§ 6-103. Violations and penalties.

(a)

Class I violations (major violations):

(1)

The director of citizens' affairs is authorized to and shall revoke a permit of any parade or parade organization if, subsequent to the adoption of this ordinance:

a.

A parade organization, or any other parade, has made a material misrepresentation regarding the nature or scope of an event or activity previously permitted or has violated the terms of previous permits; or

b.

The applicant has not paid any applicable fee or fine or failed to comply with the requirement of section 6-86 entitled "Insurance"; or

c.

An application contains a material misrepresentation or the parade or parade organization has made a material misrepresentation regarding its Carnival/Mardi Gras Parade or other parade; or

d.

The applicant is legally incompetent to contract or to sue or be sued; or

e.

The person or entity on whose behalf the permit application was made has, on any prior occasion, damaged public property on or adjacent to the right-of-way and has not paid in full for said damage or has otherwise outstanding and unpaid debts to the parish; or

f.

The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant or other users of the right-of-way; or

g.

The float parade organization paraded with no bands; or

h.

The float parade organization paraded with less than ten (10) krewe floats. A krewe float must have no fewer than ten (10) riders in order to be counted; or

i.

The float parade organization paraded with fewer than two hundred (200) costumed riders; or

j.

The float parade organization commits four (4) or more Class II violations in any one (1) carnival/Mardi Gras parade season; or

k.

The float or truck parade organization commits a Class II violation(s) in the carnival/Mardi Gras parade season after it has come off of suspension; or

l.

The float or truck parade organization receives two (2) suspensions within a five-year period; or

m.

Any parade or parade organization loses its non-profit status at any time.

(2)

A revocation of a float or truck parade organization's permit eliminates that organization's ability to receive a permit under section 6-75(a) or 6-75(e) respectively. Should the number of parades fall below the maximum number of parades allowable under section 6-75 then said organization may apply for a permit; however, its status is equal to any other new float parade organization that wishes to apply. The issuance of this permit will be governed by section 6-75(b).

(b)

Class II violations (intermediate violations):

(1)

The following violations are declared to be Class II violations:

a.

The float parade organization parade violates the provisions of section 6-82 entitled "floats"; or

b.

The float parade organization parades with less than the number of marching bands required by section 6-80 entitled "bands" with each marching band below the requisite number to be considered a separate violation; or

c.

The float parade organization parades with more than the number of horse groups as set forth in section 6-84 entitled "horses and mules"; or

d.

The float parade organization violates subparagraph (e) of section 6-70 entitled "attire and characterization" pertaining to firearms; or

e.

The truck parade organization violates subparagraph (a) of section 6-95 entitled "truck floats."

f.

The parade organization fails to provide the office with the names and positions of riders as required by and in accordance with section 6-73(c).

(2)

The penalty for any Class II violation shall be five hundred dollars ($500.00) per violation. Each violation constitutes a separate and distinct violation of this subpart.

(3)

For all Class II violations, the director of citizens' affairs shall issue a written notice to the float or truck parade organization of the violation(s). If the violation is not corrected the following year and/or there is another Class II violation by said float or truck parade organization the following year, the float or truck parade organization will have its permit suspended for one (1) year. If the float or truck parade organization commits three (3) Class II violations in any given year, its permit will be suspended for one (1) year. A suspension of a float or truck parade organization's permit will not eliminate the float or truck parade organization's right to apply for a permit to parade in the Carnival/Mardi Gras Parade Season in the year following its suspension. Rather, a suspension will be considered as not parading for reasons beyond the float or truck parade organization's control for the purposes of section 6-75 entitled "number of permits." Should a float or truck parade organization not re-apply in the year following its suspension, the provisions of section 6-75 shall apply.

(c)

Class III violations (minor violations):

(1)

Except as otherwise provided, violations of all other Carnival/Mardi Gras and Other Parades Ordinances shall constitute a Class III violation. The penalty for a Class III violation shall be one hundred dollars ($100.00) for each violation. The director of citizens' affairs shall provide written notice to the parade or parade organization of the violation(s). Each violation constitutes a separate and distinct violation of this subpart.

(2)

A Class III violation of section 6-70(a) shall not occur unless twenty (20) or more participants are not constantly costumed or masked as required throughout the ride. Should it be determined that twenty (20) or more riders are in violation of subsection 6-70(a), a one hundred dollar ($100.00) fine shall be levied against the carnival krewe. Individual riders shall be subject to removal; for each additional group of twenty (20) riders in such violation, a separate fine of one hundred dollars ($100.00) shall be levied.

(d)

Adjudication and appeal. Should the parade, parade organization or parade participant receive a notice of violation they shall be entitled to an administrative adjudication pursuant to section 2.5 et. seq. of the Code of Ordinances.

(e)

Penalty for individuals. Any parade participant who violates any of the provisions of this section may be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months or both, with such fine and imprisonment within the discretion of the court, in accordance with section 1-10 of the Jefferson Parish Code of Ordinances.

(Ord. No. 23544, § 1, 5-6-09; Ord. No. 24479, § 10, 5-15-13; Ord. No. 25688 , § 9, 10-24-18)