GENERAL PROVISIONS

New Orleans City Code ch. 1

in effect

New Orleans City Code § 1-1 How Code designated and cited.

Sec. 1-1. - How Code designated and cited. The ordinances embraced in this and the following chapters and sections shall constitute and be designated as the "Code of the City of New Orleans, Louisiana, 1995" and may be so cited. Such ordinances may also be cited as the "New Orleans City Code, 1995." (Code 1956, § 1-1)

New Orleans City Code § 1-2 Definitions and rules of construction.

Sec. 1-2. - Definitions and rules of construction. In the interpretation and construction of this Code the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise: Board, commission, officer, department, etc. Whenever any officer, department, board, commission or other city agency is referred to by title only, such reference shall be construed as if followed by the words "of the City of New Orleans, Louisiana." Whenever, by the provisions of this Code, any officer, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, department, board, commission or other agency shall mean and include any authorized representative, if not prohibited by law. Charter. Whenever the word "Charter" is used it shall mean and refer to the Home Rule Charter of the City of New Orleans. City. The word "city" means the City of New Orleans in the Parish of Orleans, State of Louisiana, except as otherwise provided. City council. The words "city council" or "council" shall mean the city council of the City of New Orleans, Louisiana. Code. The word "Code" shall mean and refer to the "Code of the City of New Orleans, 1995." Computation of time. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or a legal holiday, and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded. Council. The words "council" or "city council" shall mean the city council of the City of New Orleans, Louisiana. Gender. The masculine pronoun shall include the feminine and the neuter. In the city. The words "in the city" or "within the city" mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers. Joint authority. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons. Month. The word "month" means a calendar month. Number. Words used in the singular number include the plural and the plural includes the singular. Oath. The word "oath" shall be deemed to include an affirmation and the word "sworn" shall be construed to include the word "affirmed." Occupant; tenant. The words "occupant" and "tenant," applied to a building or land, mean any person who holds a written or oral lease of or actually occupies the whole or part of such building or land, either alone or with others. Or; and. The word "or" is used in the disjunctive and does not mean and/or. But "or" may be read "and" and "and" may be read "or" if the sense requires it. Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or a part of such building or land. Parish. The word "parish" means the Parish of Orleans in the State of Louisiana. Person. The word "person" means any individual, partnership, corporation, joint stock association or any city or state or any subdivision thereof; and includes any trustee, receiver, assignee or personal representative thereof. Personal property. The term "personal property" includes every species of property except real property as defined by this section. Preceding; following. The words "preceding" and "following" mean next before and next after, respectively. Property. The word "property" shall include real and personal property. R.S. Whenever the abbreviation "R.S." is used, it shall refer to the latest edition or supplement of the Louisiana Revised Statutes. Real property. The words "real property" include lands, tenements and hereditaments and embraces all chattels real. Sidewalk. The word "sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. State. The word "state" means the State of Louisiana. Street. The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city. Tense. Words in the present tense include the future. Written; in writing. The words "written" and "in writing" may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person or, in case he is unable to write, by his proper mark. Year. The word "year" means a calendar year unless otherwise expressed. (Code 1956, § 1-2)

New Orleans City Code § 1-3 Catchlines of sections.

Sec. 1-3. - Catchlines of sections. The catchlines of the several sections of this Code, printed in boldface type, and the catchlines to certain of the subsections of certain sections, printed in italics, are intended as mere catchwords to indicate the contents of the section or subsection and shall not be deemed or taken to be titles of such sections or subsections, nor as any part of the section or subsection, nor unless expressly so provided shall they be so deemed when any of such sections or subsections, including the catchlines, are amended or reenacted. (Code 1956, § 1-3)

New Orleans City Code § 1-4 References to chapters or sections.

Sec. 1-4. - References to chapters or sections. All references to chapters or sections are to the chapters and sections of this Code, unless otherwise specified.

New Orleans City Code § 1-5 History notes.

Sec. 1-5. - History notes. The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section.

New Orleans City Code § 1-6 References and editor's notes.

Sec. 1-6. - References and editor's notes. References and editor's notes following certain sections are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.

New Orleans City Code § 1-7 Code does not affect prior offenses, rights, etc.

Sec. 1-7. - Code does not affect prior offenses, rights, etc. Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

New Orleans City Code § 1-8 Effect of repeal of ordinances.

Sec. 1-8. - Effect of repeal of ordinances. (a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or cause of action arising under the ordinance repealed.

New Orleans City Code § 1-9 Certain ordinances not affected by Code.

