reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1724. Administrative penalties

RS 32:1724 - Administrative penalties
A.(1) Any person who fails to comply with any provision required by this Chapter shall forfeit all claims for towing services and storage of such vehicles and shall be subject to an administrative fine. Each day's failure to make such a report as required hereunder shall constitute a separate offense.
(2) The administrative fine for each violation of this Chapter, or of the regulations adopted pursuant thereto, shall not exceed the sum of five hundred dollars.
B. In accordance with the rules and regulations adopted pursuant to the Administrative Procedure Act, administrative fines shall be assessed by the deputy secretary of the Department of Public Safety and Corrections and payable to the Louisiana Towing and Storage Dedicated Fund Account.
Acts 1989, No. 522, §1; Acts 2019, No. 103, §1; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1726. Abandoned automobiles; stored or in possession of dealer or repairman; right to sell; procedure

RS 32:1726 - Abandoned automobiles; stored or in possession of dealer or repairman; right to sell; procedure
A. Whenever any vehicle of a type subject to registration in this state has been stored or left in possession of a motor vehicle dealer or repairman for repair or otherwise and the same has not been claimed after a vehicle has been placed in storage as a result of nonpayment, the repair shop shall make the notifications required in R.S. 32:1719 and R.S. 32:1720.
B. After a period of forty-five days from the notice required in R.S. 32:1720 and no payment of the cost of storage or repair has been made for that period, the motor vehicle dealer or repairman with whom the vehicle has been left for storage or repair may dispose of it and collect the charges and cost of storage and cost of repair in the manner set forth in R.S. 32:1728. The charges and cost for storage shall not exceed any maximum charge set by the Public Service Commission for storage services pursuant to its legal authority under R.S. 45:180.1, or as otherwise provided by law.
Acts 1989, No. 522, §1; Acts 2001, No. 496, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1727. Hearings

RS 32:1727 - Hearings
A. The owner of any vehicle that was stored by a public agency shall have the right to an administrative hearing to determine if towing and storage of said vehicle was proper. The owner of the vehicle must make a request for a hearing within ten days of the date that the owner notification is mailed as described in R.S. 32:1720 to the agency that had the vehicle towed.
B. The hearing shall be conducted by the public agency authorizing the tow or other body authorized to do so within three business days after receipt of the request for a hearing.
Acts 1989, No. 522, §1; Acts 2001, No. 1097, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1728.4. Procedure for disposal of vehicles with no record of ownership; out-of-country vehicles

RS 32:1728.4 - Procedure for disposal of vehicles with no record of ownership; out-of-country vehicles
A. After complying with the provisions of R.S. 32:1719(A), if the department or its authorized agent cannot obtain owner information on a stored vehicle, the department or its authorized agent shall furnish the storage or parking facility owner a copy of the original request for a stored vehicle card which was filed for the stored vehicle with a letter indicating that no ownership information could be found.
B. Within ten business days of the date the department or its authorized agent sends the information required in Subsection A of this Section to the storage or parking facility owner, the storage or parking facility owner shall publish an advertisement in the official journal of the locality where the stored vehicle is located on two separate occasions. The advertisement shall contain the following information:
(1) The make and identification number of the stored vehicle.
(2) The name and physical address of the storage or parking facility where the stored vehicle is located.
(3) Notice that if all current outstanding charges against the stored vehicle are not paid and the stored vehicle is not claimed by the owner within fifteen calendar days from the last date of publication of the advertisement, the storage or parking facility owner may apply for a permit to sell or permit to dismantle the stored motor vehicle.
C. Prior to issuance of the permit to sell or permit to dismantle the stored vehicle, the storage or parking facility owner shall provide the department with the following information:
(1) A copy of the original request for stored vehicle information sent to the department or its authorized agent and a copy of the letter returned from the department or its authorized agent indicating no ownership information could be found on the stored vehicle.
(2) Original proof of publication from the newspaper with a copy of the advertisement which contains all of the information required in Subsection B of this Section.
(3) One appraisal on the stored vehicle which contains the make, model, vehicle identification number, and the printed name, address, and full signature of the appraiser. A photograph of the vehicle shall be affixed to the appraisal.
(4) A completed and notarized hold harmless affidavit stating no ownership information could be found.
(5) An affidavit of physical inspection completed by a Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer, who has been trained and certified by the Department of Public Safety and Corrections, office of state police, to inspect motor vehicles.
Acts 2001, No. 1097, §1; Acts 2014, No. 19, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1729. Waiver of fee; disposal of law enforcement storage

