§ 30-69. Operation of motor vehicles or boats on flooded public streets, roads, highways or bridges.

(a)

No person shall operate any motor vehicle or boat on a street or any portion thereof that is flooded as defined in subsection (b) except as may be allowed by subsection (c), (d), or (e) herein.

(b)

For purposes of this section, "street" shall be construed to include all public streets, roads, highways and bridges. Also, for purposes of this section, a street shall be considered to be flooded when covered by water from the crown or centerline of the street to the top of the curb or edge of the street; or at any time when water covering the surface or any part of the surface of the street extends into:

(1)

The front yard area of properties adjacent to the street, or

(2)

The front property area of any business on the street.

(c)

Notwithstanding any provision of this section to the contrary, only persons residing in homes, apartments or having places of business accessible only by a flooded street may operate vehicles on said street when flooded as defined above, but only if:

(1)

There is no barricade, signs, signals or warnings placed by proper authorities under this article on said street or the portion thereof to be driven upon; and

(2)

Persons operating said vehicles maintain the lowest possible speed required to keep the vehicle moving while on the flooded area of the street and do not create a wake which may cause damage or may aggravate damages to properties, homes or businesses adjacent to the street.

(d)

No person shall in any way tamper with, move, damage or destroy any barricades, signs or signals placed upon any street within the City of Patterson (sometimes called the "city") by any departments of the city, the sheriff's office or any other governmental agency in connection with any such street being flooded. Also, no person shall disobey the instructions, signals, warnings, markings or barricade so placed on any such street which is flooded, unless at the time otherwise directed by a police officer or designated employee of the city, parish or state.

(e)

The provisions of subsection (a) through (d) herein shall not apply to vehicular or boat travel authorized by the parish department of homeland security or emergency management or any law enforcement or emergency vehicles of the city, parish or state.

(f)

The violation of any provision of this section shall be punishable by a fine not exceeding $500.00 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(g)

In addition to any penalty which may be imposed for violation of any of the provisions of this section, any person found to be in violation of any of the provisions of this section shall be deemed to be prima facie at fault and responsible for damages resulting from or connected with said violation; which presumption, however, may be rebutted and overcome by proper demonstration to the contrary.

(h)

In any prosecution charging a violation of this section, proof that the particular vehicle described in the complaint, summons or citation was operated in violation of any of the provisions in this section on a street that was flooded, together with proof that the defendant named in the complaint, summons or citation was at the time of the act the registered owner of such vehicle or operating the vehicle with permission of the owner, shall be prima facie evidence that the defendant was the person who operated the vehicle in violation of the provisions of this section.

(Ord. No. 2018-07-B , 8-7-2018)