OFFENSES GENERALLY

New Orleans City Code ch. 54, art. VII

in effect

New Orleans City Code § 54-481 Unauthorized use of a charitable name.

Sec. 54-481. - Unauthorized use of a charitable name. (a) It shall be unlawful for any person to commit the crime of unauthorized use of a charitable name. (b) Unauthorized use of a charitable name is the knowing use of any nonprofit, charitable organization's name for the solicitation of funds, materials and/or sales products without the express, written consent from the so named nonprofit charitable organization. This section shall not be applicable to a nonprofit, charitable organization's use of its own name. (Code 1956, § 42-99)

New Orleans City Code § 54-482 Sound trucks prohibited.

Sec. 54-482. - Sound trucks prohibited. It shall be unlawful for any person within the city to operate any vehicle within the city limits when attached to such vehicle is any device, other than the horn specified in section 154-1300(6), which is being used to amplify sound. This prohibition shall not apply to law enforcement and other emergency vehicles. (Code 1956, § 42-100)

New Orleans City Code § 54-483 Eviction without due process.

Sec. 54-483. - Eviction without due process. (a) It shall be unlawful for an owner of immovable property, his agent or authorized representative who has a legal right, to evict a lessee or occupant for nonpayment of rent or other cause, unless the owner, agent or authorized representative, shall first cause written notice to vacate the premises to be delivered to the lessee or occupant. Such notice shall allow the lessee or occupant not less than five days from the date of delivery to vacate the premises. If the whereabouts of the lessee or occupant are unknown, the notice shall be delivered or served by securely attaching same to the door of the premises of the place to be vacated. (b) Any person who shall violate the provisions of this section shall upon conviction thereof be punished by a fine of not less than $50.00 nor more than $100.00 or by imprisonment of not less than 15 days, nor more than 90 days or both. (Code 1956, §§ 42-103, 42-104)

New Orleans City Code § 54-484 Scalping tickets.

Sec. 54-484. - Scalping tickets. It shall be unlawful for any person to sell any admission ticket to any athletic contest, dance, theater, circus or other amusement for a price in excess of the price printed on the face of the ticket. (Code 1956, § 42-105)

New Orleans City Code § 54-485 Unlawful for person of opposite sex to perform massage.

Sec. 54-485. - Unlawful for person of opposite sex to perform massage. It shall be unlawful for any person employed by a massage establishment, licensed under section 30-931 et seq., to perform a massage on a person of the opposite sex. (Code 1956, § 42-106)

New Orleans City Code § 54-486 Unlawful to allow employee to perform massage on person of opposite sex.

Sec. 54-486. - Unlawful to allow employee to perform massage on person of opposite sex. It shall be unlawful for any proprietor, agent or person lawfully in charge of a massage establishment, licensed under section 30-931 et seq., to knowingly allow any employee thereof to perform a massage on a person of the opposite sex. (Code 1956, § 42-107)

New Orleans City Code § 54-487 Misrepresentation of name, age or residence—Generally.

Sec. 54-487. - Misrepresentation of name, age or residence—Generally. (a) [False identification.] No person shall misrepresent his or her name, age or residence by use of any identification card, birth certificate, or similar identification containing any false, erroneous or incorrect information or misrepresent his or her name, age or residence by use of the identification of another person. The use, presentation or possession of an identification card, birth certificate, or similar identification or the identification of another to misrepresent a person's name, age or residence, shall constitute prima facie evidence of a violation of this section. (b) Penalties. A violation of this section is a misdemeanor punishable by municipal court, as follows: (1) For a first conviction, the person shall be punished by a fine of not less than $250.00 or more than $500.00. If a minor is personally unable to pay the fine required under this section, the custodian of the minor shall be liable for such payment. The judge may substitute community service hours at the rate of seven hours for each $50.00 (35 community service hours for the $250.00 minimum fine) imposed. The custodian of a minor who is penalized under this section shall accompany the minor to at least one-half of community service hours ordered by the court. The community service hours shall include cleaning and picking up litter in public parks, recreational facilities, cemeteries or public rights-of-way. (2) For a second conviction, the person shall be punished by a fine of not less than $500.00 and imprisonment of up to five months. The judge may substitute 70 community service hours in lieu of the fine and additional community service hours at the rate of seven hours for each day of imprisonment substituted. (3) For a third or more convictions, the person shall be punished by a fine of not less than $500.00 and imprisonment of not less than 30 days and up to five months for each conviction. The judge may substitute 70 community service hours in lieu of the fine and additional community service hours at the rate of seven hours for each day of imprisonment substituted. (Code 1956, § 42-108; M.C.S., Ord. No. 19623, § 1, 4-19-00)

New Orleans City Code § 54-488 Same—Enforcement.