RS 32:1729 - Waiver of fee; disposal of law enforcement storage
After complying with the provisions of this Chapter, a tow truck owner or operator may obtain from the department, without the payment of fees otherwise required by R.S. 32:728, a permit to sell or permit to dismantle in order to dispose of a vehicle, which he removed, pursuant to a request from a law enforcement agency, as an abandoned vehicle or from the scene of an accident.
Acts 1989, No. 522, §1; Acts 2001, No. 1097, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1730. Proceeds of sale; disposition of

RS 32:1730 - Proceeds of sale; disposition of
All funds received from the sale of a vehicle under this Chapter shall be set aside into separate accounts by the person making the sale and he shall deduct therefrom the full amount due and owing him for the storage and other charges, which shall be at the customary rates charged for such service, together with the costs of appraisal and advertisement, the balance, if any, to be credited on the books of such person to the credit of the owner for six months from the date of the sale; provided, however, that if the funds so credited are not claimed by the owner within the time specified herein they shall be deemed forfeited to the person making the sale, who may credit such funds to his own account free and clear of all claims.
Acts 1989, No. 522, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1731. Louisiana Towing and Storage Dedicated Fund Account

RS 32:1731 - Louisiana Towing and Storage Dedicated Fund Account
All fees and fines collected pursuant to the provisions of this Chapter shall be paid into the state treasury on or before the twenty-fifth day of the month following their collection and, in accordance with Article VII, Section 9 of the Constitution of Louisiana, shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated therefrom to pay all obligations secured by the full faith and credit of the state which become due and payable within each fiscal year, the treasurer shall pay an amount equal to the total amount of funds paid into the treasury into a special statutorily dedicated fund account, which is hereby created in the state treasury and designated as the "Louisiana Towing and Storage Dedicated Fund Account", hereafter referred to as the "account". All funds collected or received pursuant to this Chapter and deposited in the account shall be administered by the deputy secretary of public safety services. The account shall be used solely to fund personnel positions and the activities and enforcement of this Chapter by the office of state police and only in the amount appropriated by the legislature with all remaining funds to be deposited in the state general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.
Acts 1989, No. 522, §1; Acts 2001, No. 856, §1; Acts 2021, No. 114, §7, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1732. Third party surcharges

RS 32:1732 - Third party surcharges
Whenever a motor vehicle is towed to a location other than a facility owned and operated by the tow company, the surcharge levied by the third party receiving the motor vehicle shall not exceed twenty-five percent of the amount charged for the initial tow of the vehicle, including other related towing charges such as storage and administration fees.
Acts 1992, No. 1089, §1; Acts 2001, No. 400, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1733. Fees charged for towing; certain parishes

RS 32:1733 - Fees charged for towing; certain parishes
A. When, in parishes with a population of three hundred thousand or more, an individual parks a vehicle on private property and the owner or lessee of that property requests a towing company to remove and store the parked vehicle, the fee charged by the towing company shall not exceed the towing fee which the local governing authority would have charged had the vehicle been towed for a violation while parked on public property.
B. If the towing company charges an excessive fee, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees, and all costs of court.
Acts 1997, No. 349, §1; Acts 2011, 1st Ex. Sess., No. 9, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1734. Gate fees; other fees; excessive charges; prohibitions; cause of action

