§ 1-9. General penalty; continuing violations.  


Latest version.
  • (a)

    In this section, the term "violation of this Code" means any of the following:

    (1)

    Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code, or by rule or regulation authorized by ordinance.

    (2)

    Failure to perform an act that is required to be performed by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code or by rule or regulation authorized by ordinance.

    (3)

    Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance, by statute adopted by reference in this Code, by state rule or regulation adopted by reference in this Code or by rule or regulation authorized by ordinance.

    (b)

    In this section, the term "violation of the Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

    (c)

    Unless a higher penalty is otherwise specified, whenever in this Code or in any ordinance or resolution of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution the doing of an act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance or resolution shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 30 days, or by both such fine and imprisonment, within the discretion of the court. Each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.

    (d)

    In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of the provision of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be abated by the city as provided by law; and each day that such condition continues shall be regarded as a new and separate offense.

(Code 1968, § 1-8; Ord. No. 487, 3-1-1988)

State law reference

Penalty for ordinance violations generally, R.S. 33:362(A)(2)(b), 33:1236(25).