Ordinance Regarding Boats Moored on the Bayou

ORDINANCE
CITY OF NEW ORLEANS
CITY HALL: November 7, 2013
CALENDAR NO. 29,847

AN ORDINANCE to amend and reordain Chapter 170, Article II of the Code of the City of New Orleans by adding Sections 170-62 – 170-67, to prohibit the mooring of boats along Bayou St. John for longer than twenty four (24) hours; to establish impounding and disposal provisions and procedures, and to establi sh fees relative thereto; and to otherwise provide with respect thereto.

WHEREAS, unattended boats collect rainwater that create pools of standing water,making them breeding grounds for mosquitos, which presents a danger to public health ; and
WHEREAS, unattended boats can harbor snakes or vermin, which also presents a danger to public health; and
WHEREAS, unattended boats present a dangerous condition likely to attract children,which could lead to serious injury; and
WHEREAS, unattended boats can be picked up and thrown during severe weatIler,
making them dangerous projectiles that pose a threat to public safety; and
WHEREAS, unattended boats create obstacles that interfere with the Orleans Levee Board District’s ability to maintain the grass along the banks of Bayou St. John, which impacts citizen enjoyment of the bayou.

SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY
ORDAINS, That Sections 170-62 – 170-67 are hereby ordained to read as follows:

“Section 170-62 Overnight mooring of boats prohibited along Bayou St. John.
It shall be unlawful to moor boats for longer than twenty four (24) hours along Bayou St. John or  along the bridges that cross Bayou St. John. For purposes of this Division, “Bayou S1. John”  includes its head at Hagan Avenue to Carrollton Avenue at Esplanade Avenue. Boats found to  be in violation of this Division shall be subject to impoundment.

Section 170-63 Prior notice requirement.
A boat may only be impounded after the owner has been given prior notice by affixing printed information in a conspicuous place on the boat indicating that the boat shall be subject to impoundment unless the boat is moved by the owner or legal possessor by a specific date. The printed notice shall provide the date the notice was posted and the date by which the boat shall be removed. The removal date shall be no sooner than 48 hours after the date of initial posting.

Section 170-64 Impoundment.
Impounded boats shall be held by the City until claimed by the owner or legal possessor or disposed of in accordance with state law governing disposition of surplus municipal movables.
Any owner or legal possessor who seeks to recover an impounded boat shall be required to establish proof of ownership and pay all related impoundment fees at the time of reclamation.

Section 170-65 Impoundment fees.
If any boat is impounded, an impoundment fee of $50 and, after the first 24 hours, a storage fee of $10.00 per day for each day that the boat is impounded shall be assessed upon reclamation.
Total fees, excluding impoundment fee, shall not exceed $150 per boat. All fees generated under this Division shall be retained by the enforcement agency for the purpose of enforcement of this Division.

Section 170-66 Sale or use of abandoned boats.
The City shall retain custody and possession of impounded boats for a period of not less than three months from the date of impoundment, unless reclaimed by the owner or legal possessor.
After such time, the City may sell the impounded boat for fair market value pursuant to state law governing disposition of surplus municipal movables or claim for City use. The purchaser of any unclaimed boat shall not be liable for the impoundment fee or any storage fees accumulated prior to the date of purchase.

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