§ 36-188. Operation of motor vehicles or boats on public roads, highways or bridges that 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 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 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 and do not create a wake which may cause damage or may aggravate 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 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 markings of any warning sign, signal or barricade so place on any such street which is flooded, unless at the time otherwise directed by a police officer of the state 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 homeland security 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) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment, 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 damages proximately resulting from or connected with said violation, which presumption, however, may be rebutted and overcome by proper demonstration of 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 public road, highway or bridge 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, shall be prima facie evidence that the defendant was the person who operated the vehicle in violation of the provisions of this section.

(Code 1961, § 15-10.1; Ord. No. 15623, § 1, 7-13-83; Ord. No. 20270, § 1, 2-11-98; Ord. No. 21717, § 1, 11-13-02; Ord. No. 22803, § 2, 7-19-06)