§ 12:407. Improper public storage of tires.

(a)

The outdoor storage of tires in stacks and piles is hereby declared to be a nuisance, a factor promoting blight, and a contributing factor to visual clutter in the city and parish.

(b)

The visible storage of five (5) or more tires adjacent to a public road or in an area visible to passers-by from a public road, for any purpose, is hereby declared to be a public nuisance. Creating a nuisance by improper storage of tires shall be punishable as a misdemeanor, with each day of improper storage constituting a separate offense.

(c)

The improper storage of tires as herein defined, shall not be considered as a nuisance under the following circumstances:

(1)

The tires in question are held for sale by a tire or automotive supply store, displayed during operating hours of the establishment, clearly marked as being for sale, and removed from public view when the establishment is closed; or

(2)

The tires are entirely enclosed in a fence, which may be constructed of chain-link wire or other weather and damage resistant materials, including wooden pickets, metal panels, or solid plastic panels.

(d)

The owner of the property on which the tires are found shall be liable for any nuisance created under this part by the improper storage of tires. It shall be an affirmative defense to a charge of nuisance under this part for a land owner if he or she can demonstrate that a lessee of the property has violated the terms of his or her lease by improperly storing tires on the property, in which case, the lessee shall be liable for the creation of the nuisance.

(e)

Whoever violates the provisions of this section shall pay a penalty of one hundred twenty-five dollars ($125.00) for a first violation; and upon a second violation within a two-year period, a penalty of two hundred fifty dollars ($250.00); and upon a third and any subsequent violations within a two-year period, a penalty of five hundred dollars ($500.00).

(Ord. No. 15572, § 1, 9-25-13)