to remove it within five (5) days. All signs of significant or apparent value will be marked with a NOTICE OF VIOLATION at the time of owner notification. If the owner is unknown or cannot be found, a NOTICE OF VIOLATION shall be affixed to the object setting forth that it must be removed within five (5) days from the date specified. Failure to remove within the specified period of time serves as forfeiture of all rights thereto and the Parish Government may remove the object for its own use, and dispose of it in any way deemed necessary. The owner and any other person responsible therefore remains liable for any damages to the public property or expenditures of public funds resulting from the installation or removal of such items.

(amended by Ord. No. 03-0615, adopted 02/06/2003)

2. No Apparent Value: Structures, signs, obstacles, etc. that have no apparent value will be summarily removed and destroyed or disposed of in the most cost effective manner available. Items in this category are wooden stake signs, small cardboard signs, light paper signs, signs nailed to utility poles, snipe signs, signs deemed to be a traffic hazard or obstacle to right-of-way maintenance.

3. Political, Real Estate, or Similar Type Signs: Political, real estate, or similar type signs shall not be located within the public right-of-way. Large signs (i.e. plywood with 2 by 4 supports, or signs that exceed 4 square feet in surface area) will be marked with a NOTICE OF VIOLATION and removed after five (5) days. The ultimate disposition of political, real estate, or similar type signs will be provided in paragraph two (2) above. (amended by Ord. No. 03-0615, adopted 02/06/2003)

4. Potential Traffic Hazard or Obstacle to Maintenance: Any structure, sign, headwall, obstacle, object, deposit, or thing which is potentially hazardous or interferes with road or structure maintenance because of its location or type of construction will be removed as provided for in paragraph two (2) above.

Any commercial advertising sign, snipe sign, poster, marker, placard, notice, light, signal light, warning of direction sign, or any other sign as defined in the foregoing sections, considered to be of no apparent value or potential traffic hazard or obstacle to maintenance is subject to immediate removal and disposal by the Department of Permits and Regulatory, Department of Planning, Code Enforcement/Violations officers, Department of Environmental Services, Litter Abatement, St. Tammany Parish Constables, as soon as possible after either of those departments and/or officials is made aware of the location of such signs on public property or within the right-of-way.

Any violation of the aforementioned Sections shall be considered a violation of the Parish Code of Ordinances and is subject to the civil and criminal procedures provided therein.

(Ord. No. 02-0551, adopted 10/10/2002; amended by Ord. No. 03-0615, adopted 02/06/2003)

CROSS REFERENCE: See Section 20-014.00 in Chapter 20

ARTICLE II WATERCRAFT SPEED LIMITS   (Return to Table of Contents)

Editorial Note: New Section 15-006.00 replaced Sections 15-006.00 through 15-66.031 under authority of Ord. No. 98-2881, adopted 6/18/98

A. Unlawful operation: It shall be unlawful to operate any vessel or watercraft on any waterway in St. Tammany Parish such that its speed exceeds a speed of “dead slow” within the following described “Dead Slow, No Wake” zones:

1. Tchefuncte River Area

a. A portion of the Tchefuncte River from a point 1.5 miles upstream from the river’s mouth at Lake Pontchartrain to a point 2.75 miles north of the river’s mouth at Lake Pontchartrain. This 1.25 mile stretch of river encompasses an area from roughly 700 yards south of the Highway 22 bridge south of the Marina Del Ray entrance to a point in the curve just upstream from the commercially developed portion of Highway 22 that backs up to the river.

b. A portion of the Tchefuncte River beginning at a line across the river at a point 200 feet north of an inlet off the river commonly known as “High Bridge Canal”, and extending to a line across the river at a point 100 feet south of the High Bridge Canal. (Ord. 01-0396, adopted 11/15/2001)

c. Within the “Tchefuncte Country Club Marina” and associated canals and slips, including the mouth of the marina at the Tchefuncte River, in their entireties.

d. Within the “Marina Beau Chene” and associated canals and slips in their entireties.

e. Pontchitolowa Creek from its mouth at the Tchefuncte River to a bridge at Highway 190.

f. “Lake Emfred” in its entirety.

g. Lazy River Estates Area - Those waterways commonly known as “Frances Bayou”, “Dorothy Bayou”, “Blanche Bayou”, and “Sally Bayou” in their entireties and “Bayou Monga” from the power line crossing upstream to Interstate 12.

h. A portion of the Tchefuncte River beginning at a line across the river at a point 300 feet north of the entrance to Marina Beau Chene, and extending to a line across the river at a point 300 feet south of the entrance to Marina Beau Chene. All costs incurred by St. Tammany Parish with the installation and maintenance of necessary and appropriate signage marking this “Dead Slow, No Wake” zone shall be reimbursed to the Parish by Marina Beau Chene. (Ord. No. 02-0433, adopted 02/07/2002)

2. Little Tchefuncte River Area

a. The Little Tchefuncte River from where it intersects the Bogue Falaya River just north of Interstate 12 upstream along the entire boundary of Ward 1 (Ord. 01-0368, adopted 09/06/2001)

b. Flowers Bayou - in its entirety

c. Horseshoe Bayou - in its entirety

3. Bayou Castine - in its entirety

4. Cane Bayou - from its mouth at Lake Pontchartrain upstream to the bridge at Highway 190

5. Bayou Lacombe Area

a. Lacombe Harbor Area - Those waterways known commonly as the “Lacombe Harbor Subdivision canals”, “Crutch Bay”, “Perch Bay”, “Finger Bay”, “Pine Bay”, “Cypress Bay”, and “Cypress Bayou” in their entireties.

b. Bayou Lacombe from Tammany Trace downstream to the “Patterson Canal”.

c. Bayou Lacombe from 300 feet upstream from “Powell Bayou” to a point in the curve immediately downstream from the “seaplane base”.

d. Bayou Lacombe from a point 300 upstream from “Love’s Canal” to a point in the next curve immediately downstream as noted on “Attachment A” associated with Ord. Cal Number 569, Police Jury Series Number 85-515.

e. “Powell Bayou” and the canals associated with Powell Heights Subdivision in their entireties.

f. Bayou Manor Subdivision - the entirety of the canal system associated with Bayou Lacombe Manor Subdivision.(Ord. No. 09-2145, adopted 10/01/2009)

6. Bayou Liberty - from a point 2.5 miles north of the Bayou Liberty bridge at Highway 433 upstream for a distance of 0.5 mile.

7. Bayou Bonfouca - from a point 300 feet north of the public boat launch off of Front Street downstream to one-half (½) mile downstream of Highway 433 drawbridge. (Ord. 01-0388, adopted 11/01/2001)

The entirety of all canals and slips within the Coin DuLestin residential development.

8. Bayou LaSang - From Bayou Bonfouca to Palm Lake

9. Northshore Subdivision- all of the canals within the Northshore Subdivision and along Carr Drive and specifically the unnamed waterway known as the “Carr Drive Canal” from Lake Pontchartrain to the bridge at Highway 11.

10. Eden Isles and Oak Harbor Subdivisions - all canals and slips associated with the Eden Isles and Oak Harbor Subdivisions as well as all canals and slips associated with the marina facilities of both developments. The entirety of all canals associated with Moonraker (as well as Moonraker Lake itself) and Clipper Estates falls within this zone as well.

11. “Pirates Harbor Canal” - in its entirety from its mouth at Lake Pontchartrain north to its dead end.

12. Salt Bayou - from its mouth at Lake Pontchartrain to the Highway 433 bridge.

13. Rigolets Estates/Treasure Isle Area - Those canals and waterways within the Rigolets Estates and Treasure Isle subdivisions and the borrow lagoon between the two subdivisions in their entireties. Also specifically the canal that runs from Salt Bayou south to a dead end at the Treasure Isle drive in its entirety.

14. “Geoghegan Canal” - from its mouth at the Rigolets to a point 0.5 miles north of its mouth just above Snug Harbor Subdivision.

15. Pearl River Basin Area

a. West Pearl River - within 1/4 mile upstream and downstream of the bridge at Hwy 90.

b. “Oxbow Lake” - in its entirety leading to Maple Slough in the Honey Island Swamp area.

c. “Devil’s Elbow” - in its entirety from its mouth at the West Pearl River, west and north to Interstate 10 (Ord. No. 02-0589, adopted 12/05/2002)

d. “Dawes and Oyster Factory Canals” - A portion of Dawes Canal beginning at a line across the canal at a point 800 feet southeast of its intersection with Oyster Factory Canal and extending to a line across Oyster Factory Canal 500 feet southwest of its intersection with Dawes Canal. (Ord. No. 03-0715, adopted 07/10/2003)

16. Abita River - a portion of the Abita River beginning at its mouth and confluence with the Bogue Falaya River and extending generally northwest to Highway 190 (Ord. No. 03-0795, adopted 12/04/2003)

17. Lakeshore Estates Subdivision - the canals and waterways of Lakeshore Estates that are situated within the area bounded by Lake Pontchartrain to the south, Lakeshore Boulevard to the north, E. Howze Beach Road-West End Boulevard to the west, and East End Boulevard to the east; except that the following canals and/or waterways, identified as Area A and Area B immediately herein below, shall be excluded from the "No Wake, Dead Slow" zone:

Area A: The horseshoe-shaped waterway immediately south of Lakeshore Blvd. East, west of East End Blvd. and north of Marina Villa East (Road) and an imaginary line extending in a west-north-westerly direction from the dead-end of Marina Villa East (Road) across the waterway to the bank of the peninsula on the opposite bank, all as depicted on the attached map, Exhibit 1.

Area B: The inverted triangular-shaped waterway bounded on the north and east by  Lakeshore Blvd. East and on the west and south by East End Blvd.

 (Ord. No. 08-1925, adopted 09/11/2008, amended by Ord. No. 09-2077, adopted 06/04/2009)

18. Pearl River Navigational Canal

a. A portion of the Canal beginning at a line across the Canal generally adjacent to the southern- most end of Hickory Fields Road and extending to a line across the Canal approximately 3,000 feet south from the point of beginning, and to encompass all of that portion of the Canal that narrows to a width of approximately 100 feet.

(Ord. No. 09-2095, adopted 07/02/2009)

19. Hwy. 11 Canal - in its entirety leading to the Schneider Canal pumping station.

(Ord. No. 13-2887, adopted 01/03/2013)

20. Morgan River

a. A portion of the Morgan River - commence from southeast corner of the Morgan River where it enters the West Pearl River, follow the southern bank of the Morgan River 570 feet to the point of the beginning of the "Dead Slow, No Wake" zone.  From the point of beginning follow the southern bank of the Morgan River 1,500 feet to the end point of the "Dead Slow, No Wake" zone.

(Ord. No. 13-2887, adopted 01/03/2013)

21. Bogue Falaya River

a. A portion of the Bogue Falaya River running along Riverside Drive.

(Ord. No. 13-2887, adopted 01/03/2013)

B. Special Speed Limits and “Dead Slow, No Wake” Zones

1. Special Speed Limits

a. Unless otherwise officially posted, it shall be unlawful to operate any watercraft in excess of forty-five (45) miles per hour anywhere on the Tchefuncte River between the Highway 22 bridge at Madisonville upstream to the Interstate 12 bridge near Covington.

b. Unless otherwise officially posted, it shall be unlawful to operate any watercraft in excess of forty-five miles per hour (45 MPH) anywhere on the Pearl River Navigation Canal between Hickory Field and Lock No. 2. This speed limit provides adequate velocity for slalom or barefoot skiing.

2. General “Dead Slow, No Wake” Zones

a. It shall be unlawful to operate any vessel or watercraft on any waterway in St. Tammany Parish such that its speed exceeds a speed of “Dead Slow” within 100 yards (300 feet) on either side of any public boat launch or commercial fuel dock.

C. Definitions:

1. “Dead Slow” or “Dead Slow, No Wake” - shall be the minimum possible speed that any vessel or watercraft can travel and still maintain safe steerage.

2. Watercraft - any vessel or craft powered by any means designed for transport across the surface of water. (Including boats, ships, personal watercraft, barges, seaplanes, hovercrafts...etc).