RS 32:1734 - Gate fees; other fees; excessive charges; prohibitions; cause of action
A. A towing or storage company that assesses gate fees shall assess a fixed fee in an amount determined by the Public Service Commission.
B. If the towing or storage company charges a gate fee in excess of the amount fixed by the Public Service Commission, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees, and all costs of court.
C. For the purposes of this Section, a "gate fee" shall mean a charge assessed by a towing or storage company for releasing a towed vehicle before or after normal business hours.
D. No towing or storage company shall charge a fee for the retrieval of contents from a stored or towed vehicle during normal business hours. However, a towing or storage company may charge a fee in an amount determined by the Public Service Commission for the retrieval of contents from a stored or towed vehicle at a time other than during normal business hours. If the towing or storage company charges a fee in violation of this Subsection, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees and all costs of court.
E. For purposes of this Section, "normal business hours" of any towing or storage company shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays.
F. The administrative and mailing fees for filing the Official Report of Stored Vehicles for in-state and out-of-state notifications shall be determined by the Public Service Commission.
Acts 1999, No. 532, §1; Acts 2001, No. 856, §1; Acts 2010, No. 837, §1; Acts 2021, No. 206, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1735. Driver's selection of licensed tow company; law enforcement rotation list; minimum requirements; removal from rotation list

RS 32:1735 - Driver's selection of licensed tow company; law enforcement rotation list; minimum requirements; removal from rotation list
A. When a law enforcement officer determines that a motor vehicle must be towed, the law enforcement officer shall give the owner or operator of the motor vehicle the option to select a licensed towing company to tow his vehicle. If the owner or operator of the motor vehicle is unable to select a licensed towing company, chooses not to select a particular licensed towing company, or an emergency situation requires the immediate removal of the vehicle, the next available licensed towing company on the approved law enforcement rotation list shall be called by the law enforcement officer to tow the vehicle.
B. The towing company selected by the owner or operator of a motor vehicle or the law enforcement officer shall be allowed to respond to the call within forty-five minutes. If the towing company fails to respond within forty-five minutes, the law enforcement officer may select the next available towing company from the approved rotation list.
C. Law enforcement agencies may establish a rotation list of towing companies with tow trucks licensed in accordance with the provisions of R.S. 32:1716. However, prior to a tow truck company's participation on a law enforcement agency's rotation list, the tow truck company shall comply with the provisions of R.S. 45:164 and 180.1. The Department of Public Safety and Corrections, office of state police, shall establish minimum standards, rules, and procedures for participation in a rotation list which shall be approved by the House and Senate transportation, highways, and public works committees prior to their adoption. Any local law enforcement agency may adopt minimum standards consistent with the office of state police rules or comply with the standards established by the office of state police.
D. No law enforcement officer shall recommend to the vehicle owner or operator a specific tow company to conduct a tow. All tows shall be referred to the law enforcement rotation list or the authorized contractor for the law enforcement agency. When the owner or operator exercises their option to select the tow company, such selection shall be duly noted on the tow invoice or the law enforcement record of the incident.
Acts 1999, No. 961, §1; Acts 2001, No. 513, §1; Acts 2003, No. 80, §1; Acts 2008, No. 429, §1, eff. June 21, 2008; Acts 2012, No. 806, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1735.1. Motor vehicle holds; storage requirements; notification; payment of storage costs

RS 32:1735.1 - Motor vehicle holds; storage requirements; notification; payment of storage costs
A. Any law enforcement agency may place a hold on a vehicle stored at a licensed storage facility for up to fourteen calendar days.
B. A law enforcement agency may request extension of a hold placed pursuant to Subsection A of this Section. In order to extend a hold, the law enforcement agency shall notify the storage facility in writing prior to expiration of the initial hold. If the law enforcement agency does not request extension of such hold, the storage facility shall release the vehicle to its owner upon payment by such owner of all towing and storage charges to the storage facility, provided that the storage facility has complied with the provisions of R.S. 32:1719 and 1720.
C. When a law enforcement agency extends its hold pursuant to Subsection B of this Section, the law enforcement agency may remove the vehicle to a designated impound lot.
D. When a law enforcement agency extends its hold pursuant to Subsection B of this Section and elects to continue storage of the motor vehicle at the storage facility, the law enforcement agency shall be responsible for payment of the storage facility's charges during the requested hold extension period; however, the owner of the motor vehicle shall be responsible for payment of the storage facility's towing and storage charges during the initial law enforcement hold period.
E. Upon judicial determination of no probable cause, a law enforcement agency shall release its hold on the impounded vehicle.
F. Upon judicial determination of guilt of an offense pursuant to Titles 14, 32, or 40 of the Louisiana Revised Statutes of 1950, for which law enforcement placed a hold on his vehicle, the owner of an impounded vehicle shall be liable for payment of all towing and storage costs.
Acts 2010, No. 949, §1.
2023 Louisiana Laws › Revised Statutes › Title 32 - Motor Vehicles and Traffic Regulation › §32:1801. Repealed by Acts 2014, No. 830, §3.

