OFFENSES AGAINST GENERAL PEACE AND ORDER

New Orleans City Code ch. 54, art. VI, div. 4

in effect

New Orleans City Code § 54-401 Obstructing public passages.

Sec. 54-401. - Obstructing public passages. (a) No person shall wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, watercraft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein. (b) Whoever violates the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 or imprisoned for not more than six months, or both fined and imprisoned. (c) This section shall not be applicable to the erection or construction of any barricades or other forms of obstructions as a safety measure in connection with construction, excavation, maintenance, repair, replacement or other work, in or adjacent to any public sidewalk, street, highway, bridge, alley, road, or other passageway, nor to the placing of barricades or other forms of obstruction by governmental authorities, or any officer or agent thereof, in the proper performance of duties. (Code 1956, § 42-75)

New Orleans City Code § 54-402 Trash fires.

Sec. 54-402. - Trash fires. It shall be unlawful for any person to start or set any trash fire or to burn paper, grass, trash or debris where such fire is not protected by a proper furnace or incinerator within the city limits. (Code 1956, § 42-94)

New Orleans City Code § 54-403 Disturbing the peace.

Sec. 54-403. - Disturbing the peace. (a) Whoever commits the act of disturbing the peace shall be guilty of a misdemeanor, except as provided for in section 102-1 relative to juvenile warning citations. (b) Disturbing the peace is the intentional performance of any of the following acts: (1) To communicate to another person a threat, either verbally, in writing, or through any other form of communication; to kill or murder him or to do him great bodily harm, or threatening to kill, murder or do great bodily harm to members of his family, or to any other person when that person is in the immediate company of the person to whom the threat is communicated. (2) To address any words to any person who is lawfully in a public place where such words, which by their very utterance, inflict injury or have a direct tendency to cause acts of violence by the person to whom, individually, the remark is addressed. (3) To interrupt any lawful assembly of people by the use of words where such words, by their very utterance, inflict injury or have a direct tendency to cause acts of violence. (4) To address language to any person that makes reference to the person addressed as having sexual intercourse with himself or with another where such language inflicts injury, insults or causes acts of violence by the person to whom the language is addressed or is intended to inflict injury, insult or cause acts of violence. (5) To engage in a fistic encounter. (6) To act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health. (7) To act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged. (Code 1956, § 42-77)

New Orleans City Code § 54-404 Carrying of opened glass containers prohibited in certain areas.

Sec. 54-404. - Carrying of opened glass containers prohibited in certain areas. (a) It shall be unlawful for any person to carry or drink from any opened glass container in or on any public street, sidewalk, park or public right-of-way in the area bounded by the upriver side of Canal Street, the lakeside of Rampart Street, the downriver side of Esplanade Avenue and the Mississippi River. (b) An opened glass container is: (1) Any drinking vessel made of glass, excluding drinking glasses which are in their original package and contain no liquid; or (2) Any container made of glass upon which the seal has been broken and which by virtue of its labeling or contents, would normally contain a consumable beverage. (c) The owner of every establishment which sells beverages in glass containers in the designated area described in paragraph (a) shall post two copies of this section in their establishments. Failure to post such copies shall be unlawful. These copies may be obtained from the department of finance. (d) The provisions of this section shall be enforced by the issuance of a summons or citation rather than by arrest. Failure of the person issued the summons or citation to appear in municipal court, shall cause to issue an attachment for the arrest of the person in violation of this section. (e) It shall be unlawful for any person to carry or drink from any opened glass container in or on any public right-of-way, including any street, sidewalk, park or alley within one block of a Mardi Gras parade route, two hours before the published beginning time of the parade, during the parade, or within one block of the published disbanding area of the parade within two hours of the published or actual ending time of the parade, whichever occurs later. Enforcement of these provisions shall be pursuant to paragraph (d) of this section. (Code 1956, §§ 42-96, 42-97; M.C.S., Ord. No. 17,388, § 1, 1-18-96; Ord. No. 20,037, § 1, 2-1-01; Ord. No. 20,439, § 1, 11-15-01; Ord. No. 20,440, § 1, 11-15-01)

New Orleans City Code § 54-405 Public drunkenness, drug incapacitation.