D. Enforcement: Enforcement of this section of the Code of Ordinances is authorized, directed and empowered to the following entities: agents of the St. Tammany Parish Sheriff’s Department, Louisiana State Police, agents of the Louisiana Department of Wildlife and Fisheries, and any other duly authorized peace officer of the State of Louisiana.

E. Signs: It shall be the duty and obligation of the Parish Department of Public Works or its designees to post and maintain appropriate and visible signs at strategic and appropriate places to notify watercraft operators of the “Dead Slow, No Wake” zones.

F. Exemptions: Exempt herefrom shall be any enforcement watercraft or any watercraft bound on a bona fide life-saving mission.

G. Violation; Penalties: Violation hereof by any operator of any watercraft, other than those exempt, shall be punishable as follows:

1st Offense – $ 50.00 and a certificate showing the successful completion of a boating safety course as approved by the National Association of State Boating Law Administrators (NASBLA).

2nd Offense – $100.00 and a certificate showing the successful completion of a boating safety course as approved by the National Association of State Boating Law Administrators (NASBLA).

3rd Offense and subsequent offenses – $300.00 and/or imprisonment in the Parish Jail for up to (30) days

(Ord. No. 98-2881, adopted 6/18/98; Sec. 15-006.00 replaced Sec. 15-006.00 through 15-006.31; Sec. 15-006.00 item A - 7 amended to add Coin DuLestin in item 7-a by Ord. No. 99-3061, adopted 4/15/99; Sec. G - 1 and 2 amended by Ord. No. 99-3062, adopted 4/15/99; amended by Ord. No. 99-3203, adopted 11/18/99)

The St. Tammany Parish Waterway Safety Committee was created for the purpose of reviewing and issuing recommendations to the parish governing authority on matters relative to traffic and general safety on the waterways of St. Tammany.(Reso. P.J.S. No. 98-8756, adopted 07/23/98)

Members of the Committee shall consist of representatives from the St. Tammany Parish Sheriff’s Office, Louisiana Department of Wildlife and Fisheries, waterway user groups and waterfront homeowners groups.

The Board shall be comprised of seven (7) members that are residents of and domiciled within St. Tammany Parish. The Office of the Parish Sheriff shall nominate and exclusively appoint one (1) person domiciled within the parish. The Louisiana Department of Wildlife and Fisheries shall nominate and exclusively appoint one (1) person domiciled within the parish. The Parish Council shall have the authority to nominate and appoint four (4) members. There shall be one (1) member nominated and appointed by the Parish President. (Ord. No. 00-0157, adopted 06/01/2000, amended by Ord. No. 03-0694, adopted 06/05/2003)

ARTICLE III SWIMMING/FISHING/DIVING   (Return to Table of Contents)

EDITORIAL NOTE: New Section 15-100.00 added under the authority of Ordinance No. 90-1306, adopted 07/19/90.

To provide for the health, safety and well-being of the visitors and citizens of this Parish, swimming is prohibited at the Main Street Boat Launch in Lacombe, Louisiana.

(a) Swimming prohibited: It shall be unlawful for any indi­vidual to swim, bathe, dive or wade in the area of the Main Street Boat Launch in Lacombe, Louisi­ana.

(b) Enforcement: Enforcement of this Section is autho­rized, directed and empowered to the Sheriff s Department of St. Tammany Parish, the Louisiana State Police, and by duly commissioned agents and officers of Louisiana Wild­life and Fisheries.

(c) Violation; Penalty: Any person(s) found in viola­tion of this Section shall be subject to the penalty provisions of Section 1-008.00 of the St. Tammany Parish Code of Ordi­nances. (Ord. No. 90-1306, adopted 07/19/90)

EDITORIAL NOTE: New Section 15-101.00 added under the authority of Ordinance No. 91-1461, adopted 06/20/91.

(a) Fishing/Diving pro­hibited. All Parish bridges in Police Jury District 13, including the Middle Pearl Bridge over Doubloon Bayou, Voters Road Bridge over W-14 Canal, Carr Drive Bridge over Highway 11 Canal, and all other bridges in Police Jury District No. 13, whether aban­doned or currently in use for vehic­ular or foot traffic. (Ord. No. 91-1483, adopted 08/22/91 to amend Ord. No. 91-1461, adopted 06/20­/91)

(1) Eden Isles Subdivision - both bridges located on Eden Isles Boulevard (9-J-009) and bridge on Moonraker Drive (9-J-010).

(2) Bridge located on East Howze Beach Road (9-J-208).

(b) Enforcement: Enforcement of this Section is autho­rized, directed and empowered to the Sheriff s Department of St. Tammany Parish, the Louisiana State Police, and by duly commissioned agents and officers of Louisiana Wild­life and Fisheries.

(c) Signs: It shall be the duty and obligation of the Parish Department of Public works or its designees to post and maintain appropriate and visible signs to notify the general public.

(d) Exemptions: Exempt herefrom shall be any law en­forcement agent or official on a bona fide life-saving mission.

(e) Violation; Penalty: A violation hereof by any one, other than those exempted, shall constitute a misde­meanor pun­ishable as outlined in Section 1-008.00 of this Code [of Ordinances]. (Ord. No. 91-1461, adopted 06/20/91)

(Ord. No. 91-1461, adopted 06/20/91; amended by Ord. No. 91-1483, adopted 08/22/91)

ARTICLE IV FIREARMS   (Return to Table of Contents)

1. Prohibited: It shall be unlawful for any person to discharge a firearm within a one-thousand-foot perimeter zone of any single family residentially zoned subdivision or multifamily residentially zoned development measured as is hereinafter provided.
2. Definitions:
   1. Firearms: Any handgun or rifle of any caliber, shotgun, machine gun or any other gun by which a bullet or projectile is launched by means of igniting gunpowder.
   2. Single-family Residentially Zoned Subdivisions: Those portions or parcels of ground located in the unincorpo­rated area of the Parish bearing the following zoning designations as identified on the Official Zoning Map of the Parish as follows:
      1. A-1 Suburban
      2. A-2 Suburban
      3. A-3 Suburban
      4. A-4 Single-Family Residential
      5. A-1-A Residential Zoning District
      6. A-2-A Residential Zoning District
      7. A-3-A Residential Zoning District
      8. A-4-A Residential Zoning District
      9. A-5 Two-Family Residential District
      10. A-6 Three and Four-Family Residential District
      11. A-7 General Multiple-Family Residential District
      12. A-8 Planned Multiple-Family Residential District
      13. B-2 Planned Residential Districts
      14. SA Suburban Agricultural
      15. SI Suburban

(3) Perimeter Area: That area surrounding the subdivisions as shall be measured in a straight line from each of the subdivision s four (4) boundaries (i.e. front, rear and two (2) side lines) as shown on the subdivision plot thereof filed with the Parish and thence outward one thousand (1,000) feet.

(c) Exemption: This Section exempts any law enforcement officer engaged in the pursuit of his duties, or any citizen lawfully discharging a firearm for the purpose of defending his life or property.

(d) Violation; penalty: Any violation of this section shall constitute a misdemeanor punishable as is contained in Section 1-008.0 of this Code of Ordinances. (Ord. No. 80-47, and 83-715 repealed and amended by Ord. No. 85-360, adopted 03/21/85)

1. Prohibited. It shall be unlawful for any person to discharge and/or hunt in the area south of La. Hwy. 22, and west of West Causeway Approach, to the western boundary of Bigner Road, south to the border of Lake Pontchartrain, Ward 4, St. Tammany Parish, Louisiana.
2. Definition. "Firearms" shall mean any handgun or rifle of any caliber , shotgun, machine gun or any other gun by which a bullet or projectile is launched by means of igniting gunpowder.
3. Enforcement. This Section shall be enforced by the Sheriff.
4. Exemption: This section exempts any law enforcement officer engaged in the pursuit of his duties, or any citizen lawfully discharging a firearm for the purpose of defending his life or property.
5. Violation; penalty: Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.0 of this Code of Ordinances. (Ord. No. 85-527, adopted 11/21/85)

1. It shall be unlawful for any person to discharge a firearm within two hundred (200) yards of any dwelling or occupied structure within the area bounded on the north by Highway 190, on the south by Interstate 12, on the west by Highway 1077 and on the east by Highway 21, hereinafter referred to as "defined area".
2. It shall be unlawful for any person within the remaining portions of the defined area to hunt other than still hunting only.
3. It shall be unlawful for any person within the defined area to have a vehicle other than on established roads without prior consent of the property owner whose property will be traversed thereby.
4. It shall be unlawful to hunt with dogs in the defined area.
5. For the purposes hereof, "firearm" is defined as any handgun or rifle of any caliber , shotgun, machine gun or any other gun by which a bullet or projectile is launched by means of igniting gunpowder.
6. Exempted from the provisions hereof is any law enforcement officer engaged in the pursuit of his duties, or any citizen lawfully discharging a firearm for the purpose of defending his life or property.
7. Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.0 of this Code of Ordinances. (Ord. No. 83-609, adopted 07/21/83)

1. Prohibited: It shall be unlawful for any person to discharge a firearm within the boundaries of Drainage District No. 2 as defined in Section 7-061.00 of the Code of Ordinances.
EDITORIAL NOTE: The above reference notation to Section 7-061.00 is no longer valid for the boundaries of Drainage District No. 2 were changed in 1989. The property description below is that published in Ord. No. 84-137 as adopted 06/21/84.
2. Drainage District No. 2: Commencing at the intersec­tion of the shoreline of Lake Pontchartrain with the center line of the right-of-way of the New Orleans and Northeastern Railroad, thence in a northeasterly direction along said center line 12,450 feet more or less to a point 1040.7 feet northeast of mile-post No. 170; thence south 80 degrees 18 minutes east 772.5 feet; thence south 76 degrees 54 minutes east 2456 feet; thence south 11 degrees 37 minutes east 415.9 feet; thence south 78 degrees 03 minutes 15 seconds east 582.8 feet; thence north 87 degrees 54 minutes 45 seconds east 3190.1 feet; thence south 60 degrees 34 minutes east 1286.9 feet; thence south 47 degrees 20 minutes east 3975.8 feet; thence north 71 degrees 33 minutes east 4116.7 feet to the northeast corner of the southeast quarter of the northeast quarter of section 26 in Township 9 south, Range 14 east; thence south 85 degrees 45 minutes east 1050 feet more or less to the center line of the New Orleans-Mississippi Highway; thence along said center line in a southerly direction 16675 feet more or less to its intersection with the north bank of Salt Bayou; thence westerly along said Bayou to Lake Pontchartrain; thence along the shore of Lake Pontchartrain to place of beginning, containing 6130 acres, more or less.
3. Firearm: Any handgun or rifle of any caliber, shotgun, machine guns or any other guns by which a bullet or projec­tile is launched by means of igniting gunpowder.
4. Enforcement. This Section shall be enforced by the St. Tammany Parish Sheriff s Office.
5. Exemption: This section exempts any law enforcement officer engaged in the pursuit of his duties, or any citizen lawfully discharging a firearm for the purpose of defending his life or property.
6. Violation: Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.0 of this Code of Ordinances. (Ord. No. 84-137, adopted 06/21/84)

1. Prohibited: It shall be unlawful for any person to discharge a firearm within a 400-foot area of Brookter Cemetery located at the end of McManus Road (8-W-015), Ward 8, District 14.
2. Definitions:
   1. Firearm: Any handgun or rifle of any caliber, shotguns, machine guns or any other guns by which a bullet or projec­tile is launched by means of igniting gunpowder.
   2. Description: A 400-foot area of Brookter Cemetery located at the end of McManus road (8-W-015), Ward 8, District 14.
3. Enforcement: This Section shall be enforced by the St. Tammany Parish Sheriff s Office.
4. Exemption: This section exempts any law enforcement officer engaged in the pursuit of his duties, or any citizen lawfully discharging a firearm for the purpose of defending his life or property.
5. Violation: Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.0 of this Code of Ordinances. (Ord. No. 87-884, adopted 11/19/87)

(a) Prohibited: It shall be unlawful for any person to hunt and/or discharge a firearm within the area of Helenbirg Subdivision described as the "defined area" as follows:

Commencing at the intersection of Interstate 12 and Louisiana Highway 59, also the Point of Beginning; thence go west along Interstate 12 to U. S. Highway 190; thence go north along U. S. Highway 190 to its intersection with a westward extension of Helenbirg Road; thence go east and northeast along Helenbirg Road to its intersection with 6th Avenue; thence go southeast along 6th Avenue to its intersection with Soell Avenue; thence go northeast and east along Soell Avenue to its intersection with Louisiana Highway 59; thence go south along Louisiana Highway 59 to its intersection with Inter­state 12 and the Point of Beginning. Described in accordance with a map on file with the Secretary of the Police Jury.

