§ 86-1. Definitions.  


Latest version.
  • The following definitions of terms shall apply in this chapter and shall define each of said terms as the same may be used in this chapter except as the context may dictate otherwise:

    Abandoned vehicle. A vehicle that has been parked or remains standing, in the street in excess of five days after the owner has been notified. The notification process shall be approved and implemented by the director of traffic and transportation.

    Access card. A card that is issued to a long-term parking permittee that can be inserted into a card reader that will allow access to a Lafayette City-Parish Consolidated Government owned parking facility. Such a card is the property of the Lafayette City-Parish Consolidated Government.

    Adjudication bureau. The body that has jurisdiction in determining responsibility for notices of civil violations provided for in this chapter.

    After hours. Those hours and days other than those falling within the definition of normal work day.

    Authorized emergency vehicle. Fire department vehicles, police vehicles and ambulances that are publicly owned, and such other publicly or privately owned vehicles as are designated authorized emergency vehicles under the provisions of the Louisiana State Vehicle Code.

    Axle. The common axis of rotation of one or more wheels, whether power-driven or freely rotating, whether in one or more segments and regardless of the number of wheels carried thereon.

    Business. Selling, offering to sell or taking orders to sell goods or services, or accepting donations in exchange for goods or services.

    Business district. The territory contiguous to and including a street where, within any 600 feet interval along such street, there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the street.

    Central business district. The streets and portions of streets within the area bounded by Johnston Street, West Congress Street/Second Street, University Avenue and the segment of the railroad track between Second Street and Johnston Street.

    Certificate of mailing. A receipt that shows evidence of mailing.

    Chief. The Lafayette Police Chief, Lafayette Parish Sheriff, University of Louisiana at Lafayette Police Chief, Lafayette City Marshal, Lafayette Park Rangers or their respective designee.

    City. City of Lafayette.

    Commercial vehicle. A vehicle whose primary purpose is for business use, possessing a non-private, commercial, business or equivalent license plate.

    Courtesy vehicle. A vehicle operated by or on behalf of a commercial entity in such a manner that a passenger of such a vehicle is not charged a fee for the provision of transportation.

    Crosswalk. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline and/or a portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

    Cycle. A vehicle propelled solely by human power upon which a person may ride, having two or more tandem wheels, except scooters and similar devices; including bicycles, tricycles and quad cycles.

    Debit device. A card or other device approved and issued by the director for pre-payment of parking meter fees, which is pre-loaded with funds and thereafter used in lieu of cash by the parking customer when utilizing parking meters.

    Delivery vehicle. A vehicle having a commercial or "truck" license plate and permanent (non-magnetic) marking on both sides of the vehicle, bearing the name of the business and which is used primarily to transport or deliver freight.

    Department. The public works department, except for article X, where it shall be the Lafayette Police Department.

    Director. The director of the public works department, or his designee, except for article X, where it shall be the chief of police of the Lafayette Police Department, or his designee.

    Driver. A person who drives and is, or should be in actual physical control of a vehicle.

    Electric vehicle. A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off grid source, that is stored on board for motive purposes.

    Electric vehicle charging station. Equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device on an electric vehicle.

    Fire department. Lafayette Fire Department and/or other volunteer fire department organized and existing within the parish.

    Fire prevention personnel. Employees of the fire department authorized by the director and/or by the fire department to issue civil notice of violations for fire lane and/or handicapped parking violations.

    Footrace or walking event. Any event wherein an organized gathering of people would engage under some type of sponsorship in a footrace or other walking event on a public street with the potential of adversely impacting traffic flow and/or public safety.

    Freight zone. A parking area marked by signs, and reserved for the exclusive use of service vehicles.

    Gross weight. The weight of a vehicle without load plus the weight of a load thereon.

    Handicapped parking stall. A parking area intended for the use by mobility-impaired individuals. The stall consists of the area from the outer edge of the stall stripe to the outer edge of the area striped for wheelchair unloading (if provided separately). It shall be a minimum width of 13 feet, except that one of every eight handicapped parking stalls servicing the same center shall be a minimum of 16 feet wide and have a sign designating it as "van accessible."

    Hazardous material. Has the same meaning as that found in applicable state or federal legislation, as amended from time to time.

    Hearing officer/adjudicator. A licensed attorney designated by the Lafayette City-Parish Attorney who meets the qualifications contained within this chapter.