Sec. 54-488. - Same—Enforcement. The superintendent of police is hereby authorized to grant enforcement and citation powers in accordance with section 4-502(2) of the Charter to the social workers of the parish school board assigned to the various truancy centers in the city for the purpose of obtaining compliance with the compulsory school attendance provisions. Such powers which may be granted by the superintendent of police shall be in addition to the normal enforcement and citation powers of the police department. (Code 1956, § 42-111.1)

New Orleans City Code § 54-489 Merchandising of certain items—Vieux Carré.

Sec. 54-489. - Merchandising of certain items—Vieux Carré. (a) It shall be unlawful for any person to hang or otherwise attach any poster, printed material, work of art, T-shirt or parts of T-shirts or any other articles of clothing, or parts of articles or any facsimiles of T-shirts or articles of clothing or any representation or message which may be imprinted on an aforementioned article or facsimile of clothing or any other merchandise on the facade of any building in the Vieux Carré, which is that area of the city bounded by Esplanade Avenue, North Rampart Street, Canal Street and the Mississippi River. Facade shall include but not be limited to any door, window or shutter whether permanently attached to the building or not, even when such door, window, or shutter opens to the interior of the building. (b) In no instance shall any person place any such articles or signs so that they lean against the facade of the building, or occupy the space defined by the outermost frame of any open door or window for a depth of 36 inches into the establishment. (c) Pursuant to the enforcement of the restrictions herein listed, the police department is hereby authorized to grant enforcement and citation powers to the inspectors of the Vieux Carré Commission for the purposes of obtaining compliance with this section only. Such powers of the Vieux Carré Commission inspectors shall be in addition to the normal enforcement and citation powers of the police department. (d) Upon discovery of any violation of this section, the proper enforcing officer shall immediately issue a citation to the operator of the building to which the offending poster, printed material, work of art, T-shirt or parts of T-shirt or any other articles of clothing or parts of articles or any facsimiles of T-shirts or articles of clothing or any representation or message which may be imprinted on an aforementioned article or facsimile of clothing or any other merchandise is attached and/or is leaning against the facade of such building, or occupying the space defined by the outermost frame of any open door or window for a depth of 36 inches into the establishment. For the purpose of this section, the operator of the building shall be deemed to be any person on the premises who has the responsibility for conducting the business which pertains to the poster, printed material, work of art, T-shirt, article of clothing or part thereof, facsimile or representation or message, or any other merchandise. (e) The penalty for each violation of this section shall be $100.00, 90 days in jail or both. Each poster, piece of printed material or other merchandise, work of art, T-shirt, article of clothing or part thereof, facsimile or representation or message shall constitute a separate violation. (Code 1956, § 42-110)

New Orleans City Code § 54-490 Same—Central business district.

Sec. 54-490. - Same—Central business district. (a) It shall be unlawful for any person to hang or otherwise attach any T-shirt, or parts of T-shirts or any other articles of clothing, or parts of articles or any facsimiles of T-shirts or articles of clothing or any representation or message which may be imprinted on an aforementioned article or facsimile, of clothing, on the facade of any building in the area known as the central business district which is bounded by Iberville Street, North Claiborne Avenue, the Pontchartrain Expressway and the Mississippi River. Facade shall include but not be limited to any door, window or shutter whether permanently attached to the building or not, even when such door, window or shutter opens to the interior of the building. (b) Pursuant to the enforcement of the restrictions herein listed, the department of safety and permits is hereby granted enforcement and citation powers for the purpose of obtaining compliance with this section. (c) Upon discovery of any violation of this section, the proper enforcing officer shall immediately issue a citation to the operator of the building to which the offending T-shirt or article of clothing is attached. For the purposes of this section, the operator of the building shall be deemed to be any person on the premises who has the responsibility for conducting the business which pertains to the T-shirt or article of clothing. (d) The penalty for each violation of this section shall be $100.00, 90 days in jail or both. Each T-shirt, article of clothing or part thereof, facsimile, or representation or message shall constitute a separate violation. (Code 1956, § 42-110.1)

New Orleans City Code § 54-491 Misrepresentation of zoning status.