Sec. 54-405. - Public drunkenness, drug incapacitation. (a) It is unlawful for any person to appear in a public place manifestly under the influence of alcohol, narcotics or other drugs, not therapeutically administered, to the degree that they may endanger themselves or other persons or property. (b) In lieu of arrest for public drunkenness, the detaining officer may transport the offender to a facility maintained by or contracted through the City of New Orleans and designated by the City of New Orleans to provide a safe, controlled environment for non-violent adults to stay until the effects of alcohol intoxication or inebriation have diminished to a safe level (the "sobering center"), but only in the following circumstances: (1) Only adults may be diverted to the sobering center. (2) Verbal consent shall be provided by the subject prior to diversion to the sobering center. (3) Diversion shall not take place if the subject was physically combative with the officer at any time, from the initial stop to the turnover to the sobering center. (4) If the subject has a medical condition at the time that requires immediate treatment, diversion shall not take place. Instead, the subject shall be brought to the appropriate facility for medical treatment, and the subsequent action by officers shall proceed as a non-diversion action. (5) If the subject is demonstrably unable to understand the process of diversion, diversion shall not take place. Instead, the subject shall be brought to the appropriate facility for medical treatment, and the subsequent action by officers shall proceed as a non-diversion action. (6) If the subject poses a threat to self or others due to mental health crisis, diversion shall not take place. (7) If the subject's words and actions about diversion or the sobering center indicate it would be futile to attempt a diversion strategy, diversion shall not take place. (Code 1956, § 42-76; M.C.S., Ord. No. 17,389, § 1, 1-18-96; M.C.S., Ord. No. 28235, § 1, 11-7-19)

New Orleans City Code § 54-406 Opened containers to remain in establishments.

Sec. 54-406. - Opened containers to remain in establishments. It shall be unlawful for owners of establishments which sell beverages in glass or metal containers in the city to knowingly allow any person to leave the premises of such establishment carrying an opened glass or opened metal container. (Code 1956, § 42-98)

New Orleans City Code § 54-407 Alcoholic beverages in motor vehicles.

Sec. 54-407. - Alcoholic beverages in motor vehicles. (a) No operator of, or passenger in or on a motor vehicle shall possess, when such vehicle is upon a street or highway, any alcoholic beverage in an open container. (b) No operator of a motor vehicle, when such motor vehicle is upon a street or highway, shall allow to be transported, carried or possessed in the vehicle any alcoholic beverage in an open container. (c) The term "open container" means and includes a bottle, can, cup or other receptacle which has been opened, or on which a seal or stamp has been broken, or from which the contents have been partially removed. In addition, the term also includes any cup or container without lids or seals, or with lids or seals but with straws protruding therefrom, or with only partial lids or seals. (d) The provisions of this section, shall not apply to the following: (1) Persons operating or occupying a motor vehicle who, as a condition of their employment and while acting in the course and scope of such employment, are required to carry open alcoholic beverage containers, provided that such operators or passengers do not consume such alcoholic beverages. (2) Paid fare passengers on a common or contract carrier vehicle, as defined in R.S. 45:162. (3) Paid fare passengers on a public carrier vehicle, as defined in R.S. 45:200.2. (4) Passengers of a self-contained motor home which is in excess of 21 feet in length. (5) Possession of an open container of alcoholic beverage in the trunk of a motor vehicle. (6) If the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages: a. In a locked glove or utility compartment; or b. In an area of the vehicle not normally occupied by and not readily accessible to the driver or passengers. (e) Whoever violates the provisions of this section shall be fined not more than $200.00. (f) The observance of a glass, cup, or other container which, on its face, does not indicate that the container contains an alcoholic beverage, shall not, absent other circumstances, constitute probable cause for a law enforcement officer to stop and question a person. (g) If a person under 18 years of age who is a child as defined in article 603 of the Louisiana Children's Code is charged with a violation of this section, the department of police shall file a report with the district attorney and shall request an investigation to determine whether the child is in need of care of the purposes of article 606 of the Louisiana Children's Code. (Code 1956, § 42-98.1)

New Orleans City Code § 54-408 Disturbing the peace in the city council chamber.

