On motion of ______, seconded by ______, the following ordinance was offered and amended:
SUMMARY NO. 22934 ORDINANCE NO.
An ordinance amending Jefferson Parish Code of Ordinances Chapter 36, relating to the unauthorized parking of vehicles “for sale or lease” on private property, streets, and rights of ways, and the procedure for tagging and/or emergency removal. (Parish-wide)
Sec. 36-100, Unauthorized parking on private property shall be amended to read as follows:
Sec. 36-100. Unauthorized parking on private property.
(a) The unauthorized parking or abandoning of motor vehicles on private property shall be a misdemeanor.
(b) Vehicles parked on private property without proper authorization and where signs have been posted declaring that parking is for authorized vehicles only may, at the request of the owner, lessee, person in control of the private property, or their agent, be removed from the private property by authorized personnel of the sheriff and impounded at a designated place or places to be released only to the duly registered owner pursuant to the requirements and procedure under sections 36-145 and 36-146.
(c) Abandoned, junked or derelict vehicles discarded, parked, offered for sale or lease, or left standing on private property without the consent of the owner, lessee or person in control of the property shall, at the request of the owner, lessee, person in control of the property or their agent, be removed immediately from private property by authorized personnel of the sheriff or the Jefferson Parish Department of Inspection and Code Enforcement and impounded at a designated place or places to be released or disposed of pursuant to the requirements and procedures under sections 36-129 through 36-134.
(e) The cost for towing and removing any vehicle pursuant to this section shall be assessed in accordance with the provisions of sections 36-134 and/or 36-147.
(f) Any person violation the provisions of this section shall upon conviction be fined twenty-five dollars ($25.00).
Sec. 36-131 – Tagging; notice; request for hearing; emergency removal and storage, shall be amended to read as follows:
(a) Tagging. Whenever any vehicle is found to have an apparent violation or is found to be abandoned, junked, derelict, including vehicles offered for sale or lease, by the department of inspection and code enforcement by reason of illegal parking or storing of such vehicle on public or private property, streets, ways, roads, or highways within the parish, or upon any canal servitude, levees or levee rights of way, public drainage servitudes, neutral grounds, medians, and/or rights of way between the paved portion of a dedicated street and the property line of the adjacent landowner within the parish, the parish through said inspectors shall immediately post a notice on the windshield of the vehicle directing the vehicle be removed from said location within twenty four (24) hours if parked on streets, roads, highways, canal servitude, levees or levee rights of way, public drainage servitudes, neutral grounds, or medians, and within seventy two (72) hours, exclusive of weekends and/or legal holidays, if parked on private property and/or rights of way between the paved portion of a dedicated street and the property line of the adjacent landowner within the parish.
(1) The tagging or notice posted on the windshield of the vehicle shall be a highly visible sticker or tag which contains the date and time of notice, the violation, removal details, contact name of tow company, and contact information for the parish posting notice;
(2) The tagging or notice posted shall be clearly visible to drivers of passing vehicles and/or pedestrians and shall not be placed in a location that would damage, harm or otherwise alter the appearance of the vehicle.
(b) Request for hearing.
(1) The tag conspicuously affixed to the vehicle, shall advise the owner of the violation, and the requirement that the owner remove the vehicle or request a hearing immediately. The tag shall further include the date of posting and who the owner must contact, with the appropriate phone number to request a hearing or make inquiries. Lastly, the tag shall inform the owner that the vehicle will be removed and destroyed or sold to defray the cost of removal if not removed or if no hearing request is made in a timely manner. This form of notice shall be sufficient notice to the owner to remove the vehicle or request a hearing.
(c) Emergency removal and storage. In those circumstances where the location of vehicle or its condition presents an immediate safety concern as determined in writing by an inspector and approved by the director or regulatory officer of the department of inspection and code enforcement, the department of inspection and code enforcement may forego tagging and/or notice to the owner and immediately tow the vehicle. The vehicle must be stored and applicable provisions adhered to per this chapter prior to disposal of the vehicle.
This ordinance having been submitted to a vote, the vote thereon was as follows:
YEAS: NAYS: ABSENT:
This ordinance was declared to be adopted on the 13th day of January, 2010, and shall become effective as follows, if signed forthwith by the Parish President, ten (10) days after adoption; thereafter, upon the signature by the Parish President, or, if not signed by the Parish President, upon expiration of the time for ordinances to be considered finally adopted without the signature of the Parish President, as provided in Section 2.07 of the Charter. If vetoed by the Parish President and subsequently approved by the Council, this ordinance
shall become effective on the day of such approval.