Sec. 54-491. - Misrepresentation of zoning status. (a) It shall be unlawful for any person to commit the crime of misrepresentation of zoning status. (b) Misrepresentation of zoning status is the intentional conveyance or impartation by the owner, agent, or assign of real property to a prospective purchaser of the property of any false statement or information, knowing the same to be false, relative to the zoning land use, or other status of real property to the effect that the property may lawfully be used for a purpose for which the property may not lawfully be used if the prospective purchaser subsequently purchases the property in reliance on the false statements or information conveyed. (Code 1956, § 42-112)

New Orleans City Code § 54-491.1 Prohibited offers to rent property.

Sec. 54-491.1. - Prohibited offers to rent property. (a) Definitions. For the purposes of this section, the following terms shall have the following meanings: (1) Approved list means a current list, by address, of licensed or otherwise approved premises in the city that may lawfully be rented for a period of less than 30 days or, in the case of premises located in the Vieux Carré District, 60 days, maintained and updated regularly by the city, posted on the internet site of the city. The approved list shall be updated at least twice per year by the city. (2) Offer to rent means to personally or through an agent, referral service, representative or other person, communicate or advertise, verbally, in writing, or through electronic means, the availability for rental of any premises or portion thereof for living accommodations, or to knowingly allow, commission, authorize, or permit such communication or advertisement. (3) Monetary compensation means payment by cash, check, money order or credit card. Monetary compensation shall also include an offer to rent in connection with the purchase of a movable, including, but not limited to, things such as admission tickets to an event or a bag of carnival beads. (4) Living accommodations means premises or portions thereof with a bed or beds and bathroom facilities for the use of the person or persons occupying the premises or portion thereof. (5) Person means any individual, partnership, corporation, joint limited liability company, trust or other entity: stock association, and includes any trustee, receiver, assignee or personal representative thereof, including but not limited to any booking or reservation service, lawful lessees, and premises owners. (6) Lawful lessee means a person with a lease for premises containing living accommodations that is in accordance with the zoning laws of the city. (7) Premises owner means a person having lawful ownership title to the premises. (8) Premises means the immovable property owned or leased by the premises owner or lawful lessee, as applicable, of which the living accommodations are a part. (9) Vieux Carré District shall mean the area bounded by Esplanade Avenue, Iberville Street, the Mississippi River, and Rampart Street. Those premises which are located in the Vieux Carré District and which can be lawfully offered for rent for a period of less than 60 days shall appear on the approved list under the heading "Vieux Carré District". (10) Rent means the renting of leasing of a thing as provided in article 2669 et. seq. of Louisiana Civil Code. (b) It shall be unlawful for any person to knowingly offer to rent for monetary compensation for a period of less than 30 days or, in the case of premises located in the Vieux Carré District, 60 days, any living accommodations in the city if the premises offered for rent are not lawfully licensed or permitted for such use. It shall be the duty of any person offering to rent premises in the city for a period of less than 30 days or, in the case of premises located in the Vieux Carré District, 60 days, personally or through another person, to ascertain through the approved list or otherwise, whether or not the property offered for rental is lawfully licensed or permitted for such use. (c) (1) An owner, publisher or employee of a newspaper, magazine, or periodical holding a periodicals permit issued by the United States Postal Service shall not be subject to prosecution under the provisions of this section for the publication of an advertisement containing an offer to rent prohibited by this section. (2) A person who rents property from a premises owner or lawful lessee who is in violation of this section shall not be deemed to be a principal or accessory to the offense provided herein. (d) In any prosecution pursuant to the provisions of this section, a copy of any offer to rent appearing in any periodical or electronic media shall create a rebuttable presumption that the person had knowledge of the offer to rent. (e) It shall be the duty of the chief administrative officer to assign responsibility for the enforcement of this section to one or more departments or other agencies of city government. (f) Any person who violates the provisions of this section shall receive a written warning regarding such violation. For a second offense, such person shall be fined not less than $500.00. On a third or subsequent conviction of a violation of this section, the offender shall be fined not less than $500.00 and sentenced to not less than 30 days in jail. Notwithstanding anything contained herein, any person offering to rent premises which appear on the approved list published at the time of such offer shall not be subject to prosecution hereunder. (g) In addition to the criminal penalties contained herein, it shall be the duty of the city attorney to seek injunctive relief in the civil district court to prevent repeated violations of this section. (h) Nothing contained in this section shall be construed to repeal, amend, or modify any zoning, licensing or other ordinance of the city. (i) No later than August 1, 2004, the city shall publish the approved list. It shall also be the duty of the chief administrative officer of the city to order the preparation of a semiannual report to the city council stating: (1) The names of any person or persons who have been found in violation of this section; (2) The number of complaints made under this section; (3) The administrative action taken by the city; (4) The number of complaints referred to the city attorney's office for prosecution; and (5) The outcome or disposition of said referrals. Said report shall be posted on the internet site of the city. (M.C.S., Ord. No. 21606, § 1, 7-1-04)

New Orleans City Code § 54-492 Sale of food, beverages in certain areas.