Sec. 54-408. - Disturbing the peace in the city council chamber. (a) Disturbing the peace in the city council chamber is the doing of any of the following acts during any official meeting in such a manner as would forseeably disturb the orderly procedure of such council meeting: (1) Interfering by any spectator with the right of any person to lawfully address the city council. (2) Displaying of any signs or placards constructed or supported in whole or part of or by wood or metal or displaying of any signs or placards greater than 18 inches in width by a spectator seated in the council chamber or displaying of any signs or placards by a spectator seated in the chamber above the spectator's shoulders or taping, tacking, nailing, or stapling any signs to the walls of the chamber. The restrictions contained in this subsection shall not apply to signs or placards used as demonstrative evidence by a speaker while lawfully addressing the council nor shall the requirements that signs or placards not be displayed at a height above the spectator's shoulders apply to persons seated in the last row of the chamber or to persons standing with their back to the walls of the chamber. The restrictions of this subsection pertaining to the taping, tacking, nailing, or stapling of any signs to the walls of the chamber shall not apply to informational signs installed by the city government nor to demonstrative evidence or other material specifically authorized to be attached to the walls of the chamber by the council. (3) Moving or walking around the council chamber for purposes of photographing, taking video or sonic recording of or broadcasting live the proceedings of the city council. The restrictions of this subsection shall not apply to persons seated in the last row of the chamber, to persons standing along the back wall of the chamber, or to those who are acting in compliance with the rules and regulations of the council. (4) Engaging in audible commentary unless having been recognized to speak by the chair. (5) Refusing to take a seat or to remain silent or to take a seat and remain silent when ordered to do so by any authorized official of the council. (6) Commission of any other act in such manner as to unreasonably disturb the orderly procedure of the council. (b) Whoever commits the act of disturbing the peace in the city council chamber shall be fined the sum of $50.00 or imprisoned for not more than 30 days. (Code 1956, § 42-78; M.C.S., Ord. No. 24808, § 1, 3-15-12)

New Orleans City Code § 54-409 Drinking during public meetings.

Sec. 54-409. - Drinking during public meetings. (a) It shall be unlawful for councilmembers, board or commission members, directors, and employees of the city, or any other person, to consume alcoholic beverages in the council chamber or any other public meeting room or facility owned, rented or leased by the city during any public meeting as defined in R.S. 42:4.2. (b) Whoever violates the provisions of this section shall upon the first conviction thereof, be fined not less than $25.00 nor more than $50.00. Upon the second conviction of a violation of this section, the offender shall be fined not less than $100.00 nor more than $200.00. Upon the third and each subsequent conviction of a violation of this section, the offender shall be fined $300.00 and may additionally be punished by imprisonment for not more than ten days. (Code 1956, § 42-78.1)

New Orleans City Code § 54-410 Breach of public security.