CHAPTER 18. LOUISIANA TRANSPORTATION INFRASTRUCTURE BANK
§§1801 through 1806.
Note: New Chapter 18, to be comprised of Sections 1801 - 1806, was to be enacted by Acts 2014, Acts 830, §1, effective subject to Section 3 of Acts 2014, No. 830. Section 3 of Act 830 reads as follows:
Section 3. This Act shall take effect and become operative if and when the proposed amendment of Article VII, Sections 10.3, 14, and 27 of the Constitution of Louisiana contained in the Acts which originated as House Bill Nos. 628 and 629* of this 2014 Regular Session of the Legislature are adopted at the statewide election to be held on November 4, 2014, and become effective.
* House Bill 628, amending La. Const. Art. VII, Section 14(B) became Act 873, authorizing capitalization of a state infrastructure bank, effective pending vote November 4, 2014. House Bill 629, amending La. Const. Art. VII, Sections 27 and 10.3, providing for deposit of excess mineral revenues into the Transportation Trust Fund in order to capitalize a state infrastructure bank, failed to become enacted.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:2. Filing of petition; certification; forwarding to governor

RS 33:2 - Filing of petition; certification; forwarding to governor
A. When the proponents of the petition for incorporation believe they have the signatures of at least twenty-five percent of the electors residing in the area, they shall file the petition with the registrar of voters for the parish or parishes in which the unincorporated area is located.
(1) If the unincorporated area is located in one parish, the registrar of voters for that parish shall determine if twenty-five percent or more of the electors residing in the area proposed for incorporation have signed the petition.
(2) If the unincorporated area is located in more than one parish, each registrar of voters shall determine the number of electors residing in the area proposed for incorporation and the number of electors who have signed the petition. In such cases, the registrars of voters shall confer to determine which one has the most electors residing in the area proposed for incorporation. The registrar of voters of the parish with the most electors shall combine his calculations with those of other registrars of voters to determine if the required twenty-five percent of electors have signed the petition.
(3) The required percentage shall be determined on the basis of the number of electors on the rolls of the registrar of voters or registrars of voters at the time the petition was filed with a registrar of voters.
B. If the registrar of voters determines that less than twenty-five percent of the electors have signed the petition, the proponents of the incorporation shall have an additional sixty days within which they can obtain additional signatures to the petition to meet the twenty-five percent requirement. If they fail to obtain the required percent of signatures within sixty days, no petition for incorporation of all or a part of the area proposed for incorporation under this Subpart shall be circulated for two years after the expiration of the sixty-day period.
C. If the registrar of voters determines that the required twenty-five percent of electors have signed the petition, upon the initial presentation or upon the expiration of the sixty-day period for obtaining additional signatures, the registrar of voters shall issue a certificate stating that twenty-five percent or more of the electors residing in the area proposed for incorporation have signed the petition. The registrar of voters shall forward this certificate to the governor.
Acts 1984, No. 536, §1, eff. Sept. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5. Appellate review

RS 33:5 - Appellate review
A. Any person or governmental entity that filed a petition contesting the proposed incorporation as provided in R.S. 33:4 may appeal a district court order granting the incorporation within the time and in the manner provided by law.
B. Any elector residing in the area proposed for incorporation or any person owning land in the area proposed for incorporation may appeal a district court order denying incorporation of the area within the time and in the manner provided by law.
Acts 1984, No. 536, §1, eff. Sept. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:6. Officers of newly incorporated municipality

RS 33:6 - Officers of newly incorporated municipality
The governor shall appoint all the officers of a newly incorporated municipality, who shall give bond as required. Such officers shall hold office until, the next general municipal election and until their successors take their oaths of office.
Acts 1984, No. 536, §1, eff. Sept. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:7. Applicability of Subpart