(b) Definitions:

(1) Firearm: Any handgun or rifle of any caliber , shotguns, machine guns or any other guns by which a bullet or projectile is launched by means of igniting gunpowder.

(2) Defined Area: As described in subsection (a) herein or on the map on file in the Administrative Offices of the St. Tammany Police Jury as attached to Ord. No. 88-1020.

(c) Exemptions: Exempted from the provisions hereof is any law enforcement officer engaged in the pursuit of his duties, or any citizen discharging a firearm for the purpose of lawfully defending his life or property.

(d) Violation: Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.00 of the Code of Ordinances of St. Tammany Parish Louisiana. (Ord. No. 88-1020, adopted 12/15/88)

a) Prohibited: It shall be unlawful for any person to discharge a gun, rifle, or any other weapon which launches any projectile by means of compressed air or gas, within a 400 foot perimeter zone of any single or multi-family residential development within Police Jury District No. 9.

b) Definition: Firearm: Gun/weapon, any handgun, pistol, revolver, rifle, musket, or other mechanism which launches a pellet, B-B, or other type of projectile by means of compressed air or gas.

c) Perimeter: That area surrounding any single or multi-family residence measured in a straight line from the front, rear and two side lines of the residence outward for a distance of 400 feet.

d) Exemption: Exempt herefrom are the following:

1) Any law enforcement officer engaged in the pursuit of his duties, or any citizen lawfully discharging a weapon for the purpose of defending his life or property.

2) The registered owner or lessee in possession of or discharg­ing any weapon described in subsection (a) above on his/her own parcel of property, provided it is not within 200 feet of another residence.

e) Violation; penalty: Any violation of this Section of shall constitute a misdemeanor punishable in accordance with Sec­tion 1-008.00 of this Code of Ordinances.

(Ord. No. 92-1584, adopted 04/23/92)

EDITORIAL NOTE: New Section 15-209.06 added under the authority of Ordinance No. 91-1533, adopted 11/21/91.

a) Prohibited: It shall be unlawful for any person to discharge a firearm at or within a one-thousand-foot (1000 ) perimeter of Northshore Beach, the description of which is as follows:

A public beach area within North Shore Beach Subdivision, situated in the west half of Section 31, Township 9 South, Range 14 East, and having a frontage of 1015 feet, more or less, on Lake Pontchartrain and containing 8 acres of land, more or less.

b) Definitions: Firearms: Any handgun, rifle of any caliber, shotgun, air rifle, B-B gun, automatic or semi-automatic weapon, or any other gun by which a bullet or projectile of any nature is launched.

c) Enforcement: Enforcement of this Section shall be by the St. Tammany Parish Sheriff s Office.

d) Exemption: Exempt herefrom are any law enforcement agency on a bona fide mission or any law enforcement officer engaged in the pursuit of his official duties.

e) Violation; penalty: Any violation hereof shall constitute a misde­meanor punishable as contained in Section 1-008.00 of this Code of Ordinances.

(Ord. No. 91-1533, adopted 11/21/­91)

a) Prohibited: It shall be prohibited for any person to discharge firearms and/or hunt with firearms or bow and arrow in the area of Fontainebleau State Park - from Cane Bayou on the east to Bayou Castine, and on the west, and south of U.S. Highway 190 to the shores of Lake Pontchartrain.

b) Enforcement: Enforcement hereof shall be the duty of officers and agents of the St. Tammany Parish Sheriff’s Department and the Louisiana Department of Wildlife and Fisheries.

c) Exemption: Exempt herefrom are law enforcement officers engaged in the pursuit of duties, or any citizen lawfully discharging a firearm for the purpose of defending his or her life or property.

(Ord. No. 98-2804, adopted 2/18/98)

ARTICLE V NONCONTROLLED SUBSTANCES   (Return to Table of Contents)

1. It shall be unlawful for any person to knowingly deliver, distribute, sell, or exchange a noncontrolled substance as defined in subsection (b) hereof upon either;
   1. The express representation that the substance is a narcotic or controlled substance; or,
   2. The express representation that the substance is of such nature, quality or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; or
   3. Circumstances under which a reasonable person would be led to believe that the substance is a controlled substance. For the purpose of this Section, it shall be prima facie evidence of such circumstances if any two (2) of the following factors are established:
      1. The noncontrolled substance was packaged in a manner normally used for the illegal delivery of controlled substances.
   4. The delivery or attempted delivery included an exchange of or demand for money or other valuable property as consideration for delivery of the substance, and the amount of such consideration or money was substantially in excess of the reasonable value of the noncontrolled substance.
   5. The physical appearance of the finished product containing the substance is substantially identical to a specified controlled substance.
2. Noncontrolled substance as used in this Section is hereby defined as any substance which is not listed or scheduled as a controlled substance or narcotic under the general law of the State of Louisiana.
3. In any prosecution for a violation of subsection (a) above, it shall not be a defense that the accused believed the noncontrol­led substance to actually be a controlled substance.
4. A violation of any of the provisions of this Section shall be a misdemeanor and upon conviction, the violator shall be punished under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish. (Ord. No. 81-230, adopted 07/09/81)

ARTICLE VI TRAINS GENERALLY   (Return to Table of Contents)

1. Maximum Speed: A speed limit is herewith imposed and provided on all rail traffic operating in an unincorporated area of the Parish one and one-quarter (1 1/4) miles on either side of Carr Drive crossing, a total distance of two and one-half (2 1/2) miles, at a maximum of twenty-five (25) Miles Per Hour.
2. Violation; Penalty: Whoever shall violate said speed limit shall be guilty of a Misdemeanor punishable as is provided in Section 1-800.00 of the Code of Ordinances.
3. Enforcement: The Sheriff s Department is charged with the enforcement of this Section. Should a violation occur, the Sheriff or any Sheriff s Deputy shall have the right and power to stop the locomotive(s) propelling the train; additionally, the Sheriff or any Sheriff s Deputy shall have the right and power to remove the engineer(s) therefrom and to impound the train until proper bond is posted; alternatively, the Sheriff or his Deputy may cite the Railroad or Railway by recording the serial number(s) on the locomotive(s), together with the time, date, place, and recorded speed thereof. (Ord. No. 82-412, adopted 07/15/82)

1. Maximum Speed. A speed limit of thirty-five (35) miles per hour is herewith imposed and provided on all rail traffic operating in an unincorporated area of the Parish from the North Shore of Lake Pontchartrain to Louisiana Highway 41.
2. Violation; Penalty. Whoever shall violate said speed limit shall be guilty of a Misdemeanor punishable as is provided in Section 1-008.00 of the Code of Ordinances.
3. Enforcement. The Sheriff s Department is charged with the enforcement of this Section. Should a violation occur, the Sheriff or any Sheriff s Deputy shall have the right and power to stop the locomotive and issue a citation to the engineer(s) of the locomo­tive(s) propelling the train; additionally, the Sheriff or any Sheriff s Deputy shall have the right and power to remove the engineer(s) therefrom and to impound the train until proper bond is posted; alternatively, the Sheriff or his Deputy may cite the Railroad or Railway by recording the serial number(s) on the locomotive(s), together with the time, date, place, and recorded speed thereof. (Ord. No. 85-330, adopted 01/17/85)

1. Maximum Speed:
   1. It shall be unlawful for any person having immediate control of any freight railroad train to permit said train to be operated within the unincorporated limits of the Parish from Brown Switch Road north for a distance of four-tenths (0.4) mile at a speed in excess of thirty-five (35) Miles Per Hour.
   2. It shall further be unlawful for any person having immediate control of any Passenger Railroad Train to permit said train to be operated within the unincorpo­rated limits of the Parish from Brown Switch Road north for a distance of four-tenths (0.4) mile at a speed in excess of forty-five (45) Miles Per Hour.
2. Violation; penalty: Whosoever shall violate said speed limit shall be guilty of a Misdemeanor punishable as is provided in Section 1-008.00 of this Code of Ordinances.
3. Enforcement: The Sheriff s Department is charged with the enforcement of this Section. Should a violation occur, the Sheriff or any Sheriff s Deputy shall have the right and power to stop the locomotive and issue a citation to the engineer(s) of the locomo­tive(s) propelling the train; additionally, the Sheriff or any Sheriff s Deputy shall have the right and power to remove the engineer(s) therefrom and to impound the train until proper bond is posted; alternatively, the Sheriff or his Deputy may cite the Railroad or Railway by recording the serial number(s) on the locomotive(s), together with the time, date, place, and recorded speed thereof. (Ord. No. 85-427, adopted 06/20/85)

ARTICLE VII MINORS, CURFEW AND CONTROL   (Return to Table of Contents)

For the purpose of this Section the following words shall mean:

Custodian. Person having legal responsibility for the care or custody of a minor as the word "parent" is defined in Louisiana Code of Juvenile Procedure, Article 13(11).

Minor. Any unmarried natural person under Seventeen (17) years of age who is not fully emancipated pursuant to [the] Louisiana Civil Code, Art. 385; "he", as used herein, also includes females under said age.

Permit. To knowingly fail to prevent, or failure to prevent due to lack of reasonable efforts or concern, to supervise and control.

Remain. To unnecessarily tarry, stay, loiter or be idle.

Reasonable Errand. A minor s presence in public pursuant to his custodian s direction in order to accomplish a legitimate family function in a normal and customary fashion considering the time of day. Reasonable errand is also presumed to exist when a juvenile remains in public pursuant to his custodian s direction for purposes of the juvenile s employment in compliance with Louisiana Child Labor Laws.

Sheriff s Department. The Department of the Sheriff of St. Tammany Parish situated in the Parish Courthouse, Covington, Louisiana, or as from time to time changed by said Sheriff. (Ord. No. 83-540, adopted 03/17/83)

Unless accompanied by his custodian, it shall be unlawful for any minor, whether on foot or in a vehicle, to wander or to travel, loiter, stroll, play, traverse or remain in or upon any public street, road, highway, avenue, alley, park or other public place situated in the unincorporated areas of the Parish between 11:00 P.M. and 5:00 A.M. beginning Sunday through Thursday nights lasting into the next morning and between 12:01 A.M. and 5:00 A.M. Saturday and Sunday mornings or on mornings of legal holidays except as to New Year s Eve and New Year s Day on which days this restriction commences at 1:00 A.M. until 5:00 A.M. This restriction shall not apply to any minor who is engaged in an emergency mission, nor shall it apply to any minor who is in the performance of a reasonable errand. Nor shall the provisions of Sections 15-012.00 through 15-015.00 apply to any minor when said minor is in attendance or enroute to and from any officially sponsored church, school or civic event. (Ord. No. 83-540, adopted 03/17/83)

If a Police Officer reasonably believes that a minor is violating Section 15-013.00 hereof, the Officer shall warn the minor that he is in violation of the curfew and shall request the minor to give his complete name and address, and how to contact his custodian. The Officer shall then direct the minor to proceed immediately to his home or place of abode.

If the minor fails to obey these directions, or refuses to furnish the Officer with the requested identification information, or has been subjected to a prior curfew warning during that same night, the Officer shall take such minor to the Sheriff s Depart­ment in Covington, Louisiana, or the nearest Sheriff s substation or nearest municipal (or town) Police Department headquarters, whichever is the closest to contact the minor s custodian and release said minor to his custodian. (Ord. No. 83-540, adopted 03/17/83)

Any minor violating the provisions of Sections 15-013.00 or 15-014.00 shall be found to be "in need of supervision" as defined in the Louisiana Code of Juvenile Procedure Article 13(13).