Sec. 54-410. - Breach of public security. (a) Prohibited conduct. In those publicly owned, operated, or leased buildings or places where the administrators thereof have enacted security regulations for the safety and protection of employees and citizens or have enacted regulations for the orderly conduct of business within or at the public location and have posted notices to that effect at all public entrances, it shall be unlawful to do any of the following acts in violation of such regulations: (1) Fail, neglect, avoid, or refuse to submit to weapons screening procedures while passing through a weapons checkpoint or entering into an area secured by a weapons checkpoint where weapons checkpoints have been established; (2) Fail or refuse to leave the building or area which is under public control after having been directed to do so by an authorized person; provided that nothing herein shall prevent a person from exercising constitutionally guaranteed rights of lawful assembly and free speech to the extent permitted by the constitution; (3) Introduce any weapon, including but not limited to firearms, knives, chemical agents, and stun guns, into any area where their presence is prohibited as established by the posting of signs to that effect, regardless of whether the offender may otherwise be in lawful possession of such weapons; (4) Enter a publicly owned, operated, or leased building, space, or area through any door, opening, or entrance way other than through one which has been designated for public use; or to disregard any sign which restricts the use of an entrance or door to certain persons by opening or passing through that door without authority or permission; (5) Enter without authority or permission any restricted area of a publicly controlled building where the restriction is posted or the offender knew or should have known that his presence was prohibited, such as areas which have been partitioned by counters or gates, or where doors have been equipped with locks or access control devices; (6) Introduce any contraband or prohibited item into the building, space, or area or use any such item in a prohibited manner provided that signs have been posted which reasonably place the offender on notice that the item or its specific use is prohibited; (7) Ship, mail, or have delivered or cause to be introduced any prohibited items with the intent that they be delivered beyond a contraband checkpoint or to solicit the assistance of others for such purpose; (8) Defeat or wilfully bypass any electronic, mechanical, or other device which has been installed to control ingress or egress; (9) Disable, distort, or defeat any closed-circuit television or other electronic surveillance equipment which has been installed; (10) Refuse to comply with the lawful and authorized instructions of designated security personnel, whether publicly employed or privately contracted, in the enforcement of regulations pertaining to conduct within the area under public control after having been informed of the regulation or prohibited conduct; (11) Fail to comply with any lawful posted regulation which regulates conduct within the area under public control. (b) Forfeiture. Only after hearing through an administrative procedure affording persons an opportunity to be heard and the presentation of a defense resulting in a finding against such person, any weapon or contraband which is confiscated for violation hereof shall be forfeited to the government agency which seized the weapon or contraband. Such weapon or contraband is to be disposed of in accordance with the instructions of the officials who are vested with the authority to enact such regulations at the public building or space. (c) Courts. Nothing in this section limits the power of any court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. (d) False information and threats. It shall also be unlawful for any person to willfully or maliciously impart or convey false information, knowing the information to be false and under circumstances in which such information may reasonably be believed, concerning an attempt or alleged attempt being made or to be made, to do any act which is a violation of subsection (a) of this section. (e) Exemptions. The provisions of this section shall be inapplicable to law enforcement, fire, and emergency medical personnel who are responding to an emergency call for service and who have been dispatched to the public building, area, or space or who do any of the acts prohibited in this section on orders of their lawful supervisor as a part of and in the course and scope of their public service or service in the employ of a security contractor employed by the agency or officer in charge of the public building, area, or space. (f) Penalties. Whoever violates the provisions of this section shall be guilty of a misdemeanor and conviction shall result in a fine of not less than $100.00 and/or incarceration for not more than five months. (Code 1956, § 42-78.2)

New Orleans City Code § 54-411 Begging, solicitation of rides, business, employment, or charitable contributions prohibited.

Sec. 54-411. - Begging, solicitation of rides, business, employment, or charitable contributions prohibited. (a) It shall be unlawful for any person to commit the crime of begging as set forth herein. (b) Begging is the unauthorized solicitation for money or anything of value by any person. (c) No person shall stand, sit, or remain next to or in a roadway or street, or upon the shoulder of any street or roadway, or upon a neutral ground of any street or roadway for the purpose of begging, soliciting or otherwise requesting a ride, soliciting employment, making known his/her availability for employment, soliciting business or charitable contributions, or selling items or services to or from the drivers or occupants of any vehicle. (d) Individuals violating the provisions of this section may participate in a city-approved community service program in lieu of suffering the penalties imposed by this Code for violation of this section. (Code 1956, § 42-79; M.C.S., Ord. No. 17,457, § 1, 3-7-96; M.C.S., Ord. No. 18,937, § 1, 10-15-98; M.C.S., Ord. No. 19,119, § 1, 2-18-99)

New Orleans City Code § 54-412 Aggressive panhandling.

