§ 2.07. Ordinances and Resolutions.

(A)

In addition to such acts of the Parish Council as are required by statute or by this Charter to be by ordinance, the enactment of any law by the Council shall be by ordinance, including but not limited to those which establish a fine or other penalty, provide for the raising of revenue, the expenditure of funds, the contracting of indebtedness, and any act adopted pursuant to agreement with a municipal corporation which would otherwise have required a municipal ordinance. A resolution may be used by the Council for purposes such as a formal expression of will of the Council; to authorize a person or persons to sign legal and financial documents for a project or purpose previously approved by ordinance; and as may be authorized by this Charter. The enacting clause of all ordinances shall be "The Jefferson Parish Council hereby ordains:".

(B)

Every ordinance shall be introduced in writing, and after passage on first reading a summary shall be published in the official newspaper of the parish at least once together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least one week prior to the time advertised for the hearing. No ordinance shall be declared invalid by reason of any defect in publication or title if the published summary gives reasonable notice of its intent.

(C)

At the time and place so advertised, or at any time and place to which such hearing may be adjourned from time to time, all interested persons shall be given an opportunity to be heard with regard to the proposed ordinance.

(D)

After the public hearing, the Council may pass the ordinance with or without amendment. Upon passage of the ordinance by the Council, the ordinance shall be submitted to the President as follows:

(1)

Every ordinance adopted by the Council shall be signed by the presiding officer or the Parish Clerk. The Parish Clerk shall certify to its passage, and it shall be presented to the President within three days after adoption, excluding Saturdays, Sundays and holidays. The Parish Clerk shall record upon the ordinance the date and hour of its delivery to the President.

(2)

Within ten days after the President's receipt of an ordinance, excluding Saturdays, Sundays and holidays, it shall be returned to the Parish Clerk with the President's approval or with the President's veto. The Parish Clerk shall record upon the ordinance the date and hour of its receipt from the President. If the proposed ordinance is vetoed, the President shall attach to the vetoed ordinance a written statement of the reasons for the veto. If the proposed ordinance is not signed or vetoed by the President within ten days after receipt, excluding Saturdays, Sundays, and holidays, it shall be considered adopted. The veto statement shall be published in full in the official journal by the Parish Clerk as soon as practical thereafter. All ordinances vetoed by the President shall be vetoed in full, except that the President shall have the authority to veto individual appropriation items in the ordinances adopting the operating and capital budgets and amendments thereto.

(3)

Ordinances vetoed by the President shall be submitted to the Council by the Parish Clerk no later than the next regular meeting held after publication of the veto statement. Should the Council vote, not later than the second regular meeting held after receipt of the vetoed ordinance, to override the President's veto of the ordinance by the favorable vote of at least two thirds of its authorized membership, said ordinance shall be considered finally enacted and become law irrespective of the veto by the President. The procedure for overriding vetoed ordinances shall also apply to individual appropriation items in the operating and capital budgets vetoed by the Parish President.

(4)

The right of the President to veto as provided in this section shall apply to all ordinances adopted by the Council except ordinances: for reapportionments; for amendments to this Charter; establishing, altering or modifying Council procedure; appropriating funds for auditing or investigating any part of parish government; adopted pursuant to the initiatory and referendum procedures in Section 5.01; emergency ordinances; and, ordinances as may be otherwise exempt by this Charter. The President's veto authority shall not apply to resolutions.

(E)

With the final approval of ordinances, such enacted ordinances shall be published in full or in summary at the Council's discretion in the official journal by the Parish Clerk within ten days after enactment. The effective date of any ordinance shall be prescribed therein, but the effective date shall not be earlier than 10 days after its enactment.

(F)

1.

To meet a public emergency affecting life, health, property or public safety, the Council may adopt an emergency ordinance at the meeting at which it is introduced, provided that no such ordinance may be used to levy taxes or special assessments; grant or extend a franchise; incur debt, except as provided in Section 2.07(F) (4); adopt or amend an official map, platting or subdivision controls or zoning regulations; or change rates, fees or charges adopted by the parish government. Each emergency ordinance shall contain a specific statement describing the emergency.

2.

Any emergency ordinance adopted by the Council shall be presented to the President as soon as possible after its adoption. Before the end of the Council meeting at which an emergency ordinance is adopted, or within one hour of the President's receipt of an emergency ordinance, whichever is longer, it shall be returned to the Council with the President's approval, or with the President's veto. If the emergency ordinance is vetoed, the President shall attach to the vetoed ordinance a written statement of the reasons for the veto. If the proposed ordinance is not signed or vetoed by the President before the end of the Council meeting at which the emergency ordinance is adopted or within one hour of the President's receipt of the emergency ordinance, whichever is longer, it shall be considered adopted. If the emergency ordinance has been adopted, it shall become effective immediately. The Parish Clerk shall record upon the emergency ordinance the dates and hours of its delivery to and receipt from the President. Should the Council vote, not later than one hour after receipt of the vetoed emergency ordinance, to readopt the emergency ordinance by the favorable vote of at least two thirds of its authorized membership, said emergency ordinance shall be considered finally adopted and become law immediately upon readoption, irrespective of the veto by the President. Upon final approval by the President, or the Council in case of a veto by the President, such adopted emergency ordinance shall be published by title in the official journal as soon as practical thereafter.

3.

Emergency ordinances shall be effective for no longer than forty-five consecutive days after final adoption, except that the Council, by the favorable vote of at least two-thirds vote of its authorized membership, may extend the life of the emergency ordinance for a period not to exceed an additional thirty consecutive days.

4.

To meet a public emergency affecting life, health, property or the public safety, the Council may make emergency appropriations. Such appropriations shall be made by emergency ordinance in accordance with the provisions of this Charter. To the extent that there are no available unappropriated funds to meet such appropriations, the Council may by such emergency ordinance borrow money in sums necessary to meet the emergency. The repayment of such sums shall be a fixed charge upon the revenues of the fiscal year next following the fiscal year in which the sums are borrowed.

(G)

Each ordinance and resolution after adoption shall be given a serial number and shall be entered by the Clerk in a properly indexed report kept for that purpose.

(H)

Within two years after adoption of this Charter the Council shall have prepared a general codification of all parish ordinances and resolutions having the effect of law. The general codification thus prepared shall be adopted by the Council in a single ordinance. After adoption the Council shall have the codification printed immediately in an appropriate manner together with the Charter and such rules and regulations as the Council may direct. Additions or amendments to the code shall be prepared, adopted, and printed at least every two years.

(Ord. No. 19100, 6-8-94; Ord. No. 21621, §§ 1, 2, 7, 7-17-02)