    Human powered vehicle. A vehicle designed to be moved solely by human power.

    Insufficient funds check. A customer's check returned by the financial institution because of insufficient funds, a closed account, or similar reasons which causes the institution to reject payment.

    Intersection.

    (1)

    The place or area where two or more streets intersect; defined by the trailing edge of stop bars in the direction of vehicle travel or, if no stop bars are present, the area created by the projection of the curb lines through the intersection on curb and gutter streets and/or by the projection of the edge of pavement through the intersection of the crossing streets.

    (2)

    Where a street includes two roadways greater than 30 feet or more apart, then every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection, except where traffic signal equipment has been installed.

    (3)

    The junction of a street with an alley, however, shall not constitute an intersection.

    (4)

    Where a roadway with a stop line, yield line, or crosswalk is designated on the roadway on the intersection approach, the area within the crosswalk or beyond the designated stop line or yield line shall be part of the intersection.

    (5)

    Where a crosswalk is designated on a roadway on the departure from the intersection, the intersection shall include the area extending to the far side of the intersection.

    La. R.S. or R.S. Louisiana Revised Statutes.

    Loading zone. A space reserved for the exclusive use of vehicles during loading or unloading property and/or passengers.

    Long-term parking. Those spaces reserved for the permit holder by agreement in the Lafayette City-Parish Consolidated Government parking garages or other Lafayette City-Parish Consolidated Government parking facilities.

    Medians. The area between opposing travel lanes of a street.

    Motor vehicle. A vehicle driven or drawn by mechanical power and manufactured primarily for use on streets, but does not include a vehicle operated exclusively on a rail or rails.

    Neutral ground. That area between the property line and the traveled surface of the roadway.

    Normal work day. The hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, excluding state holidays as defined at LSA-R.S. 1:55.

    Office of motor vehicles. Louisiana Department of Public Safety, Office of Motor Vehicles, or a similar agency in states other than Louisiana.

    Official traffic-control device. All signs, signals, markings and devices consistent with this chapter or with the state vehicle code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

    Official vehicle, city, parish, state, or federal. A vehicle having a "public" license plate and permanent (non-magnetic) markings on both sides of the vehicle, bearing the name of the official organization or department.

    Parish. That area within the corporate limits of the City of Lafayette together with the unincorporated areas of Lafayette Parish.

    Park or parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers.

    Parking administrator. The division manager of the parking division of the traffic and transportation department of the Lafayette City-Parish Consolidated Government or that person designated by the director to act in administering those sections related to parking and its enforcement.

    Parking control officer. A person authorized by the director to issue notices of civil violation of parking laws or ordinances.

    Parking garage. A multilevel parking facility specifically designed and constructed for the purpose of storing parked vehicles for payment. This includes, but is not limited to, the "Parc-Auto du Centre-Ville" located at 121 East Vermilion Street and the South Buchanan Street Garage located at 815 South Buchanan Street.

    Passenger loading zone. A place reserved for the exclusive use of vehicles receiving or discharging passengers.

    Payment date. The date a violation is paid in person/electronically, or the U.S. Postal Service postmark date on an envelope received with related payments.

    Pedestrian. A person afoot.

    Police or police department. Lafayette Police Department, Lafayette City-Parish Consolidated Government's Parking control officers, the Lafayette Parish Sheriff's Office, Lafayette City Marshal, Park Rangers, and/or University of Louisiana at Lafayette Police, each within their respective jurisdiction.

    Police barricade. Any impediment or structure erected or established by a police officer for crowd or traffic control to prevent and/or obstruct the passage of a person at the scene of a crime, an investigation, a demonstration or a parade area, including, but not limited to, wooden, rope, cable, wire or metal barricades or cordons, the posting of uniformed personnel, or other personnel otherwise identifiable as police officers.

    Police officer. Every duly commissioned police officer authorized to direct or regulate traffic or to make arrests or issue notices of violations of traffic laws or ordinances.

    Prescribed. When a right becomes unenforceable and legal action is thereafter barred.

    Private motor vehicle. Any motor vehicle that is not operating as a licensed passenger carrier.

    Residential area. A continuous or nearly continuous area containing public or private streets or parts thereof where residents dwell as provided in the zoning ordinances of City of Lafayette or, if not zoned residentially, an area where the actual land use is substantially residential.