Any custodian violating the provisions of Sections 15-013.00 or 15-014.00 shall be fined not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each offense. (Ord. No. 83-540, adopted 03/17/83)

ARTICLE VIII FIREWORKS   (Return to Table of Contents)

A) Definitions:

1) Retailer - Any person engaged in the business of making sales of fireworks at retail to persons other than a distrib­utor or a jobber;

2) Sale - The sale, barter, exchange or gift or offer there­of, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee;

3) Fireworks - All incendiary, explosive devices and pyro­technical explosive devices commonly referred to as fireworks or firecrack­ers.

(Ord. No. 85-378, adopted 04/18/85; amended by Ordinance No. 92-1548, adopted 01/16/92)

B) Regulations:

1) It shall be unlawful to sell any items of fireworks as a retailer without first obtaining a license to be issued by the Director of Planning and Development, Par­ish of St. Tammany.

2) An applicant, to engage in the sale of fireworks as a retailer, must complete an application on a form provided by the Parish, setting forth such facts and information as the Parish may determine necessary and proper.

3) All applications shall be accompanied by a copy of the previous year s sales tax return or retail license. All licenses issued by the Parish shall be transferable.

4) Effective May 1, 1992, there is established a moratorium on all fireworks stands and retail outlets in the entire area comprising Police Jury District 7; and in Police Jury District 5, Precinct 306, the area comprising the east and west side of Highway 190 north of I-12, specifically the service road in Police Jury District 5, Precinct 306, which leads to Wal-Mart, Sears, the Cinema, Kings Forest and Helen­berg areas.

No application for licenses within Police Jury District 7 or Police Jury District 5, Precinct 306, for possession, sale, offering for sale and use of fireworks shall be received unless the applicant has been issued a permit on or before December 31, 1991.

(Ord. No. 92-1548, adopted 01/16/92; amended by Ord. No. 92-1587, adopted 04/23/92)

C) Prohibitions:

1) The sale of fireworks within unincorporated areas of Ward 4 is prohibited. Unincorpo­rated Ward 4 area encompasses that portion of the Parish as described in Section 2-017.00 of this Code, less and except areas contained within the bound­aries of any municipality.

2) The sale of fireworks within the unincorporated area of Ward 8, less and except the portion in Police Jury District 6, St. Tammany Parish, Louisiana, is hereby prohibited. (Ord. No. 90-1240; adopted 03/15/90)

D) Enforcement: It shall be the duty of the Sheriff of St. Tammany Parish to enforce the provisions of this Section.

E) Violations and Penalties: Any person found to be in viola­tion of any provision of this Section by a court of appropri­ate jurisdic­tion shall be subject to the penalty provisions of Section 1-008.00 of this Code.

(Ord. No. 85-378, adopted 04/18/85; amended by Ord. No. 90-1240; adopted 03/15/90 adding provision C(2); amended by Ord. No. 92-1548, adopted 01/16/92; amended by Ord. No. 92-1587, adopted 04/23/92)

EDITORIAL NOTE: See also Section 8-014.00 and 14-002.02

ARTICLE IX TRESPASSING   (Return to Table of Contents)

EDITORIAL NOTE: New Article VIII entitled Trespassing added to accommodate Ordinances 91-1471 and 92-1594.

(a) Movable Property: It shall be unlawful for any person to enter, be upon or use any structure, watercraft or movable belonging to another within the Parish of St. Tammany without the written permission or approval of the owner, lessee, or other person lawfully in charge of the struc­ture, watercraft or movable where the offender knew or reasonably should have known that the entry, use or occu­pancy is unauthorized.

(b) Immovable Property: It shall be unlawful for any person to intentionally enter, be upon or use any enclosed land belonging to another within the Parish of St. Tammany, without the written permission or approval of the owner, lessee, or other person lawfully in charge of said land where the offender knew or reasonably should have known that the entry is unauthorized.

For purposes of this Section, an enclosed plot of land means any plot of land that is enclosed or surrounded by artificial boun­daries, such as public roads, wire fences, walls or flagged or painted lines, if such flagging or paint is used not less than once every twenty (20) yards, or any combination of the above, or by natural boundaries such as running streams and rivers, or that which is enclosed partially by artificial boundaries and partial­ly by natural boundaries.

(c) Enforcement: Enforcement of this Section is authorized, directed and empowered to the Sheriff s Department of St. Tammany Parish, the Louisiana State Police, and duly commissioned agents and officers of the Louisiana Wildlife and Fisheries.

(d) Exemption: Exempt herefrom are: law enforcement officers, officials of State and Federal agencies, medical, fire and emergency personnel acting in an official capacity in the performance of their lawful duties; agents and employees of utility companies entering property in the course and scope of their employment; and all others exempt by Feder­al and State Statutes.

(e) Violation; penalty: Whoever violates the provisions of this Section shall be fined not more than FIVE HUNDRED DOLLARS ($500.00) or imprisoned not more than ninety-one (91) days, or both.

Upon a second or subsequent conviction, regardless of whether second offense occurred before or after first conviction, the offender shall be imprisoned for not more than six (6) months, or shall be fined not more than FIVE HUNDRED DOLLARS ($500.00), or both, provided that any offense under this Section committed more than five (5) years prior to the commission of the crime for which the offender is being tried shall not be consid­ered in the assessment of penalties hereunder.

(Ord. No. 92-1594, adopted 04/23/92)

A) The provisions of Ord. No. 92-1594 as adopted 04/23/92 are excluded from Police Jury District 6 as established therein.

B) The provisions of said ordinance are more stringent than state law and hereby deemed to be unenforceable in said Police Jury District 6 due to the geographical nature of the District and the many areas utilized by the public.

C) Only state trespass laws will be recognized and enforced in the geographical area of said Police Jury District 6.

(Ord. No. 92-1594, adopted 04/23/92; amended by Ord. No. 92-1665, adopted 11/19/92)

No person shall remain on the grounds of the St. Tammany Parish Prison, and shall be deemed as trespassing, after being instructed to leave said property by any law enforcement officer or any other official prison personnel.

This section shall not apply to any law enforcement officer nor to any individual who is transacting lawful prison, or judicial system, business.

Any person found to be in violation of this section shall be subject to a fine of not more than one hundred dollars ($100.00) and/or imprisonment for a period of not more than ten (10) days.

Ord. No. 02-0573, adopted 11/07/2002)

a) Prohibited: It shall be unlawful for any person, whether on foot, bicycle, or in a vehicle of any type, to travel, loiter, walk, play, jog, traverse or encroach upon any levee within the boundaries of Drainage District No. 4.

b) Exemptions: Exempt herefrom are any law enforcement offi­cial(s) engaged in the pursuit of his duties, or individu­als contracted by or representing Drainage District No. 4 in connec­tion with the maintenance or preservation of such levees.

c) Violation: Any violation hereof shall constitute a misdemean­or punishable as is contained in Section 1-008.00 of this Code of Ordinances.

Drainage District No. 4 is directed to purchase, post and main­tain appropriate and visible signs to be located at strategic places on its levees to notify individuals of the prohibitions outlined hereinabove. (Ord. No. 91-1471, adopted 07/18/91)

CROSS REFERENCE: See Ordinance No. 91-1471 located in Section 13-001.1 of this Code of Ordinances.

ARTICLE X DISORDERLY CONDUCT   (Return to Table of Contents)

EDITORIAL NOTE: New Section 15-800.00 created under the authority of Ordinance No. 91-1535, adopted 12/19/91.

No person holding a retail dealer s permit, and no servant, agent, or employee of the permitee, shall participate in or allow any nude or partially nude dancer, host, hostess, waiter or waitress on the premises, whether in the capacity as an employee, entertainer, guest, invitee, patron, or otherwise.

Definitions:

"Nude" or "Partially Nude" is defined as less than completely or opaquely covered and exposing:

a) Human genitals, pubic region;

b) All of the buttocks area;

c) Female breast area below a point immediately above the top of the areola.

Any violation hereof shall constitute a misdemeanor punishable under the General Provisions in Chapter 1 of the Code of Ordinan­ces, St. Tammany Parish, Louisiana.

This Ordinance shall become effective and be deemed enacted immediate­ly upon [the] Police Jury President s signature.

(Ord. No. 91-1535, adopted 12/19/91)

CROSS REFERENCE: See also Section 3-139.01 and Section 3-176.01.

ARTICLE XI LOITERING and ILLEGAL DRUG ACTIVITY, PROHIBITED   (Return to Table of Contents)

As used herein, words and terms shall have the following meanings:

(1) Conviction - an adjudication of guilt pursuant to C.C.R.P. Article 934, or the equivalent provisions of any federal statute, state statute, or ordinance of any political subdivision of this state, and includes a verdict of guilty, a finding of guilty and an acceptance of a plea of guilty.

(2) Drug paraphernalia - as the same is defined in LSA R.S. 40:1031A.

(3) Illegal drug activity - unlawful conduct contrary to any provision of LSA R.S. 40:966 through 40:971.1, or the equivalent federal statute, state statute(s), or ordinance(s) of any political subdivision of this state.

(4) Known drug trafficker - a person who has, within the knowledge of the arresting officer, been convicted within the last two (2) years in any court of any illegal drug activity.

(5) Public place - any area generally visible to public view, including, but not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters and tunnels, automobiles (whether moving or not), and buildings, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing same. (Ord. 93-1725, adopted 04/15/93)

A person is guilty of drug-traffic loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to engage in unlawful conduct contrary to LSA R.S. 40:966 through 40:971.1. (Ord. 93-1725, adopted 04/15/93)

Among the circumstances which may be considered in determining whether the person intends such prohibited conduct are that he or she:

(1) Is seen by the officer to be in possession of drug paraphernalia; or

(2) Is a known drug trafficker; or

(3) Repeatedly beckons to, stops or attempts to stop passers by, or engages passers by in conversation; or

(4) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or

(5) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

(6) Is the subject of any court order, which directs the person to stay out of any specified area as a condition of release from custody, a condition of probation or parole or other supervision or any court order, in a criminal or civil case involving illegal drug activity; or

(7) Has been evicted as the result of his or her illegal drug activity and ordered to stay out of a specified area affected by drug-related activity.

A person is not guilty of drug-traffic loitering if he or she merely remains in a public place without also intentionally soliciting, inducing, enticing, or procuring another to engage in unlawful conduct contrary to LSA R.S. 40:966 through 40:971.1. (Ord. 93-1725, adopted 04/15/93)

A violation of any of the provisions of this Article shall constitute a misdemeanor punishable under Sec. 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature. (Ord. 93-1725, adopted 04/15/93)

The enforcement responsibility of the provisions herein is authorized, directed and empowered to the St. Tammany Parish Sheriff, the Louisiana State Police, and any bona fide or deputized police officer of a municipal law enforcement agency in St. Tammany Parish. (Ord. 93-1725, adopted 04/15/93)

ARTICLE XII DOMESTIC VIOLENCE/DISTURBANCE - POLICY AND PROCEDURE   (Return to Table of Contents)

EDITORIAL NOTE: Article XII was created by the authority of Ord. No.95-2177, adopted 03/16/95)

In accordance with La. R.S. 46:2140 through 2142, the following is established as the Parish’s policy and procedure for handling of domestic violence incidents. Law enforcement officers shall abide by the following investigating ALL complaints of domestic violence and domestic disturbances. (Ord. No. 95-2177, adopted 03/16/95)

STATE REFERENCE: LSA R.S. 46:2140 through 2142 provides for authority of law enforcement officers in domestic violence situations.

The purpose of this procedure is to ensure that in situations where violent crimes have occurred and there is reason to believe that a family or household member has been abused, a law enforcement officer shall immediately use all reasonable means to prevent further abuse. (Ord. No. 95-2177, adopted 03/16/95)

A. Officers investigating incidents of domestic violence where probable cause exists that a violent crime has occurred, shall exercise their legal authority to make physical arrests.