Sec. 54-412. - Aggressive panhandling. (a) This section shall apply to violations of those provisions of the Code of the City of New Orleans specified in subsections (b) through (h) 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) As used in this section, panhandling is prohibited in the following locations within the DDD: (1) A bus, streetcar, or train stop; (2) In a public transportation vehicle or facility; (3) In a sidewalk café or within 30 feet of the café; (4) Twenty feet in any direction from an automatic teller machine (ATM) or bank; or (5) Within eight feet of any occupied passenger vehicle on the street. (6) In public park(s). (c) Panhandling, as used in this section, means any solicitation made in person whereby a request is made for an immediate donation of money or other gratuity from another, and includes, but is not limited to, seeking donations by vocal appeal. However, panhandling shall not include the act of passively standing or sitting with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person. (d) It shall be unlawful to engage in an act of panhandling on any day after 7:00 p.m. or before 6:00 a.m. (e) It shall be unlawful to engage in an act of panhandling in an aggressive manner, including any of the following actions: (1) Touching the solicited person without the solicited person's consent; (2) Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment; (3) Blocking the path of a person being solicited or the entrance to any building or vehicle; (4) Following behind, ahead or alongside a person who walks away from the panhandler after being solicited; (5) Approaching and coming within three feet of a person unless the person has agreed to make a donation; (6) Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled to make a donation. (f) Penalties for violation and/or continued violation of this section are as set forth in section 1-21 of the Code of the City of New Orleans or community service of up to 25 hours per infraction. (g) Enforcement of this section shall be as provided for in section 1-21 of the Code of the City of New Orleans or community service of up to 25 hours per infraction. (h) Administrative adjudication of violations of this section shall be as provided for in section 1-21 of the Code of the City of New Orleans. (M.C.S., Ord. No. 24350, § 1, 3-17-11)

New Orleans City Code § 54-413 Throwing prohibited.

Sec. 54-413. - Throwing prohibited. It shall be unlawful for any person to throw, cast, or propel any substance from any aperture, window, door, staircase, balcony, or roof that is eight or more feet above street level onto any public place, way, street, sidewalk, neutral ground or highway within the city. (Code 1956, § 42-80.1)

New Orleans City Code § 54-414 Curfew for persons under 18 years of age; school attendance—Established.