Sec. 54-492. - Sale of food, beverages in certain areas. (a) In the area bounded by the downriver side of Canal Street, the lake side of North Rampart Street, the downriver side of Esplanade Avenue, and the Mississippi River, it shall be unlawful for any person to: (1) Sell any food or beverage from any window, door or other aperture which opens onto a public street or other public way; (2) Sell any food or beverage from a temporary or movable bar, counter or other structure located within six feet of a window, door or other aperture which opens onto a public street or other public way; (3) Transfer possession of any food or beverage which is the subject of a sale when either the seller or purchaser is not located on the premises of an establishment licensed to sell the food or beverage; or (4) Sell any food or beverage from a temporary or movable bar, counter or other structure located in an open space, alley or patio on the premises of an establishment licensed to sell the food or beverage. (b) Each such sale or transfer shall be a violation of the provisions of this section and shall constitute a separate offense and, upon conviction thereof, shall be punishable by a fine of not more than $100.00 or by imprisonment for not more than ten days, or both, at the discretion of the court. (Code 1956, § 42-109)

New Orleans City Code § 54-493 Sale of items of speculative value.

Sec. 54-493. - Sale of items of speculative value. (a) It shall be unlawful for any person to commit the offense of sale of items of speculative value. (b) Sale of items of speculative value is the sale or offering for sale of any item, box, bag, or object wherein it is represented that the item, box, bag or object may or may not contain some thing of value if the nature, description, or value of the thing concealed in the item, box, bag, or other subject is not disclosed prior to the sale or offering for sale. (Code 1956, § 42-113)

New Orleans City Code § 54-494 Automobile windshield-window washing prohibited on public streets.

Sec. 54-494. - Automobile windshield-window washing prohibited on public streets. (a) It shall be unlawful for any person to stand in a public street or roadway for the purpose of providing the service of automobile windshield or window washing or cleaning. It shall be unlawful for any person to use the public streets, sidewalks, roadways, or neutral grounds for the purpose of beckoning or attempting to stop drivers in traffic, by attracting notice and attention, for the express purpose of providing automobile windshield-window washing or cleaning services in the public streets or roadways. (b) A police officer who finds any person under 18 years of age violating the provisions of this section shall order such person to cease and desist. (c) Any person under 18 years of age who violates this section may be taken into custody and, subsequent to recording information necessary to carry out the purposes of this subsection, shall be promptly released to his parent or guardian. The released person, under 18 years of age, shall be referred to the juvenile court. (d) No parent or guardian shall knowingly permit any minor under the age of 18 years to violate the provisions of this section. Any parent or guardian who shall violate this subsection after having received written notice of their child or ward having committed a violation of this section, occurring within the preceding 12 months, may receive a written citation and is subject to a fine of $50.00 for each offense. (e) A police officer who finds any person 18 years of age or older violating provisions of this section shall order the person to cease and desist. Persons failing to comply with this order may be issued a citation containing their signed promise to pay the fine provided or to appear in court for trial. (f) The officer is not required to take the person into physical custody for the violation unless the person charged does not furnish satisfactory evidence of identity or the officer has reasonable grounds to believe the person charged will disregard a written promise to appear. (g) A person receiving a citation under this section shall pay the fine provided for in the citation to the municipal court, or stand trial for the violation. (h) Any person 18 years of age or older violating the provisions of this section after being ordered to cease and desist is guilty of a misdemeanor and, upon conviction, shall be fined $50.00. (i) This section does not prohibit the solicitation by any person for lawful employment or business from occupant of any vehicle which is properly and lawfully parked or properly and lawfully standing out of the free flow of traffic. (Code 1956, § 42-117)

New Orleans City Code § 54-495 Unlawful disposal of medical waste; hypodermic needles.

