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What are City of New Orleans Rules of the Road for Traffic Tickets & Car Accidents?

Rules of the Road are customs and laws codified in the Code of Ordinances , City of New Orleans at Chapter 154, Article V, Division 2.  If you get in a car accident in New Orleans, you may find that the New Orleans Police have ticketed you or one of the other drivers for violating one or more of these laws.    If you suffered personal injuries or property damage in a car accident, you may be facing important legal deadlines. Lavis Law Firm will discuss your claim with you immediately. If we agree to handle your case, we will do so on a contingency fee basis. No fee or costs are owed if there is no recovery. You only pay if we win your case. For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-226-5502 or complete our online form.

RULES OF THE ROAD

Sec. 154-371. – Driving on right side of roadway; exceptions.

(a)  Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1)  When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movements;
(2)  When the right half of a roadway is closed to vehicular traffic while under construction or repair;
(3)  Upon a roadway designated and sign-posted for one-way traffic, or upon a divided roadway.

(b)  Upon all multiple lane highways or roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the circumstances then existing shall be driven in the right-hand lane then available for traffic, except when preparing for a left turn at an intersection or into a private road or driveway, or passing or overtaking a vehicle proceeding in the same direction, if passing on the left side of it.

(Code 1956, § 38-83)

State Law reference— Driving on right side of road; exceptions, R.S. 32:71.

Sec. 154-372. – Passing vehicles proceeding in opposite directions.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main travelled portion of the roadway as nearly as possible.

(Code 1956, § 38-84)

State Law reference— Passing vehicles proceeding in opposite direction, R.S. 32:72.

Sec. 154-373. – Passing a vehicle on the left.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1)  Except when overtaking and passing on the right is permitted, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2)  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(Code 1956, § 38-85)

State Law reference— Passing a vehicle on the left, R.S. 32:73.

Sec. 154-374. – When passing on the right is permitted.

(a)  The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1)  When the vehicle overtaken is making or about to make a left turn;
(2)  Upon a one-way street, or upon a highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles;
(3)  Upon multiple-lane highways and divided highways.

(b)  The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main travelled portion of the highway.

(c)  This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.

(Code 1956, § 38-86; M.C.S., Ord. No. 27365, § 2, 4-20-17)

State Law reference— When passing on the right is permitted, R.S. 32:74.

Sec. 154-375. – Limitations on overtaking on the left on a two-way roadway.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side of roadway is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.

(Code 1956, § 38-87)

State Law reference— Limitations on passing on the left, R.S. 32:76.

Sec. 154-376. – Further limitations on passing on the left.

(a)  No vehicle shall at any time be driven to the left side of the highway under the following conditions:

(1)  When approaching the crest of a grade or upon a curve in the highway, where the driver’s view is obstructed within such distance as to create a hazard if another vehicle might approach from the opposite direction.
(2)  When approaching within 50 feet of or traversing any intersection or railroad grade crossing.
(3)  When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.
(4)  When traffic ahead is stopped, whether or not the reason is apparent, unless directed to do so by a police officer.

(b)  The foregoing limitations shall not apply upon a one-way roadway or a multiple-lane highway.

(Code 1956, § 38-88)

State Law reference— Limitations on passing on the left, R.S. 32:76.

Sec. 154-377. – No-passing zones.

(a)  The city traffic engineer is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous, and may, when appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.

(b)  Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) of this section no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designated to mark such no-passing zones throughout its length.

(Code 1956, § 38-89)

State Law reference— No passing zones, R.S. 32:77.

Sec. 154-378. – Driving on roadways laned for traffic.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

(1)  A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2)  Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction, regardless of the center of the roadway, and drivers of vehicles shall obey the directions on every such sign.
(3)  Lane usage for trucks on U.S. Highway 90 Business. It shall be unlawful for the driver of any multi-axle vehicle or a vehicle of a gross weight per load carrying axle in pounds in excess of 3,500 pounds, except passenger buses and school buses, to drive in the left-hand lane on that section of U.S. Highway 90 Business (Greater New Orleans Mississippi River Bridge) between Camp Street and the West Bank Toll Plaza.
(4)  Lane usage for trucks on Louisiana Avenue. It shall be unlawful for the driver of any multi-axle vehicle or a vehicle of a gross weight per load carrying axle in pounds in excess of 3,500 pounds, including passenger buses and school buses, to drive in the left-hand lane on that section of Louisiana Avenue between the Mississippi River and South Claiborne Avenue except when such vehicles are executing a left-hand turn.

(Code 1956, § 38-90)

State Law reference— Driving on roadway laned for traffic, R.S. 32:79.

