GENERALLY

New Orleans City Code ch. 146, art. V, div. 1

in effect

New Orleans City Code § 146-275 Street use privileges, permits and franchises.

Sec. 146-275. - Street use privileges, permits and franchises. Notwithstanding any other provision of this chapter, a special franchise ordinance of the council adopted under chapter 16 of the home rule charter, shall be required for any physical plant or installations in, over, or under the streets or other public places of the city which will be so extensive or will have so much capacity that they will be suitable for use for public utility and/or telecommunications public carrier purposes, whether by those directly serving consumers or those transmitting or relaying commodities, services, or telecommunications to or from consumers and/or third parties who serve consumers. This section shall not apply to any permittee granted a street use permit prior to the effective date of the ordinance from which this section was derived. An ordinance adopted under this section shall comply with all requirements of chapter 16 of the home rule charter and the federal and state constitutions. (M.C.S., Ord. No. 16,707, 10-20-94)

New Orleans City Code § 146-276 Permission of council required.

Sec. 146-276. - Permission of council required. It shall be unlawful for any person to construct or maintain or operate any structure or service on, above or beneath the public streets and other public places within the city without permission of the council in accordance with the regulations provided in this article. Providers of wireline telecommunications services, as that term is defined in section 30-45 of this Code, shall be governed by sections 30-43 through 30-57 of this Code. (Code 1956, § 61-50.1; M.C.S., Ord. No. 17,560, § 3, 6-6-96)

New Orleans City Code § 146-277 Granting of permission; rates.

Sec. 146-277. - Granting of permission; rates. (a) The permission required by this article shall be granted only by ordinance and shall specify the purpose of the privilege, the streets and other public places affected, the duration of the privilege and the consideration therefor in accordance with the following schedule of rates: (1) Passageways, conveyors and similar structures above public streets and alleys. For one-story passageways, conveyors and similar structures bridging an area above a public street or alley, the annual fee shall be equal to 24 percent of the average assessed value per square foot of the connected or adjoining land multiplied by the total number of square feet of horizontal public street or alley space covered by the outside dimensions of the superimposed structure. One-half of such fee shall be added for each additional floor. The minimum fee shall be $600.00 per annum for one-story structures and $300.00 per annum for each additional floor. (2) Loading platforms and occupation of public streets and alleys. For loading platforms or occupation of public streets and alleys, the fee shall be equal to 48 percent of the average assessed value per square foot of the adjoining or connected land multiplied by the total number of square feet of public street or alley area occupied including ramps and steps. The minimum fee shall be $300.00 per annum. (3) Underground vaults, elevators and storage tanks. For underground vaults, underground elevators and underground storage tanks, the annual fee shall be $200.00 for each structure. For storage tanks, the fee shall include accompanying service piping up to 100 feet in length. Piping in excess of 100 feet shall be charged for in accordance with the appropriate schedule below. (4) Underground pipes and conduits. An annual charge of $50.00 for the first 100 feet or less in length and $30.00 for each additional 100 feet or fraction thereof for pipes and conduits up to six inches in diameter. For pipes and conduits over six inches in diameter, the fee shall be twice the above fee. (5) Overhead wires. An annual charge of $50.00 for the first 100 feet or less in length and $30.00 for each additional 100 feet or fraction thereof. (6) Underground wells. An annual charge of $600.00 for each well and accompanying service piping, up to 100 feet in length. Piping in excess of 100 feet in length shall be charged at the rate of $50.00 per 100 feet or fraction thereof. (b) The assessed value used in this section shall mean the valuation for assessment purposes as listed in the assessment rolls in the several municipal districts in and for the parish for the current year in which the privilege is granted or renewed. (c) No fee required by this section shall be required from any nonprofit educational or charitable institution for the privilege of constructing, maintaining or operating an overhead or underground structure across or beneath any public street or alley where such structure is used primarily for the safe passage of pedestrians in connection with the operation of such institutions. A surety bond shall be provided by such an institution to guarantee the removal of the structure upon expiration of the privilege. (Code 1956, § 61-50.2)

New Orleans City Code § 146-278 Payments for privilege; default.

Sec. 146-278. - Payments for privilege; default. All payments required by this article shall be made annually in advance. If any payment is not made on or before the dates fixed by the privilege ordinance, then all subsequent payments accruing under the terms thereof shall immediately, without demand or putting in default, become payable, or, such ordinance may be terminated or cancelled by the council, which cancellation shall not release any indebtedness accruing prior to the date thereof or as long as such grantee remains and makes use of such privilege. (Code 1956, § 61-50.3)

New Orleans City Code § 146-279 Application for privilege; approval.

Sec. 146-279. - Application for privilege; approval. Application for a privilege under this article shall be made in writing by the applicant to the director of the department of public works describing the structure or service to be erected, and the purpose for which the privilege is sought. Such application shall be accompanied by four copies of a sketch, drawn to scale, showing the location of the structure or service in relation to existing property lines, and other pertinent descriptive details. Approvals of all interested city agencies involved shall be secured by the director of the department of public works before the proposed privilege ordinance is introduced in the council. (Code 1956, § 61-50.4; M.C.S., Ord. No. 21480, § 3, 4-1-04)

New Orleans City Code § 146-280 Rights of grantee.