B. Recognizing that victims may fear reprisals, officers investigating such incidents shall exercise their authority to make a physical arrest where probable cause exists that a violent crime has been committed even though the victim refuses to pursue criminal charges. (Ord. No. 95-2177, adopted 03/16/95)

Domestic Relationships: A Relationship in which parties are adults who have shared an intimate relationship or are spouses (legal, common law, divorced, separated), relatives, close friends, or companions or other groupings of individuals who are interpersonally related, who share or formerly shared a common household, also to include couples who are dating or have dated, or who are or have been engaged.

Domestic Violence Crimes: Aggravated Battery; Second Degree Battery; the commission or attempted commission of felonies against the person of another of any type; or the unlawful restraint of any type where the victim and perpetrator are domestically related.

Domestic Disturbance Crimes: The commission of Aggravated or Simple Assault (attempt to commit a batter); Simple Battery with or without physical evidence of injuries; Simple or Aggravated Criminal Damage to Property; Criminal Trespass; Criminal Mischief; or any like Criminal Disturbance specifically involving a threat of physical abuse, where victim and perpetrator are domestically related.

Officer: Any duly authorized sheriff, police chief, commissioned law enforcement agent, deputy or peace officer, justice of the peace or constable authorized and empowered to enforce and uphold the laws of the United States, the State of Louisiana, and the Parish of St. Tammany. (Ord. No. 95-2177, adopted 03/16/95)

A. An officer will not use the relationship or gender of the parties involved as a factor for determining if an arrest or successful prosecution can be made. The officer will not attempt to dissuade any party from filing criminal charges if there exists enough probable cause for a charge.

B. An officer will fully explain the victim’s right to pursue charges, as well as refer the victim to seek legal advice concerning civil matters and protective orders (La. R.S. 46:2136). An officer shall fully explain the legal process and procedure involved in the filing of charges, arrest, detention, and subsequent trial. (Ord. No. 95-2177, adopted 03/16/95)

A. Where possible, obtain photographs of the victim’s injuries, if any, however slight.

B. Describe fully any and all injuries to any party.

C. If appropriate, obtain photographs of the scene of a violent assault or attack or damaged property.

D. Obtain written statement(s) from victim(s).

E. Obtain statements from witnesses.

F. File copies of any medical related evidence (physician’s report, etc.) with initial police report and with consent of the victim. Prepare a supplemental investigative report where needed.

G. Note on the initial report any prior arrests or convictions for similar offenses.

(Ord. No. 95-2177, adopted 03/16/95)

A. Mandatory Physical Arrest in Domestic Violence Cases

Officers SHALL make a physical arrest where probable cause exists that any of the crimes enumerated in the definition of DOMESTIC VIOLENCE were committed, whether or not the offense was committed in the officer’s presence. An officer SHALL make a physical arrest even though the victim may not wish to prefer or refuses to prefer charges in cases of DOMESTIC VIOLENCE.

B. Arrest Decision in Domestic Disturbance Cases

Officers MAY make a physical arrest where probable cause exists that any of the crimes enumerated in the definition of DOMESTIC DISTURBANCE were committed, using the following:

1. An Officer SHALL make a physical arrest where he reasonably believes that there is impending danger to the physical safety of the abused person in the officer’s absence.

2. If there is no cause to believe there is impending danger, the officer may, at his/her discretion, issue a Summons in lieu of physical arrest. (Any pattern of continued or repeated threats between the two parties shall be taken into consideration when deciding whether to arrest or issue a summons.) (Ord. No. 95-2177, adopted 03/16/95)

An officer should clearly identify this incident as “domestic” in the narrative portion of the report. The officers will provide a detailed report on any incident of domestic or family violence, providing the relationship of the parties; a detailed description of injuries; persons interviewed and statement obtained; evidence observed or collected; a detailed description of the conversation between the complainant/victim and the Communications Section (copy of audio tape may be ordered); and any other pertinent facts (intoxication, apparent mental problems, etc...) in the narrative portion of the offense report. (Ord. No. 95-2177, adopted 03/16/95)

In accordance with the statute, when legal cause for an arrest does not exist, officers shall still document any domestic violence or domestic disturbance incident by:

A. Making a detailed offense report, including a written statement of an assault victim.

B. Provide the victim(s) with a complaint/item number slip.

C. Refer the victim to private legal counsel or the Justice of the Peace, Civil Court, or other agency if further assistance is needed.

(Ord. No. 95-2177, adopted 03/16/95)

Where further investigation is necessary, the investigating officer will notify an on-duty supervisor of such fact. If warranted, the officer shall obtain a warrant for arrest; execute the warrant if possible; or put the warrant into the local crime computer system if not executed. Members shall complete all required follow-up tasks as soon as possible. (Ord. No. 95-2177, adopted 03/16/95)

In cases of DOMESTIC VIOLENCE where the victim refuses to pursue or to cooperate, the officer making the arrest shall file his report with his respective agency for consideration.

A. The assaulted person shall be listed as the victim.

B. The officer, in his official capacity, shall be listed as a witness. (Example: “Deputy John Jones, St. Tammany Parish Sheriff’s Department, 510 East Boston Street, Covington, La. 70433".)

C. The Arrest Report/Booking Sheet shall reflect that the charges are related to Domestic Violence. (Example: “Violation of Police Jury Ordinance P.J.S. Domestic Violence.)

(Ord. No. 95-2177, adopted 03/16/95)

A. Officers shall provide victims with a Public Information Notice of Domestic Violence Assistance Programs. Copies of the notice shall be kept on stock by the various law enforcement agencies in St. Tammany Parish.

B. If necessary, ensure that victims receive prompt, medical attention or are transported to a medical facility.

C. Provide assistance in securing transportation from the scene to an alternate residence or shelter as indicated.(Ord. No. 95-2177, adopted 03/16/95)

Officers conducting an investigation of Domestic Violence of Domestic Disturbances where children are present, will be cognizant of statutes providing for the removal of the child in the case of neglect, abuse, or where the safety of the child is in danger.

A. Officers who have reasons to believe such is the case in a Domestic Violence or Domestic Disturbance instance shall immediately notify their supervisor. A Juvenile Detective will be summoned where there is a need for immediate removal of the child from the family home.

(Ord. No. 95-2177, adopted 03/16/95)

A. The Jailer shall notify the appropriate Magistrate or Judicial authority of all arrests involving Domestic Violence.

B. Bonds for incidents involving Domestic Violence shall be set by the appropriate Magistrate of Judicial authority.

C. If a prisoner arrested for Domestic Violence offenses requires medical attention, he shall be physically booked at the Jail upon release from the medical facility unless authorized otherwise by an immediate supervisor or higher authority only.

(Ord. No. 95-2177, adopted 03/16/95)

Al law enforcement agencies, justices of the peace, and constables should be provided with copies of this Ordinance and same be made available to all commissioned law enforcement agents, deputies and peace officers. (Ord. No. 95-2177, adopted 03/16/95)

ARTICLE XIII SECURITY SYSTEMS - FALSE ALARMS   (Return to Table of Contents)

Editorial Note: This Article originally created by Ord. No. 94-2039, adopted 08/18/94, was repealed and reenacted per Ord. No. 06-1310, adopted 06/01/2006.

(a) The purpose of this chapter is to encourage alarm system users and alarm businesses to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarm systems, to reduce unnecessary police emergency response to false alarms, and thereby to protect the emergency response capability of the sheriff’s office from misuse.

(b) This chapter governs burglary and/or robbery alarm systems, provides for fines for excessive false alarms, provides for discontinuation of the sheriff’s office response to excessive false alarms, provides for punishment of violations and establishes a system of administration.

(Ord. No. 06-1310, adopted 06/01/2006)

The following words, terms and phrases, when used in this chapter, shall have the meanings respectively ascribed to them, unless the context clearly indicates a different meaning:

Activation means making the alarm system operational for purposes other than testing, that may result in a law enforcement agency response to that site.

Alarm administrator means a person or persons designated by the Sheriff to administer, control and review alarm dispatch requests; and coordinate false alarm notification letters, enforcement, and fines.

Alarm appeals board means a board established to hear an appeal timely requested on a decision rendered by the alarm administrator.

Alarm business means the business by an individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

Alarm system means any assembly of equipment, devices, mechanical or electrical, arranged or used for the detection of a hazardous condition or an unauthorized entry or attempted entry into a building, structure or facility, or for alerting persons of a hazardous condition or the commission of an unlawful act within or upon a building, structure or facility, and which emits a sound, or transmits a signal or message when activated, to which annunciation the sheriff’s department or other law enforcement agency may be summoned to respond. For purposes of this chapter, an alarm system shall not include:

(1) An alarm installed on motor vehicles, boats, or other movables not connected/attached to a fixed protected property site.

(2) An alarm installed upon the premises occupied by the United States government, by the State of Louisiana, or by the Parish of St. Tammany.

(3) Any device or system designed solely to give notice or alert of a medical emergency.

Alarm Systems in apartment complexes:

(1) Contracted for by an individual tenant means that if an alarm system is installed or maintained by an individual tenant within an apartment complex, then the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant’s unit and the payment of fines.

(2) Furnished by the apartment complex as an amenity means that if the owner or property manager of an apartment complex provides and maintains alarm systems in each unit as an amenity, then the owner or property manager of the apartment complex is responsible for false alarm dispatches emitted from these alarm systems in all of these units collectively and the payments of any fines.

Alarm system monitoring company means any individual, partnership, corporation, or other entity that engages in the business of monitoring property, burglary, robbery, or panic alarms, and of reporting any activation of such alarms to the sheriff’s office. Such a company must have a "monitoring station," which is the use of a system or a group of systems in which the operation of circuits and devices at a protected property are signaled to, recorded in, and supervised from a central monitoring station having trained operators who, upon receipt of a signal, take such action as required by the nature of the signal received.

Alarm system user or user means the person, firm, partnership, association, corporation, company or other entity which owns, leases, controls or occupies any building, structure or facility wherein an alarm system is maintained.

Audible alarm system means an alarm system that emits an audible sound or message which can be heard off premises. Such an audible local area alarm may or may not be monitored by an alarm system monitoring company, and such audible sound is intended to alert neighbors or other residents of the local area to summon the sheriff’s office. (See "local alarm.")

Automatic dialing device means a device which is interconnected to a communications system and is programmed to select a predetermined delivery number and transmit by voice message, code signal, or otherwise an emergency message indicating a need for emergency response. Such a device is part of an alarm system which automatically sends over a communications system, by direct connection or otherwise, a prerecorded message or coded signal to report an emergency.

Conversion/takeover means the transaction or process by which an alarm system user, alarm business or alarm system monitoring company takes over control of an existing alarm system which was previously controlled by another alarm system user, alarm business or alarm system monitoring company.

Dispatch means to direct sheriff’s office units to a location where there has been a report made, by whatever means, that sheriff’s office assistance or investigation is needed.

False alarm means an alarm signal, eliciting a response by the sheriff’s office when a situation requiring such response does not exist, including but not limited to, the activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm system user or user s agent or employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual emergency exists. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the direction or control of the alarm system user, acts of terrorism, or any other cause clearly beyond the control of the alarm system user may be considered in determining if an alarm activation was false and whether any occurrence, fine, warning, or other action will be taken against the alarm system user as provided for by this section.

Grace period means a specified length of time from the date of installation, or system conversion/takeover during which no occurrence, fine, or penalty is assessed for false alarms.

Holdup alarm system means any system, device, or mechanism, activated by human action as a result of or in response to robbery or attempted robbery at the alarm site. (See "panic alarm.")

Local alarm means an alarm system which when activated causes an audible or visual signaling device to be activated only on the premises upon which the system is installed and which is intended to be heard or seen by others outside of the protected premises.

No response means sheriff’s deputies will not be dispatched to investigate a report of an alarm signal.

Notice means written notice given by service upon the alarm system user or given through first class U.S. mail, postage prepaid, to the alarm system user s last known mailing address.