Sec. 154-379. – Driving in parking lane not permitted.

Where parking is permitted in a lane of traffic immediately adjacent to the curb, no vehicle shall travel in such lane of traffic except for the purpose of stopping or parking, or for the purpose of making a turn, and when making a turn, only within 50 feet from the intersection where the turn is to be made.

(Code 1956, § 38-91)

Sec. 154-380. – Driving on divided streets.

(a)  Whenever any highway has been divided into two roadways by a median, physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across or within the median, barrier or section, except through an improved opening or at a cross-over or intersection established under authority of this chapter.

(b)  No vehicle shall cross the painted centerline of any multiple-lane highway or street except for the purpose of making a turn.

(Code 1956, § 38-92)

State Law reference— Driving on roadway laned for traffic, R.S. 32:79.

Sec. 154-381. – Operating a vehicle while intoxicated.

(a)  The crime of operating a vehicle while intoxicated is the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance when:

(1)  The operator is under the influence of alcoholic beverages; or
(2)  The operator’s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per 100 cubic centimeters of blood; or
(3)  The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in La. R.S. 40:964; or
(4)  The operator is under the influence of a combination of alcohol and one or more drugs, which are not controlled dangerous substances and which are legally obtainable with or without a prescription, and the label on the container of the prescription drug or the manufacturer’s package of the drug contains a warning against combining the medication with alcohol; or
(5)  The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription, and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

(b)  On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than $300.00 nor more than $1,000.00, and shall be imprisoned for not less than ten days nor more than six months. Imposition or execution of the sentence shall not be suspended unless:

(1)  The offender is placed on probation with a minimum condition that he serve 48 hours in jail, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program; or
(2)  The offender is placed on probation with a minimum condition that he perform four eight-hour days of court-approved community service activities, at least one-half of which shall consist of participation in a litter abatement or collection program; participate in a court-approved substance abuse program; and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this subparagraph shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss as a direct result of lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

The court may order that the offender not operate a motor vehicle during the period of probation, or such longer time as permitted by state law, or such shorter time as set by the court, unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C) and R.S. 32:378.2.

(c)  If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per 100 cubic centimeters of blood, at least 48 hours of the sentence imposed pursuant to paragraph (b) of this section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with paragraph (b)(1) or (b)(2) of this section.

(d)  On a second conviction, notwithstanding any other provision of law to the contrary, regardless of whether the second conviction occurred before or after the first conviction, the offender shall be fined not less than $750.00 nor more than $1,000.00, and imprisoned for not less than 30 days nor more than six months. At least 48 hours of the sentence imposed shall be served without the benefit of parole, probation, or suspension of sentence.

Nothing herein shall prohibit a court from sentencing a defendant to home incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code of Criminal Procedure. Imposition or execution of the remainder of the sentence shall not be suspended unless:

(1)  The offender is placed on probation with a minimum condition that he serve 15 days in jail, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program; or
(2)  The offender is placed on probation with a minimum condition that he performs 30 eight-hour days of court-approved community service activities, at least one-half of which shall consist of participation in a litter abatement or collection program; participate in a court-approved substance abuse program; and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this subparagraph shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss as a direct result of lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

The court shall order that the offender not operate a motor vehicle during the period of probation, or such longer time as permitted by state law, or such shorter time as set by the court, unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C) and R.S. 32:378.2.

(e)  If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per 100 cubic centimeters of blood, at least 96 hours of the sentence imposed pursuant to paragraph (d) of this section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with paragraph (d)(1) or (d)(2) of this section.

(f)  Any offense under this section committed more than ten years prior to the commission of the crime for which the defendant is being tried shall not be considered in the assessment of penalties hereunder.

(g)  Court-approved substance abuse programs provided for herein shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.

(h)  This subsection shall be cited as the “Child Endangerment Law.” When, in addition to the elements of the crime as set forth in subsection (a) of this section, a minor child 12 years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance at the time of the commission of the offense, the execution of the appropriate minimum mandatory sentences provided herein shall not be suspended.

(i)  For the purposes of determining whether a defendant has a prior conviction for violation of this section, the following shall constitute a prior conviction and determination of such shall be made by the court as a matter of law: a conviction under La. R.S. 14:98, vehicular homicide, vehicular negligent injuring, or a conviction under the laws of any state or an ordinance of any municipality, town, or similar political subdivision of another state, which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance.

(Code 1956, § 38-110; M.C.S., Ord. No. 27404, § 1, 5-4-17)

State Law reference— Operating a vehicle while intoxicated, R.S. 14:98; operating a vehicle under the influence of alcoholic beverages, R.S. 32:661.