Sec. 54-495. - Unlawful disposal of medical waste; hypodermic needles. It shall be unlawful for any person to place, deposit, dump, discard, throw or otherwise dispose of any medical waste or hypodermic needles or syringes into or upon any public waterway, lake, bayou or drainage canal or body of water in the city unless such disposal is authorized, at the particular disposal site and in the particular manner in which it is done, by the department of sanitation or by an agency of the state or federal government having the power to authorize such disposal. For the purposes of this section, medical waste or those wastes resulting from the operation of medical clinics, hospitals, abattoirs and other facilities producing waste may consist of but are not limited to human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. (Code 1956, § 42-118)

New Orleans City Code § 54-496 Chemical GBL prohibited for human consumption.

Sec. 54-496. - Chemical GBL prohibited for human consumption. (a) It shall be unlawful for any person to knowingly or intentionally, sell, manufacture, distribute, dispense or possess gamma butyrolactone, commonly known as GBL and also known by the chemical names 2(3H)-furanone; dihydro; butyrolactone; gamma-butyrolactone; 4-butyrolactone; dihydro-2(3H)-furanone; 4-butanolide; 2(3H)-furanone, dihydro; tetrahydro-2-furanone; and butyrolactone gamma, for human consumption. The prohibition contained in this section is inclusive of any material compound, mixture or preparation which contains the aforementioned chemical and is possessed, presented, promoted, produced, manufactured, sold, distributed, or dispensed for human consumption. (b) Any person who shall violate the provision of this section shall, upon conviction thereof for the first offense, be punished by a fine of not less than $500.00 and may be imprisoned for up to 150 days; for the second conviction, the offender shall be fined not less than $500.00 and imprisoned for not less than 30 days; on a third or subsequent conviction, the offender shall be fined not less than $500.00 and imprisoned for not less than 60 days. The judge may waive any imprisonment time for community service hours at the ratio of seven community service hours for one day of imprisonment. The community service may include counseling, cleaning and/or cutting the grass/weeds at city cemeteries, parks, playgrounds and/or streets rights-of-way. (M.C.S., Ord. No. 19,402, § 1, 10-7-99)

New Orleans City Code § 54-497 Sale or possession of nitrous oxide prohibited; exceptions.

Sec. 54-497. - Sale or possession of nitrous oxide prohibited; exceptions. (a) As used in this section, nitrous oxide or laughing gas shall mean the chemical compound bearing the symbol N 2 O in cylinders or containers. Food products containing nitrous oxide as an aerosol shall not be considered nitrous oxide or laughing gas for the purposes of this section. (b) Except as provided in subsection (c) of this section, it shall be unlawful for any person to have in his possession or to sell, offer for sale, or deliver or give nitrous oxide or laughing gas to any person within the city. (c) The provisions of this section shall not make unlawful: (1) The sale or delivery of nitrous oxide (laughing gas) to or by the following persons or their agents or employees, or (2) The possession of nitrous oxide (laughing gas) by the following persons or their agents or employees: a. Licensed pharmacists; b. Licensed physicians or licensed dentists for medical or dental uses; c. Hospitals for lawful administration by licensed physicians; d. Accredited schools and colleges for use in chemistry courses or similar educational courses; e. Individuals using nitrous oxide (laughing gas) as a propellant for restaurant, food service and houseware products, such as cream whippers; f. Manufacturers, wholesalers, retail dealers, warehouse operators, or other persons in the business of distributing nitrous oxide (laughing gas) to or storing nitrous oxide (laughing gas) for the persons enumerated in this subsection. (d) A violation of this section shall be punished by a fine of not less than $100.00. Additional penalties may be imposed in accordance with section 54-25. (Code 1956, § 42-151)

New Orleans City Code § 54-498 Nitrous oxide; amyl nitrite and butyl nitrite.

Sec. 54-498. - Nitrous oxide; amyl nitrite and butyl nitrite. (a) It shall be unlawful for any person to inhale, ingest, use, possess or transfer any compound or mixture, liquid, or chemical which contains nitrous oxide, amyl nitrite, or butyl nitrite. These provisions do not apply to the possession and use of amyl nitrite or butyl nitrite prescribed by a licensed medical practitioner as a part of the care or treatment of a disease, condition, or injury or to the use as part of a manufacturing process or industrial operation nor to the use or possession of nitrous oxide by a person or for a purpose which is lawful under section 54-497. (b) It shall be unlawful for any person to possess, buy, sell or otherwise transfer any substance specified in subsection (a) of this section for the purpose of inducing or aiding any other person to inhale or ingest such substances or otherwise violate the provisions of subsection (a) of this section. (c) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Amyl nitrite includes isoamyl nitrite. Common names include, but are not limited to, ammies, poppers, sniffers, snappers, amps and nitrite amps. Butyl nitrite includes N-butyl nitrite, nitrous acid, N-butyl ester, isobutyl nitrite, secondary butyl nitrites, tertiary butyl nitrite or any mixture containing the aforementioned chemicals. Common names include, but are not limited to, rush and locker room. Nitrous oxide includes dinitrogen monoxide, hypponitrous acide anhydride or any mixture containing the aforementioned chemicals. Common names include, but are not limited to, laughing gas, and factitious air. (Code 1956, § 42-152)