RS 33:7 - Applicability of Subpart
A. The provisions of this Subpart shall apply to every municipality incorporated on or after September 1, 1984.
B. The provisions of this Subpart shall not be applicable in testing the validity of the corporate existence of a municipality incorporated prior to September 1, 1984. All municipalities incorporated prior to September 1, 1984, shall have such validity tested according to the law in effect at the time of their incorporation.
Acts 1984, No. 536, §1, eff. Sept. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:8. Ordinance adopting new name

RS 33:8 - Ordinance adopting new name
A. The municipal governing authority may adopt an ordinance adopting a new name for the municipality and shall submit a certified copy of such ordinance to the governor. The governor shall approve the new name unless he determines that the new name is the same as or so similar to the name of another municipality in the state of Louisiana that the new name would cause considerable confusion.
B. Upon approval by the governor of the name change, the municipal governing authority shall publish the ordinance once in a newspaper of general circulation in the municipality. Upon entry of the ordinance and of a certified copy of this notice in the minutes of a meeting of the governing authority, the change of the name of the municipality shall be effective.
Acts 1984, No. 536, §1, eff. Sept. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:21. Official seal, insignia, symbol, emblem, coat of arms, or logo

RS 33:21 - Official seal, insignia, symbol, emblem, coat of arms, or logo
A. If a local governmental subdivision by ordinance or resolution adopts an official seal, insignia, symbol, emblem, coat of arms, or logo which contains its name or which contains any device, depiction, or inscription which identifies the local governmental subdivision, no person shall use such official seal, insignia, symbol, emblem, coat of arms, or logo without the written consent of the local governmental subdivision or authorized public official.
B. Any person who violates the provisions of this Section shall be fined not more than five hundred dollars for each violation.
Acts 1997, No. 833, §1, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:31. Cellular telephone usage in motor vehicles; state preemption

RS 33:31 - Cellular telephone usage in motor vehicles; state preemption
Regulation of operator or passenger use of cellular telephones and other electronic communications devices in a motor vehicle is exclusively reserved to and preempted by the state. No local governmental subdivision shall enact or enforce any charter provision, ordinance, resolution, or other provision regulating the use of cellular phones or other electronic communications devices in a motor vehicle.
Acts 2003, No. 281, §1, eff. June 10, 2003.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:41. Illegal contracts

RS 33:41 - Illegal contracts
A. Any contract awarded or executed, or purchase made in violation of R.S. 14:118 (public bribery), and where a conviction has been obtained, shall be null and void and shall not be enforced in the courts of this state. However, in instances where the contract or purchase agreement encompasses a service or commodity that is of a vital need to or for the public, a court may allow a limited transition period to enable the local government authority to secure an alternative source for the service or commodity.
B.(1) Pursuant to Subsection A, the local government authority that is a party to the contract or purchase agreement shall apply, in its name, through an attorney of its choosing, to a court of competent jurisdiction for an order or injunction to restrain the misapplication of funds or the execution or performance of any contract or purchase order made on its behalf in contravention of law, or which was procured by fraud or corruption.
(2) In the event the attorney chosen by the local government authority fails to apply for the order or injunction required by Paragraph (1) of this Subsection, within ninety days following a conviction, the district attorney shall apply for such order or injunction on behalf of the local government authority.
Acts 2010, No. 450, §1, eff. June 22, 2010.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:81. §§81, 82 Repealed by Acts 1984, No. 536, §3, eff. Sept. 1, 1984.