Sec. 1-9. - Certain ordinances not affected by Code. (a) Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code: (1) Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code. (2) Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract, right, agreement, lease, deed or other instrument or obligation assumed by the city. (3) Any administrative ordinances or resolutions of the city not in conflict or inconsistent with this Code. (4) Any right or franchise granted by any ordinance. (5) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city. (6) Any appropriation ordinance. (7) Any ordinance levying or imposing taxes, charges, rates or fees. (8) Any ordinances prescribing through streets, parking and traffic regulations, speed limits, one-way traffic, limitations on load of vehicles or loading zones. (9) Any rezoning ordinance or amendment to the zoning map. (10) Any ordinance establishing and prescribing the street grades of any street in the city. (11) Any ordinance providing for local improvements and assessing taxes therefor. (12) Any ordinance dedicating or accepting any plat or subdivision in the city. (13) Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the city. (14) Any ordinance establishing positions, classifying positions, setting salaries of city officers and employees or any personnel regulations. (15) Any temporary or special ordinances. (16) Any ordinance calling elections or prescribing the manner of conducting the election in accordance with state law. (17) Any ordinance regarding storm drainage. (18) Any ordinance or provision regarding building standards. (b) All such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length in this Code and are on file in the city clerk's office.

New Orleans City Code § 1-10 Amendments to Code.

Sec. 1-10. - Amendments to Code. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed, or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code of ordinances by the city council. (b) The titles and ordaining clauses of proposed ordinances amending the Code shall refer to the "Code of the City of New Orleans section _____." It shall not be required that the titles, ordaining clauses, or bodies of such ordinances refer to the Mayor/Council Series number of the Code. Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That section _____ of the Code of the City of New Orleans, Louisiana, is hereby amended to read as follows:…." The new provisions may then be set out in full as desired. (c) If a new section not existing in the Code is to be added, the following language may be used: "That the Code of the City of New Orleans, Louisiana, is hereby amended by adding a section (or article or chapter) to be numbered as follows _____, which said section shall read as follows:…." The new section may then be set out in full as desired. (d) When the city council desires to enact an ordinance of a general and permanent nature on a subject not existing in the Code, which the city council desires to incorporate into the Code, a section in substantially the following language may be made a part of the ordinance: "Section _____. It is the intention of the city council and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of New Orleans, Louisiana, and the sections of this ordinance may be renumbered to accomplish such intention." (e) All sections, articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.

New Orleans City Code § 1-11 Supplementation of Code.

Sec. 1-11. - Supplementation of Code. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ through _____." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement, or already embodied in the Code.

New Orleans City Code § 1-12 Severability of parts of Code.

Sec. 1-12. - Severability of parts of Code. Should any section, paragraph, sentence, clause, phrase or word of this Code be declared invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs or sections of this Code, as they would have been enacted by council without the incorporation in this Code of any such invalid or unconstitutional word, phrase, clause, sentence, paragraph or section. (Code 1956, § 1-5)

New Orleans City Code § 1-13 General penalty; continuing violations.

Sec. 1-13. - General penalty; continuing violations. Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or whenever in this Code or any such ordinance the doing of any act is declared to be unlawful, when no specific penalty is provided therefor, the first violation of any such provision of this Code or any such ordinance shall be punishable by the greater of (i) a fine not to exceed $1,000.00 or by imprisonment for not more than six months, or both, or (ii) the maximum penalty authorized by state law for the violation. The second or any subsequent offense of any such provision of this Code or any such ordinance shall be punishable by the greater of (i) a fine not to exceed $2,000.00 or by imprisonment for not more than six months, or both, or (ii) the maximum penalty authorized by state law for the violation. A provision for the revocation or refusal of a permit or other provision not imposing a fine or imprisonment shall not be deemed a provision for a specific penalty within the meaning of the foregoing sentence. Each day that any violation of any safety ordinance or regulation contained in this Code shall continue shall constitute a separate offense. (Code 1956, § 1-6; M.C.S., Ord. No. 29357, § 1, 3-9-23; M.C.S., Ord. No. 29868, § 1, 3-21-24)

New Orleans City Code § 1-14 Petition for pardon.

Sec. 1-14. - Petition for pardon. (a) Any person convicted of violating a city ordinance may petition the mayor or the council for a pardon. The petition shall be in writing and shall set forth the date of the conviction, the violation, and the reasons supporting the pardon. (b) The city attorney can recommend and request pardons on behalf of an individual or for a class of municipal crimes. In such a case, the city attorney shall make the request in writing to the mayor or the city council. (c) The issuance of a pardon shall be in the sole and absolute discretion of the mayor or council. No person shall be entitled to a hearing on any petition or request submitted under this section. (Code 1956, § 1-12; M.C.S., Ord. No. 28743, § 1, 8-5-21, eff. 9-15-21)

New Orleans City Code § 1-15 Mayor may grant pardon.

Sec. 1-15. - Mayor may grant pardon. The mayor may grant a pardon to any person or class of persons accused or convicted of violating a city ordinance. The mayor shall notify the council in writing within ten days of a pardon. The mayor's pardon power under this section may be exercised without regard to whether a petition or request for a pardon has been made. (Code 1956, § 1-13; M.C.S., Ord. No. 28743, § 1, 8-5-21, eff. 9-15-21)

New Orleans City Code § 1-16 Council may grant pardon.

Sec. 1-16. - Council may grant pardon. The council may grant a pardon to any person or class of persons accused or convicted of violating a city ordinance. The council's pardon power under this section may be exercised without regard to whether a petition or request for a pardon has been made. (Code 1956, § 1-14; M.C.S., Ord. No. 28743, § 1, 8-5-21, eff. 9-15-21)

New Orleans City Code § 1-20 Employment with the city; compliance with the Military Selective Service Act.

