Unauthorized Parking Motor Vehicle On Private Property

Posted by & filed under Crimes Defined, Municipal Offenses.

New Orleans Municipal Court Attorney

 

 

What Is Unauthorized Parking Of Motor Vehicle On Private Property?

 

Whenever any motor vehicle without a driver is reported in violation of this section, the officer, upon finding such vehicle shall, at his discretion, either remove the vehicle from the private property to the department pound or take its state vehicle license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle, in writing, a summons on a form provided by the city and this summons shall inform the owner to appear at the municipal court on the date stated, or he may issue a summons and conspicuously affix it to such vehicle and also immobilize such vehicle by installing or attaching a boot and conspicuously affixing to such vehicle a notice, in writing, a form indicating the procedure to obtain the release of such immobilizer.

 

Failure of the owner or his agent to appear in court on the date stated in the summons shall cause the court to issue an attachment for the arrest of the owner of the vehicle that was in violation of this section.

 

What is the Penalty?

The unauthorized parking of motor vehicles on private property is a misdemeanor and the first violation is punishable by a fine of $35.00 and/or imprisonment for a term of  10 days; the second violation is punishable by a fine of $50.00 and/or imprisonment for a term of 20 days; the third and every subsequent violation is punishable by a fine of $100.00 and/or imprisonment for a term of 30 days.

 

In any prosecution charging a violation of this section, proof that the particular vehicle described in the complaint was parked in violation along with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall create a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time during which it was parked without authorization on private property.

 

Elizabeth B. Carpenter, Esq. — Misdemeanor Defense

 

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