RS 33:81 - §§81, 82 Repealed by Acts 1984, No. 536, §3, eff. Sept. 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:101. Definitions

RS 33:101 - Definitions
For the purpose of this Subpart, the following terms are defined as follows:
(1) "Master plan" means a statement of public policy for the physical development of a parish or municipality adopted by a parish or municipal planning commission.
(2) With regard to municipalities, certain terms are defined as follows:
(a) "Municipality" includes any incorporated city, town, or village.
(b) "Chief executive" means the mayor or corresponding officer of a municipality, whatever his title.
(c) "Local legislative body" means the mayor and board of aldermen, the commission council, or other governing body of a municipality.
(3) "Planning commission" means an official planning commission appointed in accordance with the provisions of this Subpart. It shall denote either a parish planning commission, or a municipal planning commission, as the case may be. The term "parish or municipality as the case may be", when appropriate to the context, relates to the respective jurisdictions or functions of a parish planning commission with regard to the parish for which it is established and of a municipal planning commission with regard to the municipality for which it is established; or, when appropriate to the context, relates to the rights and remedies which the respective parish or municipality may exercise to enforce the provisions of this Subpart.
(4) "Streets" and "roads" includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, and other ways.
(5)(a) "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development, and, with regard to parishes, for the purpose of sale or of building development for purposes other than agricultural. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
(b) "Resubdivision", in addition to being synonymous with "subdivision", means and shall also include the consolidation of two or more lots, plats, tracts, parcels, or other divisions of land into one or more lots, plats, tracts, parcels, or other divisions of land.
Acts 1990, No. 699, §1, eff. July 20, 1990; Acts 2004, No. 859, §1, eff. July 12, 2004.
NOTE: See Acts 2004, No. 859, §2, relative to applicability of Act.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:101.1. Subdivision approval a legislative function

RS 33:101.1 - Subdivision approval a legislative function
Except as otherwise provided in this Subpart, the act of approving or disapproving a subdivision plat is hereby declared a legislative function involving the exercise of legislative discretion by the planning commission, based upon data presented to it; provided that any subdivision ordinance enacted by the governing authority of a parish or municipality or the acts of the planning commission, or planning administrator shall be subject to judicial review on the grounds of abuse of discretion, unreasonable exercise of police powers, an excessive use of the power herein granted, or denial of the right of due process. The right of judicial review of a subdivision ordinance shall not be limited by the foregoing, however, nothing contained in this Subpart or in any subdivision ordinance adopted by a parish or municipality shall be construed as imposing upon such parish or municipality a duty, special or otherwise, to or for the benefit of any individual person or group of persons.
Acts 1990, No. 699, §1, eff. July 20, 1990.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:102. Grant of power to parishes and municipalities

RS 33:102 - Grant of power to parishes and municipalities
Every parish and every municipality may make, adopt, amend, extend, add to, or carry out official plans as provided in this Subpart, and may create by ordinance a planning commission with the powers and duties as provided by this Subpart, and may appropriate funds for the commission.
Acts 2004, No. 859, §1, eff. July 12, 2004.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:102.1. Regulation of amateur radio antennas

RS 33:102.1 - Regulation of amateur radio antennas
A. No parish or municipality may enact or enforce an ordinance or regulation that is in conflict with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or other federal regulations related to amateur radio service, including 47 C.F.R. Part 97.
B. If a parish or municipality adopts an ordinance or regulation involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance or regulation must:
(1) Reasonably accommodate amateur communications.
(2) Represent the minimal practicable regulation to accomplish the parish's or municipality's legitimate purpose.
(3) Not limit the height of an antenna or its supporting structure to less than twenty feet above the maximum height allowed for any structures or buildings located in the zone or district where the antenna is located under applicable codes, regulations, or ordinances. The provisions of this Paragraph shall not apply to historic districts.
Acts 1999, No. 1325, §1; Acts 2012, No. 630, §1, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:103.1. Training requirements; commission and advisory board members

RS 33:103.1 - Training requirements; commission and advisory board members
A. All appointed members of parish and municipal planning commissions and of advisory boards to such commissions, including boards of zoning adjustment, shall receive at least four hours of training in the duties, responsibilities, ethics, and substance of the positions held or to be held, either prior to taking office or no later than one year after office is assumed. All training shall be approved by the parish or municipal planning commission or advisory board.
B. The provisions of this Section shall only apply to members appointed to such boards and commissions on or after July 12, 2004.
Acts 2004, No. 859, §1, eff. July 12, 2004.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:104. Organization, meetings, and rules