New Orleans City Code § 54-498.1 Compounds containing angel's trumpet.

Sec. 54-498.1. - Compounds containing angel's trumpet. (a) It shall be unlawful for any person to knowingly or intentionally combine, produce, manufacture, or distribute any compound containing the plant material known as angel's trumpet (also known as brugmansia arborea) for human consumption or with the intent to sell, distribute, or dispense same for human consumption. (b) The provisions of this section shall not apply to a licensed pharmaceutical company, medical doctor, pharmacist, or other person licensed to manufacture or distribute drugs from manufacturing or distributing a drug approved for use or testing by the U.S. Food and Drug Administration. (M.C.S., Ord. No. 21622, § 1, 8-5-04)

New Orleans City Code § 54-499 Sale of tobacco products to minors.

Sec. 54-499. - Sale of tobacco products to minors. If it shall be unlawful to sell, permit to be sold, give or deliver tobacco products to any person under the age of 18 years. For the purpose of this section, the submission of a valid driver's license which includes thereon a picture of the holder, a selective service card, or a special identification card issued by the state department of public safety, which license or identification, on its face, establishes the age of the person submitting the identification as 18 years or older, shall be required as proof of age. (Code 1956, § 42-153)

New Orleans City Code § 54-500 Cigarette vending machines.

Sec. 54-500. - Cigarette vending machines. (a) The owner of any vending machine dispensing tobacco products shall prominently display or affix a sticker or label on each such vending machine stating the following: The sale or distribution of tobacco products to persons under the age of eighteen (18) years is prohibited by ordinance. (b) The sticker or label shall be of a size of not less than six inches by six inches. It shall be unlawful for an owner of a vending machine dispensing tobacco products to fail to affix the sticker or label required by this section. (Code 1956, § 42-154)

New Orleans City Code § 54-501 Declaration of emergency; violation of emergency orders; price gouging.

Sec. 54-501. - Declaration of emergency; violation of emergency orders; price gouging. Whoever violates any provision of an emergency order issued by a competent official under authority of a declaration of emergency made pursuant to state law, or whoever during such a declared state of emergency sells anything at a price that violates R.S. 29:732, shall be guilty of a misdemeanor. (Code 1956, § 42-500)

New Orleans City Code § 54-502 Repairs or service of vehicles in certain parking lots prohibited.

Sec. 54-502. - Repairs or service of vehicles in certain parking lots prohibited. (a) It shall be unlawful for any person in possession of a use and occupancy permit to allow an automobile/vehicular parts sale/non-service retail business or an agent or employee of such person to provide or allow vehicle repair or service in the parking or driveway area of the premises of the business. The word "service" as used herein shall include, but not be limited to, adding oil or other fluids to a vehicle. (b) The provisions of this section shall neither apply to emergency repairs or service to enable a vehicle to be driven (i.e. changing a flat tire or jump starting a battery) nor to emergency repairs or service performed by a licensed towing service. (Ord. No. 21,222, § 1, 8-7-03)

New Orleans City Code § 54-503 Speed contests and vehicular stunt activities.