Panic alarm means any system, device, or mechanism, activated by an individual on or near the premises, to alert others that a robbery or other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or bodily harm. A panic alarm includes the manual entry of any combination of numbers into a keypad intended for emergency summons of the sheriff’s office.

Response means the arrival of a law enforcement officer or officers at the premises where an alarm system has been activated, indicating an emergency at those premises.

Site means each location requiring an individual alarm system. An alarm system site is determined by each separate and distinct physical address.

Suspension means the temporary cessation of sheriff’s office response to the site of an alarm system.

Verification means any attempt, by the alarm business, or alarm system monitoring company to verify the need for a sheriff’s office dispatch by contacting the alarm system site by telephone, electronically, via a communications system, or by visual means, whether or not an actual contact with a person is made, before requesting a sheriff’s office dispatch.

(Ord. No. 06-1310, adopted 06/01/2006)

(a) Audible alert required. All burglary alarm systems installed on or after the effective date of this section shall be equipped with a pre-alert on all the designated exit/entry doors of the protected premises.

(b) Backup battery power required. All burglary alarm systems installed on or after the effective date of this section shall be equipped with standby batteries to operate for not less than four hours if power is interrupted. Backup batteries must also prevent false alarms during power outages.

(c) Holdup alarm devices. Alarm businesses shall not install a single-action nonrecessed button as a device for activating a holdup alarm. With respect to systems in existence prior to the effective date of this section, the alarm system user shall have 180 days from the effective date of this section to effect the necessary modifications to comply with this requirement.

(d) Noise limits. All bells, sirens, or other noise sources that sound and are intended to be heard outside of the protected premises in the event of an alarm must be set to stop automatically within 5 minutes after the alarm has been activated.

(e) Automatic dialing devices prohibited. No alarm system user shall install automatic dialing devices that terminate on sheriff’s office telephones. Any alarm system user presently using such a device must remove, alter, modify, reprogram or change such devices to bring them into compliance with this section. Commencing on the effective date of this ordinance, no automatic dialing devices shall be installed in St. Tammany Parish.

(f) Failure to comply. Failure of an alarm system user and/or alarm business to comply with any of the aforementioned equipment requirements shall be a violation of this section, subject to prosecution in district court, and the user and/or alarm business shall be fined, upon conviction, not less than $100.00 nor more than $250.00 within any 30-day period for each violation or shall perform community service, or both, and such conviction may result in "nonresponse" to the alarm system user s alarm.

(Ord. No. 06-1310, adopted 06/01/2006)

(a) Monitoring company requirements. Every alarm system monitoring company engaging in business activities in St. Tammany Parish shall annually register with the alarm administrator. A $25.00 fee for this registration is required, and the alarm administrator shall provide this registration form not later than 30 days prior to the end of the calendar year. This registration shall include information regarding the following:

(1) The proper business or trade name, address and telephone number.

(2) All other names, addresses and phone numbers under which the company or corporation conducts business.

(3) If an unincorporated association, the name of the owner and responsible associates.

(4) If a corporation, the names and positions of officers in the corporation.

(5) If a corporation, the name and address of the registered agent.

(b) Verification process required. The alarm system monitoring company shall maintain a verification process that makes every reasonable effort to verify the cause of the alarm condition to prevent false alarms from resulting in unnecessary sheriff’s office dispatches. A verification process is an independent method of determining that a signal from an automatic alarm system reflects the real need for immediate sheriff’s office assistance or investigation. This verification process must be effected prior to reporting an alarm sounding to the sheriff’s office. A copy of any alarm verification process policy shall be maintained by the alarm system monitoring company and the central monitoring station and, upon request and reasonable notice, shall be produced to the alarm administrator for inspection and copying. All certificated "Underwriters Laboratory" alarm systems shall be exempt from such verification process requirements.

(c) Record keeping. Alarm system monitoring companies must maintain, for a period of at least one year following request for sheriff’s office dispatch to an alarm site, records relating to such request. Records must include the name, address and phone number of the alarm system user, the alarm system zone(s) or point(s) activated, the date and time of request for sheriff’s office dispatch, and evidence that an attempt to verify was made prior to request for sheriff’s office dispatch. The alarm administrator may request and is entitled to receive from the alarm system monitoring company copies of such records for individually named alarm systems users.

(d) Reporting alarms to the sheriff’s office. An alarm system monitoring company shall report alarm signals to the sheriff’s office by using telephone numbers designated by the alarm administrator. The state license code assigned to the registered alarm business by the state fire marshall s office shall be used to prove the validity of the alarm company for reporting purposes. The failure to provide the state license code number to the sheriff’s office at the time of reporting shall cause the alarm administrator to forward a written warning notice to the alarm user, the alarm business, and the alarm monitoring company that any future alarm signals from that location without the submission of the state license code number will not be dispatched, and the sheriff’s office will not respond without independent on-scene verification of need.

(e) Reporting cancellations. The sheriff’s office will accept cancellations for dispatch at any time prior to the arrival of sheriff’s deputies at the alarm site. The alarm system monitoring company shall communicate verified cancellations of alarm dispatch requests to the sheriff’s office in a manner and form prescribed by the alarm administrator. For false alarm enforcement purposes, any dispatch request canceled prior to the arrival of sheriff’s deputies on a burglar alarm site will not be counted as a false alarm. In order for the sheriff’s office to verify the identity of the alarm system monitoring company through the telephone or communications system, alarm system monitoring companies are prohibited from utilizing "caller identification blocking" or any similar program or system that would prohibit the department from determining the identity of the cancellation caller through an "automatic number identification" system. For calls by "out of area" alarm system monitoring companies wherein caller verification by the sheriff’s office communications center is not available, such cancellation calls for alarms will be accepted only by their reporting of the state license code assigned by the fire marshall s office as a means of determining identity. Cancellation of calls for alarms by alarm system users directly to the sheriff’s office for those systems that utilize an alarm system monitoring company will not be accepted, unless confirmed to the sheriff’s office by the alarm system monitoring company.

(f) Cooperation with sheriff’s office. When the alarm administrator reports that there has been a false alarm at an alarm system user s premises, the alarm system monitoring company shall work cooperatively with the alarm system user and the alarm administrator to determine the cause thereof and to prevent reoccurrences. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation or such system is not suppressing false alarms, the alarm administrator may require one or more conferences with an alarm system user and the alarm business, and/or alarm system monitoring company responsible for the repair of the alarm system to review the circumstances of any false alarm,.

(g) Penalties for noncompliance. The failure of an alarm system monitoring company to comply with any of the above requirements shall be a violation of this section, subject to prosecution in district court and such alarm system monitoring company shall be fined, upon conviction, not less than $100.00 nor more than $250.00 within any 30-day period for each violation.

(Ord. No. 06-1310, adopted 06/01/2006)

(a) Licensing requirements. All alarm businesses engaged in business in the parish shall be required to possess a state license under the "Alarm Industry Licensing Act," R.S. 40:1662.1 through 40:1662.17.

(b) License copy to be maintained by the sheriff’s office. All alarm businesses engaged in business in the parish shall file a copy of such valid state certificate attached to the alarm company registration form with the alarm administrator.

(c) Alarm business registration with the sheriff’s office. All alarm businesses engaged in business in the parish shall annually register with the alarm administrator. A $25.00 fee for this registration is required, and the alarm administrator shall provide this registration form no later than 30 days prior to the end of the calendar year. All changes to this information shall be reported to the alarm administrator. This registration shall include information regarding the following:

(1) The proper business or trade name, address and telephone number of the alarm business.

(2) All other names, addresses and phone numbers under which the company or corporation conducts business.

(3) If an unincorporated association, the name of the owner and responsible associates.

(4) If a corporation, the names and positions of officers in the corporation.

(5) If a corporation, the name and address of the registered agent.

(6) A statement that the alarm business will maintain a 24-hour emergency service, seven days a week, including holidays.

(7) Names of certified/licensed technicians.

(d) Exemptions. The provisions of this section do not apply to persons engaged solely in the manufacture or sale of alarm systems or their components from a fixed location who do not install, maintain, service, or plan an alarm system for any location. The provisions of this section further do not apply to persons engaged in the repair of alarm systems or their components from a fixed location, and who do not, either personally or through another, visit the structure in which or on which the alarm system is installed.

(e) Penalties for no license. No person or company shall engage in an alarm business in the parish without holding a current and valid license issued by the state fire marshall as provided by state law. The individual limits of the class of the license as to the skill level and type of work that may be performed by the company, are applicable in the parish. Prosecution for any violation of applicable state law shall be furthered by the sheriff’s office.

(f) Cooperation with sheriff’s office. When the alarm administrator reports a false alarm at an alarm system user s premises, the alarm business should work cooperatively with the alarm system user and the alarm administrator to determine the cause thereof and to prevent reoccurrences. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation or if such system is not suppressing false alarms, the alarm administrator may require one or more conferences with an alarm system user, and/or the alarm business, and/or alarm system monitoring company responsible for the repair of the alarm system to review the circumstances of each false alarm.

(g) Instructions and training to be provided. Every alarm business leasing or furnishing to any alarm system user an alarm system which is installed on the premises on or after the effective date of this section shall furnish the alarm system user with written instructions to enable the user to properly operate the alarm system at any time.

(h) Compliance with installation and equipment requirements. Every alarm business leasing or installing an alarm system which is installed on the premises on or after the effective date of this section shall comply with the alarm system installation and equipment requirements as specified under section 15-127.00 of this chapter.

(i) Alarm registration and user identification letter requirements. The alarm business is responsible for the completion and submission of the registration of any new installation and/or conversion-takeover of any existing system. The alarm business shall forward to the sheriff’s office a completed alarm user identification letter including certification of the date of installation, conversion, or takeover of the alarm system. This form shall be submitted within ten days of the install, conversion, or takeover of the alarm system.

(j) Penalties for noncompliance. The failure of an alarm business that engages in business activities in the parish to comply with any of the above requirements shall be a violation of this section, subject to prosecution in district court and such alarm business shall be fined, upon conviction, not less than $100.00 nor more than $250.00 within any 30-day period for each violation.

(Ord. No. 06-1310, adopted 06/01/2006)

An alarm system user shall:

(1) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system.

(2) Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm dispatches.

(3) Make every reasonable effort to respond or cause a contact person(s) to respond to the alarm system s location within a reasonable period of time when notified by the alarm administrator or the sheriff’s office to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises.

(4) Not manually activate an alarm for any reason other than the occurrence of an event for which the alarm system was intended to be activated.

(5) Instruct all personnel who are authorized to place the system or device into operation of the appropriate method of its operation.

(Ord. No. 06-1319, adopted 06/01/2006)

(a) Deputy on the alarm scene. Whenever an alarm is activated, thereby requiring an emergency response to the location by the sheriff’s office, a sheriff’s deputy on the scene of the activated alarm system shall inspect the area protected by the system and determine whether the alarm was false or was caused by a criminal offense or attempted criminal offense. The deputy shall affix to the main premises entrance at that location a notification indicating the date, time, and responding deputy unit number.

(b) Notification and tracking. The deputy responding to the alarm scene will verify the address location and communicate to the sheriff’s office dispatcher the disposition of the call which will be recorded into the sheriff’s office computer aided dispatch system. In the event of a false alarm, any weather conditions or other possible contributing factors which could have led to the false alarm shall be recorded in the dispatcher s computer record.

(a) Sending of false alarms. The sending of an alarm signal eliciting a response by the sheriff’s office when a situation requiring a response by the sheriff’s office does not in fact exist, including but not limited to the activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm system user or alarm system user s agent or employee, or any other activation or transmission of any alarm signal where no emergency exists, whether the exact cause of the alarm activation is determined, is prohibited. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the control of the alarm system user, acts of terrorism, or any other cause clearly beyond the control of the alarm system user may be considered in determining if an alarm activation was false and whether any occurrence, fine, warning or other action will be taken against the alarm system user as provided for by this section.

(b) Unlawful activation of a holdup or panic alarm. No person shall activate any robbery, holdup, or panic alarm for the purpose of summoning police except in the event of an unauthorized entry, robbery or other crime being committed or attempted on the premises or in the event the person needs immediate assistance in order to avoid injury, property loss, or bodily harm. The unnecessary dispatching of the sheriff’s office for robbery, holdup, or panic alarms will be counted against the alarm site as a false alarm.