Sec. 1-20. - Employment with the city; compliance with the Military Selective Service Act. The chief administrative officer shall provide for appropriate procedures to encourage compliance with the Military Selective Service Act, including but not limited to the following: (1) The chief administrative officer shall inform all persons seeking employment with the city that the failure to comply with the Military Selective Service Act, 50 App. USCA § 453, is a bar to employment with the federal government; and (2) The chief administrative officer shall require that all persons seeking employment with the city of New Orleans verify, in writing on a form to be provided by the chief administrative officer, that they complied with the requirements of the Military Selective Service Act, 50 App. USCA § 453. (3) The chief administrative officer is authorized to and shall coordinate such policies and procedures with the New Orleans City Civil Service Commission. (M.C.S., Ord. No. 19,218, § 1, 5-6-99)

New Orleans City Code § 1-21 Violations within the downtown development district; penalties; enforcement; continuing violations.

Sec. 1-21. - Violations within the downtown development district; penalties; enforcement; continuing violations. (a) This section shall apply to violations of those provisions of the Code of the City of New Orleans specified in subsection (b) herein that occur within the downtown development district ("DDD"), as defined in section 146-193 of the Code of the City of New Orleans. (b) This section shall apply to violations of any Code provisions subject to administrative adjudication and cited in section 6-34 of the Code of the City of New Orleans. (c) Anyone who fails to comply with any one or more of the provisions cited in section 6-34, or who does anything otherwise prohibited therein or fails to do anything required therein, shall be subject to one or more of the following penalties: (i) A fine of no more than $500.00 per violation; (ii) Imprisonment of not more than six months; (iii) Placement of a lien, pursuant to section 6-39, against the immovable property upon which the violation exists; (iv) Any other penalty provided for in the Code of the City of New Orleans that applies to said violation. Each day that a violation of one of the provisions cited in section 6-34 continues within the downtown development district shall constitute a separate offense. After 30 days from the initial notice of violation to the owner and/or violator, in addition to any other fines or penalties provided for herein, the downtown development district is hereby authorized to seek any and all legal remedies, including, without limitation, injunctive proceedings against the owner and/or violator. (d) The downtown development district and/or any interested party shall inform the department of safety and permits, the department of health, the department of sanitation, the New Orleans Police Department and/or any other appropriate department or agency of instances which warrant the issuance of citations for noncompliance with the code provisions cited in section 6-34. The DDD and/or any interested party shall also inform the central business district historic district landmarks commission ("CBDHDLC") of noncompliance within any historic district. Violations shall be brought by the appropriate department or agency to the administrative adjudication hearing officer for hearing and decision in accordance with the provisions of chapter 6 of the Code of the City of New Orleans. (i) The downtown development district may hire one or more full- or part-time hearing officers for the purpose of hearing health, sanitation, building, zoning, housing and environmental offenses for citations issued within the district. The salary of the hearing officer(s) shall be paid by the downtown development district. The hearing officer(s) shall be trained by the law department of the city, pursuant to a cooperative endeavor agreement with the city. The cooperative endeavor agreement shall additionally provide for the empowerment of the hearing officer(s) pursuant to the provisions of section 6-33 of the City Code. In the alternative, the mayor is hereby authorized to appoint one or more full- or part-time administrative hearing officers, pursuant to chapter 6 of the Code of the City of New Orleans, who shall be dedicated exclusively to matters within the downtown development district, and whose salary shall be paid by the downtown development district pursuant to a cooperative endeavor agreement with the city. The mayor is expressly authorized to enter into such cooperative endeavor agreement(s) for terms exceeding one year. (ii) In the event that a hearing officer is hired by the downtown development district, or by the city to handle downtown development district matters, all violations of the provisions of section 6-34 that occur within the downtown development district shall be heard and decided by the said hearing officer(s), in accordance with chapter 6 of the Code of the City of New Orleans. In the event that the hearing officer has a conflict of interest that prohibits him/her from hearing a matter within the downtown development district, the matter may be assigned to another administrative hearing officer for hearing and decision. (iii) The downtown development district is authorized to hire one or more full- or part-time inspectors to perform health, sanitation, building, zoning, housing and environmental inspections of properties located within the district. The salary of the inspector(s) shall be paid by downtown development district. Inspector(s) shall be trained by the appropriate city departments(s), and empowered to act by the appropriate authority, pursuant to a cooperative endeavor agreement with the city. In the alternative, the department of safety and permits is hereby authorized to hire and/or designate one or more full- or part-time inspectors who shall be dedicated exclusively to matters within the downtown development district, and whose salary shall be paid by the downtown development district pursuant to a cooperative endeavor agreement with the city. The mayor is expressly authorized to enter into such cooperative endeavor agreement(s) for terms exceeding one year. (M.C.S., Ord. No. 22662, § 1, 6-7-07)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH1GEPRFetched: 10/28/2026