Sec. 54-414. - Curfew for persons under 18 years of age; school attendance—Established. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Custodian means a parent as defined in Louisiana Children's Code, Article 116 or a person with legal custody as defined in Louisiana Children's Code, article 116 to whom the care or supervision of the child has been temporarily and lawfully delegated or assigned. Emergency means an unforeseen circumstance or the resulting state that demands for immediate action including, but not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place where business is carried on for a profit or any place of amusement or entertainment to which the public is invited. Minor means any person under 18 years of age who has not been emancipated under state law. Operator means any individual, firm, association, partnership, or corporation owning, operating, managing or conducting any establishment. Permit means to knowingly allow or knowingly fail to prevent; or to fail to prevent due to lack of reasonable efforts or concern or due to failure to supervise or control. Public place means any public street, private street, sidewalk, corner, road, highway, avenue, alley, park, playground, wharf, dock, public building, and appurtenant open space vacant lot or other public place. Remain means to tarry, stay, loiter, idle, wander, stroll, or play. Reasonable errand means the activity of a minor pursuant to a custodian's direction in a public place or establishment in order to accomplish an emergency mission or a legitimate family function in a normal and customary fashion considering the time of day, or going to or returning home from such an activity without any detour or stop. (b) Offenses. The following are violations of this section: (1) A minor shall not remain in a public place or on the premises of an establishment from: a. 6:00 a.m. until 3:15 p.m. on any day when the minor is required to be in school; b. 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day from June 1 through August 31; c. 8:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day from September 1 through May 31; and d. 11:00 p.m. on any Friday or Saturday until 6:00 a.m. of the following day. e. 8:00 p.m. Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday until 6:00 a.m. of the following day in the area bounded by both sides of the following streets: Canal Street, North Rampart, Elysian Fields Avenue, and the Mississippi River. (2) A custodian shall not: a. Permit or by insufficient control allow a minor under the custodian's care or custody to violate this section; b. Unreasonably permit a minor to remain in law enforcement custody more than six hours after being notified of the detention without causing communication with the detaining authority about the possibility of the minor's release; c. Unreasonably permit a minor to remain in city custody for more than 24 hours after the minor has been detained. (3) An operator or the operators, agents or employees shall not knowingly permit a minor to remain in violation of this section on the premises over which the operator has supervision, custody or control. (c) Defenses. The following are defenses to violations charged under this section: (1) This section shall not apply to any minor who is: a. Accompanied by the minor's custodian; b. On a reasonable errand; c. In a motor vehicle involved in interstate travel; d. Engaged in an employment activity pursuant to the minor's custodian's direction, or going to or returning home from such an employment activity without any detour or stop; e. Involved in an emergency; f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor, with the next-door neighbor's consent; g. Attending an official school, religious, or other recreational activity supervised by adults or sponsored by the city or another public body, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from such an activity, without any detour or stop; or exercising First Amendment rights protected by the United State Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly. (2) This section does not apply to an operator or operator's agent or employee who promptly notifies a law enforcement agency that a minor is present in the establishment in violation of this section and refuses to leave. (d) Enforcement. (1) Daytime violations. On first and subsequent incidents if a police officer or other authorized peace officer or other authorized person reasonably believes that a minor is violating any provision of subsection (b)(1) of this section, the officer or other authorized person shall complete a juvenile warning citation and take such minor to the appropriate shelter care facility (truancy center) as designated by the parish school board. (2) Nighttime violations. If a police officer or other authorized peace officer reasonably believes that a minor is violating any provisions of subsection (b)(1) of this section, the officer shall: a. Advise the minor that the minor is in violation of this section and instruct the minor to proceed immediately to the minor's residence without any detour or stop; or b. Take the minor into custody in accordance with the procedure established in Article 736 of the Louisiana Children's Code. (e) Penalties. (1) A violation of this section by a custodian, an operator or operator's agent or employee shall be a misdemeanor punishable by the municipal court. (2) A custodian found in violation of this section shall be fined not more than $500.00. For appropriate cases, the city attorney may recommend that the court suspend the sentence on a first or second offense and, as a condition of such a suspension order or require the performance of up to 60 hours of community service. As part of or in lieu of any other penalty that may be imposed under this section, a custodian may be required by the court to obtain counseling or attend classes or programs to improve parenting and child-raising skills. (3) If a custodian is convicted of a third offense, the record of the prosecution shall be transmitted by the city attorney to the district attorney, for review for possible action under the Louisiana Children's Code. (4) An operator or an operator's agent or employee found in violation of this section shall be fined not more than $500.00 or imprisoned in the parish jail for not more than six months, or both, at the discretion of the court. Each day that a violation continues shall constitute a separate offense. (Code 1956, § 42-80.2; M.C.S., Ord. No. 16,498, § 1, 5-23-94; M.C.S., Ord. No. 24721, § 1, 1-5-12; M.C.S., Ord. No. 28617, § 1, 3-11-21)

New Orleans City Code § 54-415 Same—Enforcement.

Sec. 54-415. - Same—Enforcement. In connection with the provisions of section 54-414, 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 or other employees designated by the superintendent of schools for the purpose of obtaining compliance with the provisions of section 54-414. 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 § 54-416 Mandatory school attendance for certain persons.

