OBJECTS MEMORIALIZING THE DEAD; CEMETERY ARTIFACTS

New Orleans City Code ch. 131, art. II, div. 1

in effect

New Orleans City Code § 131-36 Definitions.

Sec. 131-36. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique dealer means every owner of an antique shop, or agent of the antique shop and every person in the city engaged in the business of buying, selling, trading in or otherwise acquiring, disposing of or exhibiting antiques, including but not limited to antique property, such as antique jewelry and antique silverware, antique pictures and paintings, antique objects of art, cemetery artifacts, antique furniture, antique collectibles and other such antique property. For purposes of this chapter, the definition of antique dealer shall include but not be limited to auction houses, auction galleries, and/or auctioneers dealing in the sale or disposition of antiques. Cemetery artifact means any object produced or shaped by human workmanship or tools, including ornaments of archaeological, historical, cultural and/or sentimental significance or interest, which may be used to memorialize the dead and shall include but not be limited to all cemetery items, objects, properties, including, but not limited to any type of religious or sentimental addition and/or adornment, inside or outside of a tomb, gravesite, plot, mausoleum, vault and/or interment location, whether placed privately or by assignment, regardless of monetary worth, age, size, shape or condition, including, but not limited to, statues, bricks, signage, plaques, tablets, urns, pots, planters, benches, chairs, crosses or other religious symbols, vases, gates, fences, or any portions thereof. (M.C.S., Ord. No. 19,114, § 2, 2-18-99; M.C.S., Ord. No. 19,193, § 1, 4-8-99)

New Orleans City Code § 131-37 Retention of acquisitions.

Sec. 131-37. - Retention of acquisitions. It shall be unlawful for an antique dealer to sell, exchange, barter, or remove from their place of business any cemetery artifact that has been bought, exchanged, deposited on a consignment basis, or otherwise deposited with them by any transferor for a period of 30 days from the date of the antique dealer's acquisition. (M.C.S., Ord. No. 19,114, § 2, 2-18-99; Ord. No. 19,710, § 1, 6-15-00)

New Orleans City Code § 131-38 Records required.

Sec. 131-38. - Records required. Every antique dealer shall be required to maintain a record, setting forth each purchase or acquisition, whether on a consignment basis or otherwise, of any object which meets the definition of a cemetery artifact, when the value of any single piece of such merchandise or article received shall be $25.00 or more for each single transaction. The price at which a piece of such merchandise is offered for sale or at auction by an antique dealer shall be considered prima facie evidence of the value of the piece of such merchandise. Each cemetery artifact purchased, acquired on a consignment basis, or otherwise acquired shall be recorded at the time of each transaction and such record shall contain an accurate detailed description in the English language of the merchandise or article received as set forth in section 131-39 (b)(13) herein along with the amount paid therefor or, in the case of acquisition by consignment or otherwise, the value of the article, as estimated by the antique dealer. This record shall be kept for a minimum period of three years. Copies of the report set forth in section 131-39 hereinbelow will satisfy the records requirement. (M.C.S., Ord. No. 19,114, § 2, 2-18-99; Ord. No. 19,710, § 1, 6-15-00)

New Orleans City Code § 131-39 Reports required.

Sec. 131-39. - Reports required. (a) Every antique dealer shall be required to deliver an originally signed report to the superintendent of police, or his designee, on a form provided by the police department, within 24 hours of any transaction involving cemetery artifacts. This report shall be filled out in its entirety. One copy shall be given to the seller/transferor and another copy shall be retained by the antique dealer on the business premises for a period of at least three years and shall be made available to federal, state, and local law enforcement and regulatory agencies upon request. (b) These reports shall include, but not be limited to, the following items of information: (1) Consecutively numbered forms. (2) Date of transaction. (3) Time of transaction. (4) Name of antique dealer's clerk or agent handling the transaction. (5) Name of seller/transferor. (6) Race, sex, height, weight, hair color and eye color of seller/transferor. (7) Address and phone number of seller/transferor. (8) Seller's/transferor's birth date. (9) Seller's/transferor's social security number. (10) Name, address and telephone number of seller's/transferor's employer, if available. (11) Signature of seller/transferor. (12) Dollar amount of transaction or, in the case of acquisition on a consignment basis, value of article as estimated by the antique dealer. (13) A complete and accurate description of each item received by the antique dealer, including: a. The type of article, e.g, statue, brick, signage, plaque, urn, pot, bench, chair, cross, vase, gate, fence, or any portion thereof; b. Description of objects, including but not limited to approximate weights, approximate dimensions, and shape; c. Description of materials out of which the object is constructed, e.g., marble, granite, cement, wrought iron, cast iron, bronze, copper, wire, etc; d. Description of engravings, markings and other identifying characteristics; e. Any other prominent descriptive and/or distinguishing marks, if any. (14) A declaration signed by the antique dealer that the seller/transferor has produced valid photographic identification issued by either this state, another state, or by the United States military which bears a likeness of the seller/transferor. The report shall include the seller's/transferor's identification card number and issuing entity. (15) A declaration of ownership by the seller/transferor stating that the seller/transferor is in lawful possession of the items being offered to the antique dealer. (M.C.S., Ord. No. 19,114, § 2, 2-18-99; Ord. No. 19,710, § 1, 6-15-00)

New Orleans City Code § 131-40 Records and reports open to inspection.

Sec. 131-40. - Records and reports open to inspection. The records and reports maintained pursuant to this chapter shall at all times be open to inspection by state and local law enforcement agencies. (M.C.S., Ord. No. 19,114, § 2, 2-18-99)

New Orleans City Code § 131-41 Prohibited practices.

Sec. 131-41. - Prohibited practices. An antique dealer shall not: (1) Accept cemetery artifacts from any natural person under the age of 18. (2) Knowingly accept an object that they know or should have known has been stolen, and the original use of which was a cemetery artifact. (3) Falsify, obliterate, remove from the records, or fail to include in the report required in this chapter any accounts relating to the antique dealer's transactions involving objects which the antique dealer knew or should have known were cemetery artifacts as defined in this chapter . (M.C.S., Ord. No. 19,114, § 2, 2-18-99)

New Orleans City Code § 131-42 Penalties.

Sec. 131-42. - Penalties. The penalty for any violation of this chapter shall be a fine not to exceed $500.00 or not more than six months imprisonment or both. (M.C.S., Ord. No. 19,114, § 2, 2-18-99)

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_CH131ANDE_ARTIIANDE_DIV1OBMEDECEARFetched: 10/28/2026