Sec. 154-382. – Reckless operation of a vehicle.

(a)  Reckless operation of a vehicle is the operation of any motor vehicle, aircraft, watercraft, or other means of conveyance in a criminally negligent or reckless manner.

(b)  Whoever commits the offense of reckless operation of a vehicle shall be fined not less than $50.00 or imprisoned for not less than ten days or both.

(Code 1956, § 38-111)

State Law reference— Reckless operation of a vehicle, R.S. 14:99.

Sec. 154-383. – Careless operation of a vehicle.

Any person who operates any vehicle upon a highway or operates a streetcar upon a highway or neutral ground carelessly, and in disregard to the rights and safety of themselves or others, shall be guilty of careless driving.

(Code 1956, § 38-111.1)

State Law reference— Careless operation of a vehicle, R.S. 32:58.

Sec. 154-384. – Hit and run driving.

(a)  Hit and run driving is the intentional failure of the operator of a vehicle involved in or causing any accident to stop such vehicle at the scene of the accident to give his identity and to render reasonable aid.

(b)  To give his identity, for the purpose of this section, shall mean that the operator of any vehicle involved in any accident shall provide his name, address, and the license number of his vehicle to witnesses present at the accident or shall report the accident to the police immediately.

(c)  Whoever is convicted of hit and run driving shall be fined not less than $50.00 nor more than $300.00 or imprisoned for not less than ten days, or both.

(Code 1956, § 38-112)

State Law reference— Hit and run driving, R.S. 14:100.

Sec. 154-385. – Reporting accidents.

(a)  Any person who, as a principal as defined in this chapter, is involved in a traffic accident occurring on a street of the city, must report such accident to the police department immediately, by the quickest means of communication; provided, however, the accident need not be reported to the police department, where:

(1)  There is no injury or death;
(2)  Total property damage appears not to exceed $500.00;
(3)  Where all vehicles are capable of being driven away from the scene of the accident; and
(4)  Where all principals agree not to call the police department.

(b)  This section shall not waive the provisions of section 154-384.

(Code 1956, § 38-113; M.C.S., Ord. No. 19,275, § 1, 6-17-99)

State Law reference— Accident reports, R.S. 32:398.

Sec. 154-386. – Mandatory movement of vehicles.

(a)  In all accidents, regardless of the amount of damage sustained by either vehicle, where:

(1)  Traffic flow is being impeded by the accident vehicles remaining in position;
(2)  Either or all vehicles are capable of being moved under its own power;
(3)  There is no death or serious injury;

the principals involved whose vehicles are capable of being moved are required to move same to the nearest available parking, emergency or no-traffic lane, provided, said move can be made in safety and without the aggravation of any injuries.

(b)  By this section the principals are directed to remove their vehicles off any bridge, expressway or interstate highway where there is no available parking, emergency or no-traffic lane, or off the exit or entrance ramps of any bridge, expressway or interstate highway to the nearest available parking emergency or no-traffic lane. Any violation of the provisions of this section shall constitute obstruction of traffic.

(c)  In every event, the principals must remain on the scene until the provisions of sections 154-384 and 154-385 have been complied with.

(Code 1956, § 38-113.1)

Sec. 154-387. – Driving on curbs or on neutral grounds prohibited.

Whoever shall drive a vehicle of any description over curbs or upon or over a neutral ground shall be guilty of a misdemeanor.

(Code 1956, § 38-116)

Sec. 154-388. – Off road operation.

(a)  No person shall operate any motor vehicle within 5,000 feet of a residential zoning district and off of a public right-of-way.

(b)  Nothing in this section shall be deemed or construed to prohibit the operation of a motor vehicle off of a public right-of-way as required for ingress to or egress from a public right-of-way or in conjunction with the parking, storing or servicing of such motor vehicle, in a manner not otherwise prohibited by law.

(Code 1956, § 38-117)

Sec. 154-389. – Driving on streetcar tracks.

(a)  The driver of any vehicle proceeding upon any streetcar tracks in front of a streetcar upon such a street shall remove such vehicle from the tracks as soon as practical after a signal from the operator of such streetcar.

(b)  When a streetcar has lawfully entered and is crossing an intersection, no driver of a vehicle shall drive upon or across the car tracks within the intersection in front of such streetcar.

(c)  The driver of a vehicle upon overtaking and passing a streetcar shall not turn in front of such streetcar so as to interfere with or impede its movement.

(Code 1956, § 38-118)

Sec. 154-390. – Following authorized emergency vehicle.