RS 33:104 - Organization, meetings, and rules
A. A commission shall elect a chairman from its membership and create and fill such other of its offices as it may determine. The term of chairman shall be one year, with eligibility for reelection. A commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.
B.(1) Notwithstanding the provisions of Subsection A of this Section, a commission located in any municipality with a population of not less than six thousand one hundred twenty-five persons and not more than six thousand five hundred persons according to the latest federal decennial census may cancel a monthly commission meeting if there are no items to be placed on the agenda for the meeting. The commission shall provide notice to the public that the meeting is cancelled no less than five days prior to the scheduled meeting by placing a notice of cancellation in the official journal of the municipality in which the commission is located and by posting a copy of such notice on the door of the building in which the meeting is to be held and via the internet on the official website of the municipality in which the commission is located.
(2) Notwithstanding the provisions of Subsection A of this Section, the Washington Parish planning commission may cancel a monthly meeting if there are no items to be placed on the agenda for the meeting. The commission shall provide notice to the public that the meeting is cancelled no less than five days prior to the scheduled meeting by placing a notice of cancellation in the official journal of the parish and by posting a copy of such notice on the door of the building in which the meeting is to be held and on the official website of the parish.
Acts 2014, No. 268, §1; Acts 2019, No. 98, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:105. Staff and finances

RS 33:105 - Staff and finances
A commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding civil employees of the parish or municipality, as the case may be. A commission may also contract with planning experts, engineers, architects, and other consultants for such services as it may require. The expenditures of a commission, exclusive of those made from funds received by gift, shall be within the amounts appropriated for the purpose by the local legislative body, which shall provide the funds, equipment, and accommodations necessary for a commission's work.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:106. General powers and duties

RS 33:106 - General powers and duties
A.(1) A parish planning commission shall make and adopt a master plan for the physical development of the unincorporated territory of a parish.
(2) A municipal planning commission shall make and adopt a master plan for the physical development of the municipality.
B.(1) Any such plan shall provide a general description or depiction of existing roads, streets, highways, and publicly controlled corridors, along with a general description or depiction of other public property within the jurisdiction that is subject to the authority of the commission.
(2) Any such plan, with the accompanying maps, plats, charts, and descriptive matter may include a commission's recommendations for the development of the parish or municipality, as the case may be, including, among other things, the general location, character, and extent of railroads, highways, streets, viaducts, subways, bus, street car and other transportation routes, bridges, waterways, lakes, water fronts, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces; the general location of public buildings, schools, and other public property; the general character, extent and layout of public housing and of the replanning of blighted districts and slum areas; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, communication, power, transportation, and other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities, or terminals.
C. As the work of making the whole master plan progresses, a commission may from time to time adopt and publish a part or parts thereof, any such part to cover one or more major sections or divisions of the parish or municipality, as the case may be, or one or more of the aforesaid or other functional matters to be included in the plan. A commission may from time to time amend, extend, or add to the plan.
D. Where a municipal planning commission has been established under the authority of this Subpart, it shall also serve as a municipal zoning commission, and when acting as such, it shall hold separate meetings with separate minutes and records.
Acts 2004, No. 859, §1, eff. July 12, 2004.
NOTE: See Acts 2004, No. 859, §2, relative to applicability of Act.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:106.2. West Baton Rouge Parish Planning Commission; applicability

RS 33:106.2 - West Baton Rouge Parish Planning Commission; applicability
The provisions of this Subpart shall not apply to the planning commission of West Baton Rouge Parish to the extent that such provisions are in conflict with the provisions of the West Baton Rouge Parish Home Rule Charter and any ordinances adopted pursuant to such home rule charter provisions.
Acts 2000, 1st Ex. Sess., No. 137, §1, eff. April 19, 2000.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:107. Purposes in view

RS 33:107 - Purposes in view
In the preparation of such plan, a parish planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the parish, with due regard to its relation to neighboring territory and to the relation of unincorporated territory in the parish to incorporated territory therein.
In the preparation of such plan a municipal planning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and its environs.
A plan shall be made with the general purpose of guiding and accomplishing a co-ordinated, adjusted, and harmonious development of the parish or municipality, as the case may be, and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, the adequate provision of public utilities and other public requirements, and in the case of a municipal planning commission, vehicular parking.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:108. Procedure of commission; adoption of plan