Sec. 54-416. - Mandatory school attendance for certain persons. (a) For purposes of this section, an elective student shall mean a person who is older than the mandatory school attendance age prescribed by state law but who has elected to enroll in an elementary, middle, junior high, or high school located in the parish and whose enrollment has not been terminated or suspended by expulsion, suspension, graduation or formal withdrawal from such school. (b) No elective student shall fail to comply with all laws, rules, and regulations regarding school attendance to the same extent as if he were a student obliged to attend school under the mandatory school attendance laws applicable to younger students. (c) Any person convicted of a violation of this section shall be fined but shall not be sentenced to a term of imprisonment. In lieu of payment of any fine imposed under this section, the offender may be permitted to serve a specified number of hours or days in a court-approved program of supervised study and/or service to his school. (Code 1956, § 42-80.3)

New Orleans City Code § 54-417 Definitions.

Sec. 54-417. - Definitions. For purposes of section 54-418, the following definitions shall apply: Public possession means the possession of any alcoholic beverage for any reason, including consumption, on any street or highway or in any public place or any place open to the public, including a club which is de facto open to the public. "Public possession" does not include the following: (1) The possession or consumption of any alcoholic beverage: a. For an established religious purpose. b. When a person under 21 years of age is accompanied by a parent, spouse, or legal guardian 21 years of age older. c. For medical purposes when purchased as an over-the-counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution. d. In private residences. (2) The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under 21 years of age by a duly licensed manufacturer, wholesaler, or retailer of beverage alcohol. Purchase means acquisition by the payment of money or other consideration. Purchase does not include such acquisition for medical purposes either when purchased as over-the-counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution. (M.C.S., Ord. No. 18,491, § 1, 11-6-97)

New Orleans City Code § 54-418 Purchase and public possession of alcoholic beverages; exceptions; penalties.

Sec. 54-418. - Purchase and public possession of alcoholic beverages; exceptions; penalties. (a) It is unlawful for any person under 21 years of age to purchase or have public possession of any alcoholic beverage. (b) (1) Whoever violates the provisions of this section shall be fined not more than $100.00 or imprisoned for not more than six months, or both. (2) Any person apprehended while violating the provisions of this section shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of local traffic violations. (M.C.S., Ord. No. 18,491, § 2, 11-6-97)

New Orleans City Code § 54-419 Aggressive solicitation.