Sec. 146-280. - Rights of grantee. The grantee of a privilege under this article shall not exercise such privilege except in connection with his own business nor shall he lease or grant the right to use the same to any person for rent or hire. Privileges shall be inalienable and not transferable; provided, that the grantee may subrogate to another all his rights and liabilities with respect to the privilege granted to him, upon specific written notice to the director of the department of public works, giving the name and address of the person to whom the subrogation is made and upon securing the consent of the council by ordinance. (Code 1956, § 61-50.5; M.C.S., Ord. No. 21480, § 3, 4-1-04)

New Orleans City Code § 146-281 Construction of service, etc., liability for costs; manner of making and restoring cuts in sidewalks, etc.

Sec. 146-281. - Construction of service, etc., liability for costs; manner of making and restoring cuts in sidewalks, etc. The structure or service to be built under the privilege granted under this article shall be constructed in accordance with all applicable regulations and laws in effect. The cost of rearrangement of existing utilities or structures made necessary by the construction, operation or removal of the structure or service under the privilege granted shall be borne by the grantee. Likewise, any damages to existing utilities or structures occasioned by the construction, maintenance or operation of the structure or service under the privilege granted shall be borne by the grantee. All sidewalks, pavements and other properties torn up or disturbed in constructing, operating, maintaining or removing the structure or service under the privilege granted shall be restored to their original good condition, including removal of any markings, satisfactory to the director of the department of public works. The grantee shall likewise conform in all respects to the provisions of all ordinances and regulations relative to the manner of making and restoring cuts in sidewalks and roadway pavements, especially the provisions of sections 146-436 et seq. (Code 1956, § 61-50.6; Ord. No. 21,148, § 2, 6-19-03)

New Orleans City Code § 146-282 Removal or relocation of structure or service.

Sec. 146-282. - Removal or relocation of structure or service. Permission shall be granted under this article under the express condition that such structure or service shall be subject to prompt removal or relocation within 60 days at the pleasure of the city after notice thereon from the city and at the expense of the grantee whenever the city shall request such removal or relocation for the purpose of the execution of public works or other franchises or permits of whatever nature, or for any public purpose on the site so occupied. Should a change of location or renewal within a period of time shorter than 60 days be so deemed necessary by reason of public danger or peril, then such structure or service or any part thereof shall be removed or shifted at the grantee's expense in the earliest time possible, or in default thereof such grantee shall suffer the removal or shifting at his expense. Should the grantee abandon the structure or service under the privilege granted, or should the same be partially destroyed so as not to be of any further use, the grantee shall remove the structure or service from public property and restore any existing utilities or structures to their original good condition. Should the privilege ordinance be cancelled by reason of default of payments in accordance with section 146-277, the structure or service shall likewise be removed from public property, and any existing utilities or structures shall be restored to their original good condition by the grantee. Upon expiration of the duration of the privilege granted, the structure or service shall be removed from public property, and any existing utilities or structures shall be restored to their original good condition by the grantee, unless the council has granted an extension of the privilege by ordinance. (Code 1956, § 61-50.7)

New Orleans City Code § 146-283 Surety bond.

Sec. 146-283. - Surety bond. The grantee of any privilege shall furnish a good and solvent surety bond, in solido, in favor of the city, satisfactory to the director of the department of public works, in a sum equal to the aggregate of the annual payment during the term of the privilege but in no event to be less than $500.00 or more than $3,000.00 to guarantee the faithful performance of all the obligations of the grantee of such privilege set forth in the ordinance granting the privilege and this article. When the privilege is granted to more than one grantee, then all of the grantees shall join together in furnishing the surety bond, in solido, referred to above. (Code 1956, § 61-50.8; M.C.S., Ord. No. 21480, § 3, 4-1-04)

New Orleans City Code § 146-284 Scope of division.

Sec. 146-284. - Scope of division. This article shall not be applicable to marquees and similar structures, except when the floor area of any such marquee or similar structure has the same general use or occupancy as the building to which it is attached, or to hoods, sunshades, vertical fins, ornaments, cornices, vents and exterior doors, all if not in violation of any law or ordinance; nor shall it be applicable to those utilities, public or private, which enjoy rights under existing franchises or legislation, especially the rights conferred upon the sewerage and water board by Legislative Act 6 of 1899, as amended; nor shall it be applicable to the granting of switch track privileges which are provided by section 122-131 et seq.; nor shall it be applicable to the granting of temporary revocable permits for the use of public streets, which permits are regulated under the provisions of sections 146-311—146-313 and 146-315—146-319. (Code 1956, § 61-50.9)

New Orleans City Code § 146-285 Penalty.

Sec. 146-285. - Penalty. Any person violating any of the provisions of this article shall be subject to a fine of not more than $25.00 or imprisonment for not more than 30 days, or both, for each violation at the discretion of the court having jurisdiction. Each day's violation or failure to comply with the provisions of this article shall constitute a separate offense thereunder. (Code 1956, § 61-50.10)

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_CH146STSIOTPUPL_ARTVCOMASTSEABBEST_DIV1GEFetched: 10/28/2026