§ 22-9. Prohibiting motor vehicles and/or boats from traveling on public roads, highways or bridges which are flooded.

(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, 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 also extends into the front yard area of properties adjacent to the street. Also, for purposes of this section "street" shall be construed to include all public streets, roads, highways and bridges.

(c)

Notwithstanding any provision of this section to the contrary, persons operating vehicles in emergency situations in an attempt to protect life or property or persons residing in homes or apartments or having places of business accessible only by a flooded street may operate vehicles on said street, but only if (1) there is no barricade placed by proper authorities under this article across said street or portion thereof to be driven upon; and (2) persons operating said vehicles maintain the lowest possible speed, not to exceed five (5) miles per hour, required to keep the vehicle moving while on the flooded area and do not create a wake which causes damage or aggravates damages to properties 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 parish by any department of the parish, the police department, the sheriff's office or any other governmental agency in connection with any such street being flooded; nor shall any person disobey the instructions, signals, warnings or marking of any warning sign, signal or barricade so placed on any such street which is flooded, unless at the time otherwise directed by a police officer of the state, city, or parish.

(e)

The provisions of subsection (a) or (d) herein shall not apply to vehicular or boat travel authorized by the parish department of civil defense or emergency management or any law enforcement or emergency vehicles when necessary for the preservation and protection of life or property.

(f)

The violation of any provision of this section shall be punishable by a fine not exceeding five hundred dollars ($500.00), within the discretion of the court.

(g)

In addition to any criminal 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 damage proximately resulting from or connected with said violation, which presumption, however, may be rebutted and overcome by proper demonstration to the contrary.

(h)

All law enforcement agencies, officials and compliance officers of this parish are authorized and empowered to enforce compliance of the provisions of this section.

(Ord. No. 6564, § I, 2-27-02)

State law reference

Broad authority to enact ordinances to regulate the traffic on all public roads, R.S. 33-1236(28)