CODE OF ORDINANCES WEST BATON ROUGE PARISH, LOUISIANA
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Published in 2007 by Order of the Parish Council
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Adopted: December 13, 2007
Effective: January 1, 2008____________
CURRENT OFFICIALS
of the
PARISH OF WEST BATON ROUGE, LOUISIANA
Riley L. Berthelot, Jr.
Parish President
District I Rep. Kirk Allain District II Rep. Chris "Fish" Kershaw District III Rep. Naomi Fair District IV Rep. Ricky Loupe District V Rep. Charlene Gordon District VI Rep. Phil Porto, Jr. District VII Rep. and Chairman Gary Spillman District VIII Rep. and Vice Chairman Barry Hugghins District IX Rep. Edward G. Robertson Parish Council Council Clerk Michelle Tullier Executive Assistant Jason Manola Director-Dept. of Finance Phillip Bourgoyne Director-Dept. of Revenue
& TaxationMelanie M. David Director-Dept. of Utilities Daryl "Turf" Babin Director-Dept. Parks
& RecreationAnatole Vincent Public Works Director Kevin Durbin Legal Counsel Lou Delahaye Officials OFFICIALS
of the
PARISH OF WEST BATON ROUGE, LOUISIANA
AT THE TIME OF THIS RECODIFICATION
Riley "Pee Wee" Berthelot, Jr.
Parish President
District I Rep. Randal Mouch District II Rep. and Vice Chairman Jeff "Petit" Kershaw District III Rep. Keith K. Washington, Sr. District IV Rep. Dantin Leblanc District V Rep. Curtis Anderson District VI Rep. Huey Brown District VII Rep. Harlan Cashiola District VIII Rep. and Chairman Larry Johnson District IX Rep. Betty Nelson Parish Council Council Clerk Sharon Zito Executive Assistant Wayne Delapasse Director-Dept. of Finance Phillip Bourgoyne Director-Dept. of Revenue & Taxation Roger Bergeron Director-Dept. of Utilities Daryl "Turf" Babin Director-Dept. Parks &
RecreationReginald Williams Public Works Director Kevin Durbin Legal Counsel Lou Delahaye Special Legal Counsel Tony Clayton Officials PREFACE
This Code constitutes a recodification of the general and permanent ordinances of West Baton Rouge Parish, Louisiana.
Source materials used in the preparation of the Code were the 1973 Code, as supplemented through February 8, 2007, and ordinances subsequently adopted by the parish 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 1973 Code, as supplemented, and any ordinance included herein.
The chapters of Part II, Code of Ordinances, have been conveniently arranged in alphabetical order. The chapters of Part III, Unified Development Code, have been arranged in logical order for the convenience of users of that portion of this volume. The various sections within each chapter have been provided catchlines 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 or, in Part III, by using the decimal system. Care should be taken that the alphabetical arrangement of chapters in Part II 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 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER 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 Daniel F. Walker, Code Attorney, and Ellen K. Torof, 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 Kevin Durbin and Sharon Zito 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 parish readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the parish's affairs.
ORDINANCE NO. 54 of 2007
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE PARISH OF WEST BATON ROUGE, LOUISIANA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; 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, EXCLUDING PART III UNIFIED DEVELOPMENT CODE, CHAPTER 101 GENERAL PROVISIONS, CHAPTER 104 ZONING, CHAPTER 106 SITE PLANNING, CHAPTER 111 ADMINISTRATION AND ENFORCEMENT
BE IT ORDAINED BY THE PARISH COUNCIL:
Section 1. The Code entitled "Code of Ordinances, West Baton Rouge Parish, Louisiana," published by Municipal Code Corporation, consisting of chapters 1 through 111, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before August 23, 2007, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. 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, or imprisonment not greater than 30 days, or both. Each act of violation and each day upon which any such violation shall continue or 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 parish may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code, when passed in such form as to indicate the intention of the parish 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 6. Ordinances adopted after August 23, 2007, which amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This ordinance shall be effective January 1, 2008.
THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective January 1, 2008 pursuant to Section 2-12(C) of the Home Rule Charter.
NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety.
NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable.
The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote:
YEAS: 7 (Messrs. Washington, Mouch, LeBlanc, Anderson, Kershaw, Brown, Cashiola)
NAYS: 0 (None)
ABSENT: 2 (Mr. Johnson, Mrs. Nelson)
WHEREUPON the ordinance was declared to be adopted on the 15th day of November, 2007.