The driver of any vehicle, other than one on official business, shall not follow any authorized emergency vehicle responding to an emergency closer than 500 feet. In the event the authorized emergency vehicle is a piece of firefighting apparatus, no vehicle shall park or be driven into the block wherein the fire apparatus has stopped in answer to a fire alarm.

(Code 1956, § 38-119)

Sec. 154-391. – Crossing fire hose prohibited.

No streetcar or vehicle shall be driven over any unprotected hose of the fire department when laid down on any street, private driveway or streetcar track to be used at any fire or alarm of fire without the consent of the fire department official in command.

(Code 1956, § 38-120)

Sec. 154-392. – Drivers in a procession.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe, and shall obey all traffic laws.

(Code 1956, § 38-121)

Sec. 154-393. – Funeral procession to be identified.

A funeral procession composed of a procession of vehicles shall be identified by the display of an approved pennant by the funeral director in charge on the lead vehicle, and the display of lighted headlights by all vehicles comprising the funeral procession. The pennant device shall be approved by the superintendent of police.

(Code 1956, § 38-122)

Sec. 154-394. – Driving through funeral or other procession.

No driver of a vehicle or motorman of a streetcar shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic control devices, signs or police officers.

(Code 1956, § 38-123)

State Law reference— Following vehicles, R.S. 32:81.

Sec. 154-395. – Restricted access.

No person shall drive a vehicle onto or from any limited-access roadway except at such entrances and exits as are established by public authority.

(Code 1956, § 38-125)

Sec. 154-396. – Objects projecting from rear; red flag or light.

(a)  Any vehicle carrying a pole or other object or material which projects more than four feet from the rear end of such vehicle shall, during the period from sunset to sunrise, display a red light at or near the end of the pole or other object or material so projecting. During the period from sunrise to sunset such vehicle shall display a red flag, the dimensions of which shall not be less than 12 inches square, at or near the end of such pole or other object or material so projecting.

(b)  When one vehicle is towing another, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and such drawbar or other connection shall not exceed 15 feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered.

(c)  No vehicle shall push another vehicle at a speed in excess of 15 miles per hour.

(Code 1956, § 38-129)

State Law reference— Projecting loads on vehicles, R.S. 32:380.

Sec. 154-397. – Opening and closing vehicle doors.

(a)  No person shall open any door of a motor vehicle located on a highway without first taking due precaution to ensure that his act shall not interfere with the movement of traffic or endanger any other person or vehicle.
(b)  No person shall leave any door of a motor vehicle located on a highway open on the side adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.
(c)  No person shall load or unload merchandise or freight from that side of a motor vehicle available to moving traffic in such a manner as to impede the right-of-way of any vehicle travelling in such adjacent moving traffic lane.

(Code 1956, § 38-130; M.C.S., Ord. No. 27365, § 3, 4-20-17)

State Law reference— Opening and closing vehicle doors, R.S. 32:283.

Sec. 154-398. – Unattended or disabled motor vehicle.

(a)  No person driving or in charge of any motor vehicle shall permit it to stand unattended without complying with the following requirements:

(1)  Stopping the motor, locking the ignition, and removing the key.
(2)  Setting the brake.
(3)  Turning the front wheels to the curb or side of the highway when standing on any grade, hill or slope. Failure to comply with any of the above requirements in subsections (1), (2), or (3) of this section when necessary shall constitute a violation of this section.

(b)  If a vehicle is disabled, the person in charge of such vehicle shall not leave it for any length of time longer than necessary to procure aid and repair and shall warn other traffic of the traffic impediment.

(Code 1956, § 38-131)

State Law reference— Stopping, standing or parking outside business or residence districts, R.S. 32:141(B); unattended motor vehicles, R.S. 32:145.

Sec. 154-399. – Obstruction to driver’s view or driving mechanism.

(a)  No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons exceeding three, as to obstruct the view of the driver to the front, sides or rear of the vehicle or as to interfere with the driver’s control of the driving mechanism of the vehicle.

(b)  No passenger in a vehicle shall ride in such a position as to interfere with the view of the driver to the front, side or rear of the vehicle or to interfere with his control over the driving mechanism of the vehicle.

(c)  No person shall drive any vehicle with any nontransparent material upon the windshield, side wings, side or rear windows, other than a certificate or other paper required to be so displayed by law, or permitted by regulation of the state department of highways.

(Code 1956, § 38-132)

State Law reference— Obstruction to driver’s view or driving mechanism, R.S. 32:282.

Sec. 154-400. – Drivers to use reasonable vigilance.

