§ 34-203. Citations; unlawful acts; records; failure to pay or appear; procedures.

(a)

Whenever any person has allegedly violated any provision of this division in the presence of a law enforcement officer, the law enforcement officer shall take the person's name, address, and driver's license number, and if the violation occurs from a motor vehicle, the license number of the motor vehicle, and if the violation occurs from a boat, the Louisiana Registered Boat Number, and shall issue a citation or summons or otherwise notify the offender in writing that he must appear in court at a time and place to be specified in such citation or summons.

(b)

Whenever any person has allegedly violated any provision of this division in the presence of any other individual, that individual shall take, if possible, the location of the incident, the type of litter, and if applicable, the vehicle license plate number, the vehicle color and body type, the vehicle year, make and model, any other vehicle identifier, and shall submit said information to a law enforcement officer, justice of the peace, or constable. If the law enforcement officer, justice of the peace or constable has reasonable grounds to believe a person has committed an offense of littering under any provision of this division, the law enforcement officer, justice of the peace or constable shall issue a citation or summons or otherwise notify the offender in writing that he must appear in court at a time and place to be specified in such citation or summons.

(c)

If applicable, the citation or summons shall indicate that the alleged violator may admit liability and, in lieu of appearing in court, make the payment of the applicable fines, penalties, and costs to the appropriate court or agency by mail. The law enforcement officer shall provide, in writing, the date by which the payment must be received and the name and phone number of the court or agency having jurisdiction over the alleged offense. The citation or summons shall state the amounts of the applicable fines, penalties, and costs, payable to the appropriate agency.

(d)

Each law enforcement officer upon issuing a citation or summons to an alleged violator of any provision of this division shall deposit the original citation or summons or a copy of the same with a court having jurisdiction over the alleged offense.

(e)

Upon the deposit of the original citation or summons, or a copy of the same with a court having jurisdiction over the alleged offense, the original citation or summons or a copy of the same shall be disposed of only by trial in a court of proper jurisdiction or any other official action by a judge of the court, including payment of the appropriate fines, penalties, and costs to that court by the person to whom such citation or summons has been issued.

(f)

It shall be unlawful for any law enforcement officer or any other officer or public employee to dispose of a litter citation or summons or copies thereof or of the record of the issuance of the citation or summons in a manner other than as required herein.

(g)

The chief administrative officer of each law enforcement agency in the parish shall require all officers under his supervision to return to him a copy of every litter citation or summons which was issued by the officer for the violation of a litter law or ordinance, and in addition shall require the return of all copies of every litter citation or summons which has been spoiled or upon which an entry has been made without having issued the citation or summons to the alleged offender.

(h)

The chief administrative officer shall also maintain or cause to be maintained in connection with every litter citation or summons issued by an officer under his supervision a record of the disposition of the charge by the court in which the original or a copy of the litter citation or summons was deposited.

(i)

Nothing herein shall be construed as prohibiting or interfering with the authority of a district attorney or other prosecuting attorney to dismiss a litter citation or summons or litter charge by entry of a nolle prosequi.

(Ord. No. O-082-2006, § 4, 5-2-06; Ord. No. O-039-2007, § 4, 3-6-07; Ord. No. O-235-2014, § 3, 12-2-14)