RS 33:108 - Procedure of commission; adoption of plan
A. A commission may adopt a plan as a whole by a single resolution or may by successive resolutions adopt successive parts of a plan, said parts corresponding with major geographical sections or divisions of the parish, in the case of a parish planning commission, or of the municipality, in the case of a municipal planning commission, or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto.
B. Before the adoption of a plan or any such part, amendment, extension, or addition, a commission shall hold at least one public hearing thereon. A parish planning commission shall give notice of the purpose, time, and place of the public hearing by one publication in a newspaper of general circulation throughout the parish at least ten days prior to the date set for the hearing. A municipal planning commission shall give notice of the purpose, time, and place of the public hearing by one publication in a newspaper of general circulation in the municipality at least ten days prior to the date set for the hearing.
C. The adoption of a plan or of any such part or amendment or extension or addition shall be by resolution of a commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by a commission to form the whole or part of a plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission.
D. Certified copies of a summary of the plan or part thereof shall be filed with the division of administration, with the local legislative body and with the clerk of court of the parish, except in the parish of Orleans where certified copies of said plan shall be filed with the Commission Council of the city of New Orleans and recorded with the register of conveyances for the parish of Orleans.
Amended by Acts 1952, No. 458, §1; Acts 1968, No. 288, §2; Acts 2004, No. 33, §1; Acts 2012, No. 49, §1, eff. May 11, 2012.
NOTE: See R.S. 13:1211 et seq.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:109. Legal status of official plan

RS 33:109 - Legal status of official plan
A. Whenever a commission has adopted a master plan of a parish or municipality, as the case may be, or one or more major sections or districts thereof and has filed certified copies thereof as provided in R.S. 33:108, no street, square, park or other public way, ground, or open space, or public building or structure, or public utility, whether publicly or privately owned, shall be constructed or authorized in the parish or municipality, as the case may be, or in such planned section or district until the location, character, and extent thereof has been submitted to and approved by the commission. In case of disapproval, the commission shall communicate its reasons to the local legislative body which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. However, if the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing same, fall within the province of the local legislative body, then the submission to a planning commission shall be by the board, commission, or body having such jurisdiction, and a planning commission's disapproval may be overruled by such board, commission, or body by a vote of not less than two-thirds of its membership. The failure of a commission to act within sixty days from and after the date of official submission to a commission shall be deemed approval.
B. Whenever a parish or municipal planning commission has adopted a master plan, the governing authority of such parish or municipality shall consider such adopted master plan before adopting, approving, or promulgating any local laws, ordinances, or regulations which are inconsistent with the adopted elements of the master plan.
Acts 2004, No. 859, §1, eff. July 12, 2004.
NOTE: See Acts 2004, No. 859, §2, relative to applicability of Act.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:109.1. Relationship between local master plans and the plans of the state and other political subdivisions

RS 33:109.1 - Relationship between local master plans and the plans of the state and other political subdivisions
Whenever a parish or municipal planning commission has adopted a master plan, state agencies and departments shall consider such adopted master plan before undertaking any activity or action which would affect the adopted elements of the master plan.
Acts 2004, No. 859, §1, eff. July 12, 2004.
NOTE: See Acts 2004, No. 859, §2, relative to applicability of Act.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:110. Miscellaneous powers and duties of commission

RS 33:110 - Miscellaneous powers and duties of commission
A commission may promote public interest in and understanding of a plan and to that end may publish and distribute copies of a plan or of any report and may employ such other means of publicity and education as it may determine. Members of a commission, when duly authorized by a commission, may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation, and a commission may, by resolution spread upon its minutes, pay the reasonable traveling expenses incident to such attendance. A commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall consult and advise with public officials and agencies, public-utility companies, civic, education, professional, and other organizations, and with citizens with relation to the protecting or carrying out of a plan. A commission may accept and use gifts for the exercise of its functions. All public officials shall, upon request, furnish to a commission, within a reasonable time, such available information as it may require for its work. A commission, its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, a commission shall have such powers as may be necessary to enable it to fulfill its functions, promote planning, and in all respects carry out the purposes of this Sub-part.