LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT CODE OF ORDINANCES
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VOLUME I
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Published in 2000 by Order of the City-Parish Consolidated Council
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Adopted: June 6, 2000
Effective Date: June 6, 2000
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>OFFICIALS
of the
LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT
AT THE TIME OF THIS CODIFICATION
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Walter Comeaux
President
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Harold Herbert, District 1
Bobby Castille, District 2
Chris Williams, District 3
Louis Benjamin, District 4
Lenwood Broussard, District 5
Jerry Trumps, District 6
Ernie Alexander, District 7
Daryl Schouest, District 8
Randy Menard, District 9
City-Parish Consolidated Council
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Glenn Weber
Chief Administrative Officer
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Jeff Moss
City-Parish Attorney
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Lloyd Rochon
Clerk of Council
CURRENT OFFICIALS
of the
LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT
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Joel Robideaux
Mayor-President
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Kevin Naquin, District 1
Jay Castille, District 2
Patrick Lewis, District 3
Kenneth P. Boudreaux, District 4
Jared Bellard, District 5
Bruce M. Conque, District 6
Nanette Cook, District 7
Liz W. Hebert, District 8
William G. Theriot, District 9
City-Parish Consolidated Council
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Lowell Duhon
Chief Administrative Officer
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Paul Escott
City-Parish Attorney
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Veronica L. Williams
Clerk of Council
PREFACE
This Code constitutes a complete recodification of the general and permanent ordinances of the Lafayette City-Parish Consolidated Government.
Source materials used in the preparation of the Code were the 1965 City of Lafayette Code, as supplemented through October 15, 1996, and the 1977 Lafayette Parish Code, as supplemented through November 16, 1995, and subsequent ordinances adopted by the city-parish consolidated council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1965 City Code or 1977 Parish Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 RELATED LAWS RL:1 CHARTER COMPARATIVE TABLES CHTCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER AND RELATED LAWS INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Roger D. Merriam, Supervising Editor, and Connie Timmons, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Mr. Lloyd C. Rochon, Clerk of Council, and Mr. Stephen J. Dupuis, Assistant City-Parish Attorney for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the consolidated government readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the consolidated government's affairs.
ADOPTING ORDINANCE
ORDINANCE NO. 0-092-2000
An Ordinance Adopting and Enacting a Code of Ordinances for the Lafayette City-Parish Consolidated Government to Consolidate the Existing City and Parish Codes of Ordinances and to Make Changes to Reflect the Consolidation of the Lafayette City and Parish Governments; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.
WHEREAS, Lafayette City-Parish Consolidated Government ("LCG") has operated under the provisions of the City of Lafayette Code of Ordinances and the Parish of Lafayette Code of Ordinances since the City and Parish of Lafayette consolidated; and
WHEREAS, LCG has caused the preparation of a single Code of Ordinances for Consolidated Government that includes all the substantive provisions of both the City and Parish Codes of Ordinances, but reorganizes said provisions so as to reflect the adoption of the LCG Home Rule Charter that merged the City and Parish governments, and to have the provisions of the existing City and Parish Codes of Ordinances to be set forth in the same sections; and
WHEREAS, the Lafayette City-Parish Council desires to restate, readopt and reenact the existing laws in the form of a Consolidated Code of Ordinances, without affecting the validity of any existing laws or the enforcement or prosecution thereof; and
WHEREAS, the Lafayette City-Parish Council desires to adopt this Ordinance to accomplish the aforesaid purposes.
Now, Therefore, Be It Ordained by the Lafayette City-Parish Council:
Section 1. The provisions of the City of Lafayette Code of Ordinances and the Parish of Lafayette Code of Ordinances are hereby restated, reenacted and readopted as the "Lafayette City-Parish Consolidated Government Code of Ordinances" (the "Consolidated Code") as set forth in the official Code of Ordinances for the year 2000 published by the Municipal Code Corporation consisting of Chapters 1-98, inclusive, and Appendixes A, B and C; provided, however, that any provision of the City or Parish Codes of Ordinances that remains substantially unchanged in text and subject matter in the Consolidated Code shall be construed as restatements and continuations thereof and not as new enactments and shall continue to have its original effective date and may be enforced by reference to its prior City or Parish Code of Ordinances chapter and section, or by reference to the new chapter and section set forth in the Lafayette City-Parish Consolidated Government Code of Ordinances adopted herein. For the purpose of identifying reenacted and continued existing criminal and traffic laws and the penalties for violations of same, either the chapter and section contained in the new "Consolidated Code" or the existing code may be used interchangeably in the enforcement or prosecution thereof without affecting the validity of same; which interchangeable designations are referenced at the end of each provision of the Consolidated Code and/or on the Code Comparative Tables attached to the Consolidated Code and hereby adopted.
Section 2. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00, imprisonment for a term not exceeding thirty (30) days, or both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Lafayette City-Parish Consolidated Government may pursue all other available remedies such as, but not limited to, abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 3. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 4. Ordinances adopted after September 23, 1999, that amend or refer to ordinances that have been codified in the City and/or Parish Codes of Ordinances shall be construed as if they amend or refer to like provisions of the Code of Ordinances adopted herein, and any references to sections of the former codes shall be automatically revised and amended to reflect the appropriate sections in the adopted Code of Ordinances.
Section 5. Except as set forth in this Ordinance, any law, ordinance or resolution in conflict with provisions of this Ordinance or the Lafayette City-Parish Consolidated Government Code of Ordinances, adopted herein, is hereby repealed to the extent necessary to give effect to this ordinance and to the adopted Code of ordinances.
Section 6. This Ordinance shall become effective immediately upon the signature of the Lafayette City-Parish President, the elapse of ten (10) days after receipt by the Lafayette City-Parish President without signature or veto, or upon an override of a veto, whichever occurs first.
Done, Ratified and Passed this 6th day of June, 2000.