    Resident motor vehicle. A registered motor vehicle owned or leased by a resident of a residential permit parking area.

    Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder, even though such sidewalk, berm or shoulder may be used by persons riding cycles or other human powered vehicles. In the event a street includes two or more separate roadways, the term "roadway" as used herein shall refer to a roadway separately but not to all such roadways collectively.

    Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and so marked or indicated by official traffic-control devices as to be plainly visible while set apart as a safety zone.

    Scofflaw. A person who violates the law.

    Service vehicle. A vehicle having a commercial or "truck" license plate and permanent (non-magnetic) marking on both sides of the vehicle bearing the name of the business and which carries, or contains, the tools and equipment necessary to complete repair or service work.

    Semi trailer. A trailer having one or more load carrying axles, used with a motor vehicle so that some part of its own weight, and that of its own load, rests on or is carried by the motor vehicle.

    Short-term parking. Those spaces available to the general public, which are not subject to permit agreements, within a parking garage.

    Sidewalk. That paved portion of a street between the curb lines, or the lateral edges of a roadway, and the adjacent property lines, intended for use by pedestrians.

    Sight triangle. A clear area defined where signs, trees, shrubbery, plant material are to be prohibited exceeding 36 inches from adjacent street grade so as to provide a minimum sight distance for vehicle drivers approaching streets which have the designated vehicular right-of-way.

    Special event traffic plan. That plan defined by the director and/or the chief including but not limited to Mardi Gras, festivals and parades.

    Stand or standing. The halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers.

    State vehicle code. La. R.S. Title 32, "Motor Vehicles and Traffic Regulation," (R.S. 32:1, et seq.)

    Stop. Complete cessation of movement.

    Stop or stopping. When prohibited, means halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

    Street. Any street, avenue, boulevard, road, alley, lane, viaduct, or public highway, inclusive of the public right-of-way, which includes, without limitation, the area from the existing curb line and/or edge of pavement to the adjacent privately owned property line on each side of the street.

    Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street for purposes of travel.

    Traffic control devices. Signs, signals, markings, and devices, consistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

    Traffic control signal. A device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

    Traffic crash. A traffic crash occurs when one or more vehicles collide with other vehicles, pedestrians, or traffic, as defined herein, or fixed objects on a street and/or intersection damaging any vehicle, traffic or fixed objects.

    Traffic engineer. The traffic and transportation director, or his designee, who serves as the Lafayette City-Parish Consolidated Government Traffic Engineer.

    Traffic unit. The traffic unit of the police department, or in the event a traffic unit is not established, then said term whenever used herein shall be deemed to refer to the police department.

    Trailer. A structure/unit with wheels and axle(s) without motor power, designed and/or constructed for transporting property, equipment, materials, animals or passengers, drawn or otherwise moved by a motor vehicle, animal or person.

    Through street. A street or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through street in obedience to a stop sign, yield sign, or other official traffic control device, when such signs or devices are erected.

    Truck. A motor vehicle designed and used primarily for drawing other vehicles or for carrying a load.

    Truck route. A street so designated by the traffic engineer for use by a commercial motor vehicle, truck tractor, trailer, semi trailer, or a combination thereof.

    Truck-tractor. A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load drawn.

    Unincorporated area. That area located within the parish that is not included in the legal boundary of incorporated cities and towns within the parish.

    Urban district. The territory contiguous to and including a street that is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.

    Vehicle. A unit with wheels designed or used to transport person or property.

    Violator. An owner, operator or both of a vehicle that has been operated or parked in violation of the prohibitions contained in this chapter.

    Wrecker. A truck or other motor vehicle used for towing, carrying or otherwise transporting any other vehicle which has been wrecked or disabled in any manner, from one place to another for hire, charge, fee or compensation or for any benefit amounting to a consideration.

    Wrecker operator. Any person, firm, partnership, corporation or association engaged in the business of providing wrecker and towing service and/or providing facilities for the storage of motor vehicles in the city and/or parish.

(Ord. No. O-025-2006, § 1, 3-7-06; Ord. No. O-127-2011, § 1, 6-7-11; Ord. No. O-052-2012, § 2, 3-20-12; Ord. No. O-149-2012, § 2, 7-17-12; Ord. No. O-236-2014, § 1, 12-2-14; ; Ord. No. O-116-2017, §§ 2—4, 7-11-2017)