(c) Grace period. Beginning with the date of alarm activation or alarm conversion/takeover, there shall be a 30-day grace period. During the 30-day grace period, false alarms will not be counted as an occurrence toward the total for the calendar year, nor will the alarm system user be subject to any fine, warning, or other action as provided for in this section.

(d) Penalties for sending of false alarms. The sending of a false alarm constitutes a violation of this section. It shall be the responsibility of the alarm system user to provide the necessary documentation in order to verify the alarm system s date of purchase, conversion/takeover date, or installation to authenticate the grace period and administrative warnings, fines, and/or suspension of a sheriff’s office response may be assessed/imposed upon an alarm system user by the alarm administrator for excessive false alarms during a calendar year as follows:

# False Alarms Penalty

1 to 3 No fine assessed. Alarm user identification letter issued for 2nd & 3rd false alarm

4 to 5 $25.00 fine per false alarm to alarm system user.

6 to 7 $50.00 fine per false alarm to alarm system user.

8 to 9 $75.00 fine per false alarm to alarm system user.

10 & above Notice of suspension issued. (“Nonresponse by police)

All funds derived from the fines contained in this chapter, except those fines imposed and collected by the district court, shall be allocated to the operating budget of the sheriff’s office. Except for the fines collected by the district court, it shall be the responsibility of the sheriff’s office or a designated collection agency or agencies to collect such fines.

(Ord. No. 06-1310, adopted 06/01/2006)

SUSPENSION REQUIREMENTS FULFILLED-REINSTATEMENT-$100.00 fine.

(e) Training waiver. Once per calendar year, an alarm system user shall have a false alarm fine, with the exception of the reinstatement fine, waived upon payment of all prior fines imposed through this section and submission of written documentation of the alarm system user having attended training recognized by the alarm industry to reduce false alarms.

(f) False alarm annual count. At the end of the calendar year, the false alarm count will revert to zero, provided all charges, fees, and fines have been paid. Multiple alarms from the same site on a single calendar day may be counted as only one false alarm for the purposes of penalty assessment.

(g) Alarm user identification letter. Upon receipt of the second and third false alarm report, the alarm administrator shall send an alarm user identification letter by regular mail to the occupant of the alarm site. The alarm system user shall be accountable for accurately completing the requested identification information and returning same to the police department alarm administrator. The letter shall include:

(1) The name, birth date, driver s license number, social security number, address, and telephone numbers of the person who is the alarm system user and who is responsible for the proper maintenance and operation of the alarm system. In the case of a firm, corporation, partnership, association, company or organization, an individual shall be designated and identified as the corporate officer, partner, associate, or company representative who will be held accountable as the responsible person for the alarm site.

(2) The classification of the alarm site as either residential, commercial, or apartment.

(3) The name, address, and phone number of the alarm business performing the alarm system installation, activation, conversion/takeover and business responsible for providing repair service to the alarm system.

(4) The name, address, and phone number of the alarm system monitoring company, if different from the installing alarm business, and if applicable.

(h) Failure to return alarm user identification letter. Failure to return the alarm user identifi- cation letter within ten days after the third false alarm report notification shall cause the alarm administrator to send a suspension notification letter by certified mail, return receipt requested, to the occupant of the alarm site, notifying the occupant that the sheriff’s office will not respond to any future alarms at the alarm site. Continued reporting of alarms to the sheriff’s office under suspension status shall subject the alarm system user to prosecution in district court and a fine of not less than $150.00 and not more than $250.00 for each violation. The alarm administrator may reinstate the alarm system user for failure to submit the alarm user identification letter after the alarm system user applies in writing for reinstatement. An alarm user, suspended for failure to respond to the alarm user identification letter, may reapply for reinstatement in writing. The alarm administrator may reinstate sheriff’s office response privileges to the alarm user after the user provides the information requested in the alarm user identification letter and after payment of a $100.00 fine. However, any false alarms which occur after reinstatement shall be added to the existing number of false alarms attributable to the alarm user in that calendar year for purposes of determining the appropriate penalty provided in section 15-132.00, entitled “Penalty for false alarms”.

(i) Warning notification letter. The alarm administrator shall send a "notification of false alarm and fine" by regular mail to notify the alarm system user and the alarm business and/or alarm system monitoring company of each false alarm when a fine is applicable, and the consequences of the failure to pay the fine. The alarm administrator shall also inform alarm system users of their right to appeal the finding of any false alarm to the sheriff via the alarm administrator or his/her designee.

(j) Failure to pay fine. If an assessed fine has not been paid within 30 days of the day the notice of fine was mailed by the alarm administrator and there is no appeal pending on the finding of the false alarm, the alarm administrator shall send a second notice of false alarm and fine by certified mail, return receipt requested, along with a notice of late fee of $25.00. If payment is not received within ten days of the day such notice was received, the alarm system user shall be in violation of this section, subject to prosecution in district court and shall be fined, upon conviction, not less than $100.00 nor more than $250.00 within any 30-day period, or shall perform community service, or both, and may result in "nonresponse" to the alarm system user s alarm. A "notice of suspension of sheriff’s office response" shall be sent by the alarm administrator to the alarm system user, alarm business, and/or alarm system monitoring company by certified mail, return receipt requested.

(k) Suspension warning-"no response" to excessive alarms. After the 8th false alarm, the alarm administrator shall send notification to the alarm system user by certified mail, return receipt requested, and a copy by regular mail to the alarm business and/or alarm system monitoring company, which shall contain the following information:

(1) That the 8th false alarm has occurred.

(2) That if two more false alarms occur within the calendar year, sheriff’s deputies will not respond to any subsequent alarms without the approval of the sheriff through the alarm administrator.

(3) That such approval may only be obtained by applying in writing for reinstatement. The alarm administrator may reinstate the alarm system user only upon finding that reasonable effort has been made to correct the cause of the false alarms. Examples of such reasonable effort may include written documentation of:

a. A service inspection by the alarm business for repair of any mechanical failures;

b. Modifications or improvements made to the alarm system and/or the alarm system user having completed training recognized by the alarm industry to reduce false alarms.

(4) That the alarm system user has the right to contest the finding of a false alarm by the alarm administrator through a "false alarm validity hearing" held by the alarm appeals board. The request for such a hearing must be in writing and filed with the alarm administrator within 15 days of receipt of the notice of false alarm.

(5) The assessment of the $75.00 fine.

(l) Application of suspension. After the 10th false alarm within a calendar year or if an alarm system user has failed to submit the alarm user identification letter within ten days of receipt of the 3rd false alarm report notification, there may be no police response to subsequent alarms without the approval of the sheriff through the alarm administrator. The alarm administrator shall send a "notice of suspension of police response" to:

(1) The sheriff’s office communications division so that the computer aided dispatch address file history can be recorded.

(2) The alarm system user by certified mail, return receipt requested.

(3) The alarm business and/or alarm system monitoring company by certified mail, return receipt requested. The suspension of sheriff’s office response to an alarm location shall begin ten days after the date of receipt of the notice of suspension of sheriff’s office response to the alarm system user unless a written appeal of the suspension has been made to the sheriff through the alarm administrator.

(m) Sheriff’s Office authority to suspend alarm response. Nothing herein is intended to affect the inherent authority of the Sheriff of St. Tammany Parish to exercise discretion in the operation and administration of his office. The sheriff’s office is further authorized by this section to use discretion in deciding whether to direct police units to an alarm location where a suspension of police response has been implemented and there has been a report made that police assistance or investigation is needed. All dispatch decisions are made subject to competing priorities and available police response resources and at the discretion of the sheriff.

(n) Appeal through the alarm administrator. An alarm system user who wants to appeal a false alarm determination by the alarm administrator, fines, suspension of sheriff’s office response, or an alarm system user s request for reinstatement, may file same with the sheriff through the alarm administrator for hearing. The request must be in writing and must be made within 15 days of the alarm system user having received the notification of action. Failure to appeal the determination in the required time period results in a conclusive presumption of the validity of the alarm administrator s determination. If a hearing is requested, written notice of the time and place of the hearing shall be served on the alarm system user by the alarm administrator by certified mail, return receipt requested, which date shall not be more than 21 nor less than ten days after the filing of the request for hearing. The alarm system user shall have the right to present to the alarm administrator written and/or oral evidence. The alarm administrator shall consider the evidence offered and issue written findings waiving, expunging or entering penalties provided by this chapter on an alarm system user s record as appropriate. Confirmation submitted by an alarm system user that an alarm business has been notified and summoned for an alarm system repair or service call, may be considered sufficient evidence to not continue accruing any further false alarms at this site until that alarm business has completed such documented service and/or repair within a reasonable period of time. If false alarm designations are entered on the alarm user s record, the alarm administrator may pursue fine collection accordingly.

(o) Suspension requirements fulfilled-reinstatement. The alarm system user may request an appeal hearing before the alarm administrator as specified above. At this hearing, the alarm system user must present evidence to the alarm administrator that the alarm system user has taken corrective action to repair, modify, or install alarm equipment that will serve to prevent future false alarms at that site. Written documentation provided by an alarm business shall be required. Such correction may also include mandatory user false alarm reduction training through a recognized class. Upon receipt of this documentation and payment of the $100.00 fine, the alarm administrator shall reinstate the sheriff’s office response status. The false alarm count will return to zero for that calendar year upon installation of a new alarm system or upon correction or modification of an existing alarm system.

(p) Reinstatement denied. If the alarm administrator determines that the action taken will not substantially reduce the likelihood of false alarms, the request for reinstatement shall be denied. The alarm administrator shall give notice by certified mail, return receipt requested, to the alarm system user that police response will be suspended and notify the alarm system user as to what is necessary in order to have the response status reinstated. If the alarm system user s request for reinstatement has been denied by the alarm administrator, the alarm system user may, within 15 days of receipt of a notice of suspension, appeal this decision by filing a written request for review by the alarm appeals board.

(q) Continued reporting of alarms while under suspension. It shall be a violation of this section for an alarm system user to cause or allow notification to the sheriff’s office from an alarm site which has a suspended police response status. A user must disconnect and prevent the signal, audible and electronic, of a suspended alarm system to cause notification to the sheriff’s office by an alarm system monitoring company from the audible noises emitted from a local alarm system. An alarm system user who violates this provision is subject to prosecution in district court and a fine of not less than $150.00 and not more than $250.00 for each violation.

(Ord. No. 06-1310, adopted 06/01/2006)

(a) Composition of the board. The sheriff’s office shall convene an alarm appeals board to address unresolved disputes pertaining to the findings of false alarms by the alarm administrator, fines, suspension, or requests for reinstatement of sheriff’s office response, or any other issues of a common interest to the sheriff’s office, alarm industry and/or alarm system users. The alarm appeals board shall be comprised of 5 members: two sheriff’s office representatives designated by the sheriff, two alarm industry representatives designated by the local chapter of the Louisiana Burglar and Fire Alarm Association, and one representative selected from alarm system users. The terms of board members are as follows: The terms of the two sheriff’s office representatives shall be determined by the sheriff; the terms of the other board members shall be one year, running from January 1 to December 31. Board members may succeed themselves. No member of this board shall be liable for any civil action for any act performed in good faith in the execution of his or her duties as a board member.

The alarm industry, including alarm businesses and alarm system monitoring companies shall not be responsible for the collection of any fines levied against alarm system users for violating the requirements of this chapter.

(b) Appeal from fines. The alarm appeals board shall conduct a hearing in those matters requested for appeal that have been ruled on by the alarm administrator. The alarm appeals board shall consider evidence offered by any interested person(s). The board shall make its decision on the basis of a preponderance of evidence presented at the hearing including, but not limited to, evidence that a false alarm dispatch was caused by a defective part that has been repaired or replaced or that an alarm dispatch request was caused by a criminal offense. The board must render a decision within 30 days after the request for an appeal is filed. If decision is not rendered within 30 days, the alarm administrator s ruling stands. The board shall affirm, reverse, or modify the action of the alarm administrator. The decision of the board is final as to administrative remedies with the parish.