The operator of any vehicle in this city shall maintain a reasonable vigilance at all times while driving, sufficient to avoid collision with another vehicle, pedestrian, or other private or public property.

(Code 1956, § 38-137)

State Law reference— Careless operation of a vehicle, R.S. 32:58.

Sec. 154-401. – Following too closely.

The driver of a motor vehicle shall not follow another vehicle too closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(Code 1956, § 38-138)

State Law reference— Following vehicles, R.S. 32:81.

Sec. 154-402. – Spillage of dirt, garbage, trash, etc.

(a)  It shall be unlawful for any person to operate or cause to be operated any vehicle or other mobile equipment being used for the hauling of earth, waste materials, garbage, trash, or other loose materials, in such manner as to cause or permit the spillage, dropping or casting of any portion thereof upon the streets, sidewalks, or public ways, or in any other manner which would create a nuisance.

(b)  It shall be unlawful for any person to operate or cause to be operated any vehicle or other mobile equipment being used for the hauling of garbage, or trash, unless such garbage or trash is completely covered by a securely fastened tarpaulin, or other similar covering, and unless the tailgate of such vehicle is secured in such manner as to prevent spillage of any portion of the garbage or trash being transported upon the streets, sidewalks, or other public ways.

(Code 1956, § 38-140)

State Law reference— Loads on vehicles; care required thereto, R.S. 32:383.

Sec. 154-403. – Reserved.

Editor’s note— § 154-403 was deleted pursuant to § 2 of Ord. No. 20,261, adopted August 2, 2001, which deleted certain provisions relating to littering of public streets and public property. § 1 of this ordinance amended § 66-282, which pertains to littering, dumping, and dumping of specific materials. Formerly, § 154-403 pertained to the prohibition of littering from motor vehicles, and derived from the 1956 Code, § 38-141.

Sec. 154-404. – Operation on flooded streets.

(a)  It shall be unlawful for any person to operate any motor vehicle or boat on the streets, roads, highways or bridges which are flooded or inundated within this city either (i) in excess of a speed of five miles per hour or (ii) in such a manner as to cause water, waves or wakes to damage property alongside of or adjacent to such streets, roads, highways or bridges at any speed.

(b)  No person shall in any way tamper with, move, damage or destroy any barricades, signs or signals placed upon any streets, roads, highways or bridges within the city by any department of the city government or any other governmental agency in connection with any such street, road, highway or bridge being flooded or inundated, nor shall any person disobey the instructions, signals, warnings or markings of any warning sign, signal, city employee, or barricade so placed on any such street, road, highway or bridge which is flooded or inundated, unless at the time having been expressly so directed by a police officer of the state or city.

(c)  Any person may file an affidavit with the Traffic Court of New Orleans complaining of a violation of this section in accordance with City Code Section 154-142 and R.S. 13:2512.

(Code 1956, § 38-144; M.C.S., Ord. No. 20,904, § 1, 10-17-02)

Sec. 154-405. – Motor vehicles operating in bicycle lanes.

(a)  No person shall operate a motor vehicle in a bicycle lane except as follows:

(1)  To prepare for a turn within a distance of 200 feet from the intersection.
(2)  To enter or leave the roadway onto an alley, private road, or driveway.
(3)  To enter or leave a parking space when parking is permitted adjacent to the bicycle lane.

(b)  Any person operating a motor vehicle upon a bicycle lane in accordance with subsection (a) of this section shall yield the right-of-way to all bicycles and electric mobility aids within the bicycle lane.

(c)  This section shall not prohibit the use of a motorized bicycle in a bicycle lane when the operator travels at no speed greater than what is reasonable or prudent, has due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane and in a manner which does not endanger the safety of bicyclists.

(d)  In case of an emergency, the driver of a motor vehicle may lawfully operate the vehicle in a bicycle lane in accordance with the normal standards of prudent conduct to protect the driver and others from harm. When the emergency ends, the motor vehicle shall not be operated in the bicycle lane.

(M.C.S., Ord. No. 27363, § 1, 4-20-17)

Sec. 154-406. – Limitations on passing bicycles.

The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall exercise due care while the motor vehicle is passing the bicycle and shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle. An operator of a motor vehicle may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.

(M.C.S., Ord. No. 27363, § 1, 4-20-17)

Sec. 154-407. – Harassment of bicyclists prohibited.

It shall be unlawful to harass, taunt, or maliciously throw objects at or in the direction of any person riding a bicycle.

(M.C.S., Ord. No. 27363, § 1, 4-20-17)

Secs. 154-408—154-435. – Reserved

(M.C.S., Ord. No. 27363, § 1, 4-20-17)

 

 

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