ATTEST:
/s/ Sharon Zito
Sharon Zito
Council ClerkCERTIFICATE
I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.
I further certify that the above and foregoing is a true and correct copy of an ordinance as adopted by the West Baton Rouge Parish Council in regular session on the 15th day of November, 2007.
I further certify that the above and foregoing ordinance was submitted to the Parish President at 10:50 o'clock AM on the 16th day of November, 2007.
IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 16th day of November, 2007.
/s/ Sharon Zito
Sharon Zito
Council ClerkPRESIDENT APPROVAL OR VETO
I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 16th day of November, 2007.
/s/ Riley Berthelot, Jr.
Riley Berthelot, Jr.
Parish PresidentCOUNCIL CLERK RECEIPT CERTIFICATE
I certify that the above and foregoing ordinance was received from the Parish President at 2:25 o'clock PM on the 16th day of November, 2007.
/s/ Sharon Zito
Sharon Zito
Council ClerkORDINANCE NO. 58 of 2007
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE PARISH OF WEST BATON ROUGE, LOUISIANA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; 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 INCLUDING CHAPTER 101 GENERAL PROVISIONS, PART III UNIFIED DEVELOPMENT CODE, CHAPTER 104 ZONING, CHAPTER 106 SITE PLANNING, CHAPTER ADMINISTRATION AND ENFORCEMENT
BE IT ORDAINED BY THE PARISH COUNCIL:
Section 1. The Code entitled "Code of Ordinances, West Baton Rouge Parish, Louisiana," published by Municipal Code Corporation, consisting of chapters 1 through 111, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before August 23, 2007, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. 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, or imprisonment not greater than 30 days, or both. Each act of violation and each day upon which any such violation shall continue or 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 parish may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code, when passed in such form as to indicate the intention of the parish 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 6. Ordinances adopted after August 23, 2007, which amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This ordinance shall be effective January 1, 2008.
THEREFORE BE IT ORDAINED by the West Baton Rouge Parish Council, that this ordinance shall become effective January 1, 2008 pursuant to Section 2-12(C) of the Home Rule Charter.
NOW THEREFORE BE IT FURTHER ORDAINED by the West Baton Rouge Parish Council, that all other ordinances or parts of ordinances in conflict herewith are hereby repealed in their entirety.
NOW THEREFORE BE IT FURTHER ORDAINED by the Parish Council of the Parish of West Baton Rouge, Louisiana, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not effect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items, or applications of this ordinance are hereby declared severable.
The foregoing ordinance having been submitted to a vote was adopted by the following yea or nay on roll call vote:
YEAS: 9 (Messrs. Washington, Mouch, LeBlanc, Anderson, Johnson, Kershaw, Brown, Cashiola, Mrs. Nelson)
NAYS: 0 (None)
WHEREUPON the ordinance was declared to be adopted on the 13th day of December, 2007.
ATTEST:
/s/ Sharon Zito
Sharon Zito
Council ClerkCERTIFICATE
I, Sharon Zito, hereby certify that I am the duly qualified Council Clerk of the West Baton Rouge Parish Council.
I further certify that the above and foregoing is a true and correct copy of an ordinance as adopted by the West Baton Rouge Parish Council in regular session on the 13th day of December, 2007.
I further certify that the above and foregoing ordinance was submitted to the Parish President at 11:00 o'clock AM on the 14th day of December, 2007.
IN FAITH WHEREOF witness my official signature and the impress of the official seal of the West Baton Rouge Parish Council, Louisiana, on this 14th day of December, 2007.
/s/ Sharon Zito
Sharon Zito
Council ClerkPRESIDENT APPROVAL OR VETO
I, Riley Berthelot, Jr., Parish President, West Baton Rouge Parish, State of Louisiana, hereby approve the foregoing ordinance on the 17th day of December, 2007.
/s/ Riley Berthelot, Jr.
Riley Berthelot, Jr.
Parish PresidentCOUNCIL CLERK RECEIPT CERTIFICATE
I certify that the above and foregoing ordinance was received from the Parish President at 9:15 o'clock AM on the 18th day of December, 2007.
/s/ Sharon Zito
Sharon Zito
Council Clerk