Sec. 54-419. - Aggressive solicitation. (a) Policy. As an aid in the interpretation and enforcement of this section the city council finds that: (1) Aggressive solicitation is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder. (2) Aggressive solicitation may include approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. (3) The presence of individuals who solicit money from persons in places that are confined, difficult to avoid, or where a person might find it necessary to wait, is especially troublesome because of the enhanced fear of crime. (4) This section is intended to protect citizens from the disruption, fear and intimidation accompanying certain kinds of solicitation, and not to limit constitutionally protected activity. (b) Definitions. (1) Solicitation, as used in this section, means any plea made in person where: a. A person by vocal appeal requests an immediate donation of money or other item from another person; or b. A person verbally offers or actively provides an item or service of little or no value to another in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation. However, solicitation shall not include the act of passively standing, sitting, or engaging in a performance of art with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person. (2) Convenience store, as used in this section, means a retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with them, with a gross floor area of less than 7,500 square feet. (3) Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take unreasonable evasive action to avoid physical contact. (4) Unreasonable evasive action means causing a vehicle to depart from the lane of traffic in which it is traveling to change lanes, to straddle lanes, or to enter onto a neutral ground to obtain passage; it also means causing a pedestrian to leave the sidewalk on which he is traveling or to make contact with a wall or fence bordering the sidewalk, or, at such times as the New Orleans Police Department shall have erected barricades to prohibit vehicular traffic from Bourbon Street or Royal Street, to cause a pedestrian to take unreasonable evasive action in the street to avoid physical contact. (5) Public entertainment venue means a place that is open to the public (whether or not upon payment of a fee for admission and whether or not the management reserves the right to exclude individual members of the public) for entertainment, but does not include a shop. The term also includes Bourbon Street and Royal Street between the hours of sunset and sunrise. (6) Shop means premises used for the sale or displaying or offering for sale of goods or food to a member of the public, whether on a wholesale or retail basis, and includes a warehouse (other than where the premises is temporarily used as a public entertainment venue). (c) Prohibitions. (1) It shall be unlawful in a public place to engage in an act of solicitation when the person being solicited is present at any of the following locations: a. In a restroom. b. At a bus stop or public transportation shelter. c. At or within 20 feet in any direction from an intersection of two streets or a marked crosswalk. d. In any public transportation vehicle or public transportation facility. e. In a vehicle which is parked or stopped on a public street or alley. f. In a sidewalk cafe. g. In a line waiting to be admitted to a commercial or government establishment. h. Within 20 feet in any direction from an automatic teller machine or entrance to a bank, other financial institution, or check-cashing business. i. On any parkland, or in any park, playground, or public entertainment venue, including within 20 feet of entryways or exits thereto. j. At or within ten feet in any direction of the property on which is located a gasoline filling station as defined in Section 150-963 of the Code of the City of New Orleans. k. At or within ten feet in any direction of the property on which is located a liquor store, including any establishment with a class B permit (off-sale license) under Alcoholic Beverages, Chapter 10 of the Code of the City of New Orleans, and including any establishment with an on-sale license. l. At or within ten feet in any direction of the property on which a convenience store is located. (2) It shall be unlawful in a public place to engage in an act of solicitation in a manner that incorporates any of the following methods: a. Intentionally touching or causing harmful or offensive physical contact with the solicited person without that person's consent. b. Intentionally blocking the path of the solicited person, or the entrance to any building or vehicle. c. Following behind, ahead or alongside a person who walks away from the solicitor after being solicited, with the intent to intimidate or continue solicitation. d. Using obscene, profane, or abusive language or gestures toward the solicited person. e. Approaching the solicited person in a manner that: 1. Is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or 2. Is intended to or is likely to intimidate a reasonable person into responding affirmatively to the solicitation. f. Solicitation while under the influence of alcohol or drugs. g. Soliciting in a group of two or more persons. (3) It shall be unlawful in a public place to engage in an act of solicitation on any day after sunset or before sunrise. (4) No person, in any public place, shall use obscene language, or grab, or follow another for the sole purpose of harassment, or walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. A person shall be guilty of obstructive interference if, in a public place, he intentionally obstructs pedestrian or vehicular traffic. Acts authorized by permit issued pursuant to the Parade Ordinances, Article XVI of Chapter 154 of the Code of the City of New Orleans shall not constitute interference with pedestrian or vehicular traffic. (d) Penalties. Each act prohibited by this section shall constitute a separate violation of this section. Whoever violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and/or imprisonment for not more than six months. In the event that a person convicted of an offense under this section is employed by an organization responsible for the offender's actions constituting a violation of this ordinance then that organization shall be held similarly in violation of this section and similar penalties shall be levied upon the organization. (e) Applicability. Section 54-419 shall only be applicable within the Vieux Carré as defined in Section 166-2 of the Code of the City of New Orleans. (f) Severance. If any section, sentence, clause, or phrase of this law is held invalid or unconstitutional by a court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. (M.C.S., Ord. No. 24636, § 1, 10-20-11; M.C.S., Ord. No. 25408, § 1, 7-25-13)

New Orleans City Code § 54-420 Prohibited actions along a carnival parade route.

Sec. 54-420. - Prohibited actions along a carnival parade route. It shall be unlawful for any individual to have in their custody or control along a carnival parade route any items or conditions in violation of section 34-33. (M.C.S., Ord. No. 30714, § 2, 7-23-26)

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_ARTVIOFAFPUGE_DIV4OFAGGEPEORFetched: 10/28/2026