(c) Appeal from denial or suspension. The alarm appeals board shall conduct a hearing and consider evidence offered by any interested person(s). The board shall make its decision on the basis of a preponderance of the evidence presented at the hearing including, but not limited to, certification that alarm system users have been retrained, that a defective part has been repaired or replaced, or that the cause of the false alarm has been otherwise corrected. The board must render a written decision within 30 days after the request for an appeal is filed. If decision is not rendered within 30 days, the alarm administrator s ruling stands. The board may affirm, reverse, or modify the action of the alarm administrator. The decision of the board is final as the administrative remedies.

(d) District court proceedings. The alarm appeals board shall have no standing with respect to the adjudication of proceedings within district court relative to false alarms.

(Ord. No. 06-1310, adopted 06/01/2006)

The parish assumes no liability for any defects in the operation of any alarm system or transmission of signals, for any failure or neglect of any person associated with the installation, operation or maintenance of an alarm system, for any failure or neglect of any alarm system user, for the transmission or receipt of alarm signals or any failure or neglect to respond upon receipt of an alarm from any source. In the event that the sheriff finds it necessary to suspend police response or to otherwise provide for the disconnection of any alarm system, the parish shall have no liability for such action. No special duty other than that owed to the general public shall be created by virtue of this section or as a result of the transmission to or receipt of alarm signals by the sheriff’s office.

(Ord. No. 06-1310, adopted 06/01/2006)

ARTICLE XIV AIRBOATS   (Return to Table of Contents)

EDITORIAL NOTE: This Article previously established by Ord. 94-1941, adopted 03/17/94, was rescinded and replaced per the following in accordance with Ord. 06-1449 adopted 12/07/2006.

It is recognized that the use of Airboats on real property without the express written permission of land owners poses eminent hazards within the Parish of St. Tammany; therefore, it shall be unlawful for any commercial or recreational Airboat to commit a trespass on private or public real property.

1. “Airboat” shall be defined as any water craft propelled by means of an air propeller powered by an engine of at least twenty five (25) horsepower.

2. “Idle” speed and “No Wake Zone” shall mean bare steerage speed, the slowest speed the vessel can travel while allowing the operator to maintain directional control of the vessel to produce the minimum water surface turbulence.

3. “Sign” means any ‘No Trespass’ or ‘Posted’sign or signs placed on immovable real property in such place or places where the sign(s) may reasonably be expected to be seen. A sign forbidding entry on the property shall be conspicuously posted or exhibited at the entrances of said property regulated by this section.

A. It shall be unlawful to operate an Airboat at more than idle speed within three hundred (300 ) feet of a public boat launch, a public docking facility adjacent to a public boat launch or any residence within the boundaries of unincorporated St. Tammany Parish.

B. Airboats shall at all times be operated in compliance with all parish, state and federal laws and regulations, and any restrictions placed on the use of the Airboats in a letter of no objection or other use-specific written permission issued by any affected property owner(s).

C. No person shall go upon or remain in or upon or attempt to go into or upon any immovable real property which belongs to another, for the purpose of operating or using an Airboat, after having been forbidden to do so, either orally or in writing, including by means of any sign placed in conformity with this Article, by any owner, lessee, or custodian of the property or by any other person authorized by any such persons.

Enforcement of this Article is authorized , directed, and empowered to state and local law enforcement agencies, and duly commissioned officers with state or federal wildlife and fisheries agencies.

No person shall be convicted of violating trespass provision of this Ordinance if a sign was not in place at the time of the alleged violation. It shall be unlawful for any person to remove, without the permission of the landowner, any properly posted “No Trespass” sign posted or exhibited at the entrances of any property in accordance with this Ordinance.

This Article shall not apply to any emergency, police, fire, ambulance, or other government vessels, Airboats or other water craft when same is being operated in an official capacity. In addition, no person shall be found in violation of this Article by reason of being upon property without authorization when the reason for such is a maritime or other emergency.

Any person who violates any of the provisions of this Article; or who violates or fail to comply with any order made hereunder, within the time fixed therein, shall severally for each and every violation and noncompliance, respec­tively, be guilty of a misdemeanor punishable by a fine of not less than ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED ($500.00) DOLLARS, or by imprisonment for not more than thirty (30) days, or both such fines and imprisonment. Each day that any violation of this Article continues shall constitute a separate offense.

(Ord. 06-1449, adopted 12/07/2006)

ARTICLE XV VEHICLES DURING FLOOD STAGE   (Return to Table of Contents)

EDITORIAL NOTE: Article XV was created by the authority of Ord. No. 95-2251 and 95-2252, both adopted on 07/20/95)

Whenever facts and circumstances exist which result in the full or partial flooding of a street, a person shall not operate or permit the operation of a vehicle or watercraft upon such affected street in a manner which endangers or may likely endanger a person (s) or property thereon or in proximity thereto. For the Purposes of this paragraph, which is or may be damaged by the intentional or negligent operation of the vehicle or watercraft.

. Any law enforcement officer duly authorized to enforce the ordinances of the governing authority of St. Tammany Parish, shall be authorized to enforce the provisions of this ordinance.

. Any person who observes a violation of this ordinance is authorized to notify the appropriate law enforcement authority of such violation within twenty-four (24) hours of the violation. Said person by affidavit shall provide the authority with the description of the offender and/or the offending vehicle or watercraft and, if known, the license or registration number of the offending vehicle or watercraft.

. Said authority may issue a citation to the offender and/or the owner of the vehicle or watercraft involved or, in the case of a leased vehicle, the lessee of the vehicle involved, on the bases of the information provided by the person as set forth in the aforementioned paragraph.

. Any person convicted of violating this ordinance shall be subject to the penalty provision which is set forth in Section 1-008.00 of the Code of Ordinances for the Parish of St. Tammany.

(Ord. No. 95-2251, adopted 07/20/95)

Upon the declaration by the Director of Emergency Preparedness of a State of Emergency for all or a portion of a waterway in St. Tammany Parish, a person shall not operate or permit the operation of a watercraft on a waterway in St. Tammany Parish in a manner which endangers or may likely endanger a person (s) or property thereon or in proximity thereto. Such operator shall proceed only at a speed that is reasonable and prudent under the conditions and potential hazards existing and shall have due regard for the marine traffic and property thereon or nearby and other relevant atmospheric, waterway, lighting, and geographical conditions. For the purpose of this paragraph, property, and corporeal and incorporeal property, any of which is or may be damaged by the intentional or negligent operation of the water craft.

. Any law enforcement officer duly authorized to enforce the ordinances of the governing authority of St. Tammany Parish shall be authorized to enforce the provisions of this ordinance.

. Any person who observes a violation of this ordinance is authorized to notify the appropriate law enforcement authority of such violation within twenty-four (24) hours of the violation. Said person by affidavit shall provide the authority with the description of the offender and/or the offending water craft and, if known, the registration number of the offending water craft.

. Any person convicted of violating this ordinance shall be subject to the penalty provision set forth in Section 1-008.00 of this Code of Ordinances for the Parish of St. Tammany.

(Ord. No. 95-2252, adopted 07/20/95)

ARTICLE XVI MUNICIPAL ADDRESSING   (Return to Table of Contents)

EDITORIAL NOTE: Article XVI was created by the authority of Ord. No. 99-3033, adopted 3/18/99)

It is hereby required that each and every property holder identify the physical location of any and all residential, commercial and industrial structures by obtaining a municipal address for each such structure from the Parish governing authority. Thereafter, it is the responsibility of each property holder to purchase and affix numbers in a visible location on every residential, commercial or industrial building belonging to him/her.

Municipal numbers shall be composed of individual Arabic digits, not less than a minimum height of four inches (4") each, to be posted on the building or structure in such a manner as to be read from the street, road or public right-of- way. If the building is not visible from the roadway, the mailbox or other means for visible posting must be numbered. With respect to apartments, all apartment complexes must have approved numbers, plus numbers or letters on each individual door of the complex.

With regard to new construction, expansion or renovation, no building permit shall be granted until a municipal address has been assigned to the property and numbers must be posted prior to issuance of a final inspection approval.

The installation and/or placement of municipal addresses within parish rights-of-way is hereby prohibited.

Violation of this Article shall constitute a misdemeanor and be punishable in accordance with Sec. 1-008.00 of this Code.

(Sec. 15-980.00 through 15-984.00 created authority of Ord. No. 99-3033, adopted 3/18/99)

ARTICLE XVII REGISTRATION OF SEX OFFENDERS; VERIFICATION PROCEDURES   (Return to Table of Contents)

EDITORIAL NOTE: Article XVII created by the authority of Ord. No. 06-1252, adopted 03/02/2006)

The legislature has found that sex offenders, sexually violent predators, and child predators often pose a high risk of engaging in sex offenses, and crimes against victims who are minors even after being released from incarceration or commitment and that protection of the public from sex offenders, sexually violent predators, and child predators is of paramount governmental interest. The legislature has also found that local law enforcement officers efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses and crimes against victims who are minors, are impaired by the lack of information available to law enforcement agencies about convicted sex offenders, sexually violent predators, and child predators who live within the agency s jurisdiction, and the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Restrictive confidentiality and liability laws governing the release of information about sex offenders, sexually violent predators, and child predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense or a crime against a victim who is a minor have a reduced expectation of privacy because of the public s interest in public safety and in the effective operation of government. Release of information about sex offenders, sexually violent predators, and child predators to public agencies, and under limited circumstances to the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.

It is the express policy of this state to assist local law enforcement agencies efforts to protect their communities by requiring sex offenders, sexually violent predators, and child predators to register with state and local law enforcement agencies, to require the exchange of relevant information about sex offenders, sexually violent predators, and child predators among state, local, and federal public agencies and officials, and to authorize the release of necessary and relevant information about sex offenders, sexually violent predators, and child predators to members of the general public as provided in Chapter 3-B of Title 15.

In order for St. Tammany Parish to further assist local law enforcement officers efforts to protect this community, conduct investigations, and quickly apprehend offenders who commit sex offenses and crimes against victims who are minors, it is necessary that the sheriff’s office have an effective means of continuing verification of the information and notifications that sex offenders are required to provide.

Where necessary for clarification or interpretation of this ordinance, reference to the definitions and provisions of La. Rev. Stat. Ann. § 15:540 La. Rev. Stat. Ann. § 15:541, La. Rev. Stat. Ann. § 15:542, La. Rev. Stat. Ann. § 15:542.1, La. Rev. Stat. Ann. § 15:544, and any relevant provisions cited therein, is permissible.

Any person who currently resides in St. Tammany Parish, or who moves into St. Tammany Parish, and is required by the provisions of La. Rev. Stat. Ann. § 15:542.1H(2) or (3) to register for life with the sheriff of the parish of his/her residence and/or with the chief of police, shall be required to continuously have on his/her person, commencing upon registration with the St. Tammany Parish Sheriff, a location tracking electronic monitoring device for the purpose of providing an ongoing verification of the registrant’s stated residence within this parish, the location of enrollment or worker status at an institution of post secondary education, the location where the registrant provides recreational instruction, and in order to insure that all required information is accurate and that all required notifications are current and are being provided within the designated areas.

The Sheriff of St. Tammany Parish is hereby authorized to charge a fee for the cost of the electronic device and the costs associated with the monitoring thereof.

(A) Any person who fails or refuses to wear a location tracking electronic monitoring device, when required to do so under the provisions of this ordinance, shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars and imprisonment of not less than thirty days in the parish jail.

(B) Any person who tampers with a location tracking electronic monitoring device shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars and imprisonment of not less than thirty days in the parish jail.

(C) When a person is required to comply with the provisions of this ordinance, it shall be unlawful for any person to assist that person in avoiding or circumventing any of the requirements of this ordinance. Any person who is found guilty of assisting a person in avoiding or circumventing the requirements of this ordinance shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars and imprisonment of not less than thirty days in the parish jail.

(Ord. No. 06-1252, adopted 03/02/2006)