Sec. 54-503. - Speed contests and vehicular stunt activities. (a) No person shall engage in any motor vehicle speed contests on an alley, highway, roadway or street and no person shall aid or abet in any motor vehicle speed contest on any alley, highway, roadway or street. (b) No person shall engage in any motor vehicle exhibition of speed on an alley, highway, roadway or street, and no person shall aid or abet in any motor vehicle exhibition of speed on any alley, highway, roadway or street. (c) No person shall engage in any stunt activity while operating a motor vehicle on an alley, highway, roadway or street, nor aid or abet any stunt activity on any alley, highway, roadway or street. For purposes of this section, "stunt activity" shall mean any of the following: (1) Burning out the tires of a motor vehicle or engaging in any similar activity in which a vehicle is kept stationary and while its wheels spin, causing the tires to smoke. (2) Performing "donuts" or any similar activity in which a vehicle is driven in tight circles while continuing to accelerate. (3) Operating a motor vehicle in a reckless or careless manner, or violating any traffic regulation for purposes of attracting bystanders or onlookers, or for the entertainment or gratification of bystanders. (d) No person shall, for the purpose of facilitating or aiding or as an incident to any stunt activity or any motor vehicle speed contest or exhibition upon an alley, highway, roadway or street, in any manner obstruct or place any barricade or obstruction, including motor vehicles blocking streets, roadways, or rights-of-way, or assist or participate in placing any barricade or obstruction upon any alley, highway, roadway or street. (e) No person shall organize or help facilitate the gathering of individuals for the purpose of participation or spectatorship of a speed racing contest or vehicle stunt activity through social media or any other medium. (f) Upon a first conviction, or plea of guilty or nolo contendere, the offender shall be fined not more than $500.00 and shall be [imprison]ed for 30 days; for the second or subsequent conviction, or plea of guilty or nolo contendere, the offender shall be fined not less than $500.00 and imprisoned for not less than 90 days. (g) Any motor vehicle used in speed racing or vehicular stunt activity as defined in this section may be impounded by law enforcement to the extent authorized by applicable law. An impounded vehicle may be held in impound for not less than 15 days or until final adjudication of the case, with the costs of impound assessed against the violator. (M.C.S., Ord. No. 22028, § 1, 8-4-05; M.C.S., Ord. No. 29062, § 1, 6-23-22)

New Orleans City Code § 54-504 Spectators prohibited at illegal speed contests or exhibitions of speed.

Sec. 54-504. - Spectators prohibited at illegal speed contests or exhibitions of speed. (a) Preamble. (1) The city council finds and declares that: a. Pursuant to City Code section 54-503, motor vehicle speed contests and exhibitions of speed conducted on alleys, highways, roadways and streets are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races and the incidence of such illegal races has been escalating over the past few years. b. Street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, damages private property, creates a public nuisance and interferes with the right of private business owners to enjoy the use of their property within the city. c. Illegal street races occur on a regular basis on various streets within the city. Large numbers of racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process. d. Illegal street races may attract large numbers of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment activities can flourish. (2) This section is adopted to prohibit spectators at illegal street races with the aim of significantly curbing criminal activity. It targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. (b) Definitions. (1) Illegal motor vehicle speed contest or illegal exhibition of speed means any speed contest or exhibition of speed referred to in section 54-503 and shall include vehicular stunt shows. For the purposes of this section, motor vehicles shall be defined pursuant to section 154-2 but shall also include all-terrain vehicles (ATVs), dirt bikes, and minibikes. (2) Preparations for an illegal motor vehicle speed contest or exhibition of speed include, but are not limited to, situations in which: a. A group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; b. A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event; c. A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; d. One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; e. Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; f. One or more drivers is revving his engine or spinning his tires in preparation for the event; or g. An individual is stationed at or near one or more motor vehicles serving as a race starter. (3) Spectator means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means. (4) Vehicular stunt shows means any gathering of one or more vehicles performing any stunt activity referred to in City Code section 54-503. (c) [Spectator at events.] Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor. Upon a first conviction, or plea of guilty or nolo contendere, the offender shall be fined not more than $500.00 and may be imprisoned for up to 150 days, at the discretion of the court; for the second or subsequent conviction, or plea of guilty or nolo contendere, the offender shall be fined not less than $500.00 and imprisoned for not less than 90 days. (d) [Spectator at preparations.] Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor. Upon a first conviction, or plea of guilty or nolo contendere, the offender shall be fined not more than $500.00 and may be imprisoned for up to 150 days, at the discretion of the court; for the second or subsequent conviction, or plea of guilty or nolo contendere, the offender shall be fined not less than $500.00 and imprisoned for not less than 90 days. (e) [Distance limitations.] An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. (f) Exemption. Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties. (M.C.S., Ord. No. 22028, § 1, 8-4-05; M.C.S., Ord. No. 29062, § 1, 6-23-22)

New Orleans City Code § 54-505 Simple possession of marijuana and/or synthetic cannabinoids.

Sec. 54-505. - Simple possession of marijuana and/or synthetic cannabinoids. (a) It shall be unlawful for any person knowingly or intentionally to possess, tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids, as defined in La. R.S. 40:964, Schedule I, in an amount that would constitute a misdemeanor under state law, unless such substance was obtained directly or pursuant to a valid recommendation or order from a practitioner, or as provided in La. R.S. 40:1046.1, while acting in the course of his professional practice, or as otherwise authorized by law. (b) Upon a first conviction of a violation of subsection (a) of this section with regard to marijuana, tetrahydrocannabinol, or chemical derivatives thereof, except as provided in La. R.S. 40:966(F), upon conviction the offender shall be fined not more than $40.00. (1) A conviction for a violation of subsection (a) with regard to marijuana, tetrahydrocannabinol, or chemical derivatives thereof, except as provided in La. R.S. 40:966(F), which occurred more than two years prior to a violation of this section shall not be considered a predicate conviction for purposes of determining a "first" conviction under this section. (c) Upon a second conviction of a violation of subsection (a) of this section with regard to marijuana, tetrahydrocannabinol, or chemical derivatives thereof, except as provided in La. R.S. 40:966(F), upon conviction the offender shall be fined not more than $60.00 for each violation. (d) Upon a third conviction of a violation of subsection (a) of this section with regard to marijuana, tetrahydrocannabinol, or chemical derivatives thereof, except as provided in La. R.S. 40:966(F), upon conviction the offender shall be fined not more the $80.00. (e) Upon a fourth of subsequent conviction of a violation of subsection (a) of this section with regard to marijuana, tetrahydrocannabinol, or chemical derivatives thereof, except as provided in La. R.S. 40:966(F), upon conviction the offender shall be fined not more than $100.00 for each violation. (f) Upon conviction for a violation of subsection (a) with regard to synthetic cannabinoids, the offender shall be punished, except as provided for in La. R.S. 40:966(F), as follows: (1) Upon a first conviction, the offender shall be fined not more than $500.00, confined in the parish jail for not more than six months, or both. (2) Upon a second conviction the offender shall be fined not more than $750.00, confined in the parish jail for not more than six months, or both. (3) Upon a third or subsequent conviction, the offender shall be fined not more than $1000.00, confined in the parish jail for not more than six months, or both. (g) This section shall be enforced by use of summons in lieu of custodial arrest, in accordance with section 54-28. Without limiting the mandatory duty imposed by the preceding sentence, an officer shall have the discretion not to issue a summons for violations of this section if he or she reasonably believes that the issuance thereof would not result in a conviction. (h) If a defendant upon whom a fine has been imposed under this section alleges indigency, or otherwise fails to pay the imposed fine, the court must first determine whether the defendant has willfully refused to pay or make bona fide efforts to legally acquire resources to pay; if the defendant has not willfully refused to pay and has made bona fide efforts to attempt to pay the fine, the court shall use its discretion to fashion alternative penalties other than imprisonment, including installment payments or community service. Imprisonment, and/or any other alternative penalties that impose restrictive treatment on defendants greater than they otherwise would have received under this section if not for their inability to pay, are prohibited. (i) In the event that any one or more provisions of this section shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this section. Rather, this section shall be construed and enforced as if such invalid, illegal or unenforceable provision had never been contained therein. (M.C.S., Ord. No. 24246, § 1, 12-16-10; M.C.S., Ord. No. 26816, § 1, 3-17-16; M.C.S., Ord. No. 28745, § 1, 8-5-21, eff. 9-15-21)

New Orleans City Code § 54-506 Prospective pardon for simple possession of marijuana.

Sec. 54-506. - Prospective pardon for simple possession of marijuana. (a) It is the policy of the Council of the City of New Orleans that the arrest, prosecution, and punishment of individuals solely charged with simple possession of marijuana presents greater harm to the health, safety, and welfare of the city than the act of possession itself. (b) Any violation of section 54-505 occurring on or after September 1, 2021 shall be deemed pardoned immediately upon and by operation of law the issuance of a summons. (c) Any summons issued solely for a crime pardoned under subsection (b) shall be deemed revoked and automatically void without need for any court appearance by the accused. Upon the issuance of a summons for a crime pardoned under subsection (b), no additional police action shall be required relative to the marijuana charge pardoned hereunder. (d) A pardon under subsection (b) shall not preclude a police officer from taking all customary incidental investigatory actions that would otherwise be available to an officer with a reasonable suspicion or probable cause to believe that a crime of marijuana possession has occurred or from charging an individual with any other crime for which probable cause exists. (M.C.S., Ord. No. 28743, § 1, 8-5-21, eff. 9-15-21)

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_CH54CRCO_ARTVIIOFGEFetched: 10/28/2026