New Orleans Health Department 
Regulations Governing 
Public Place/Right-of-Way Obstructions 
 
I. 

Draft 11.1.18 
 
 
 
 

Authority.  Pursuant  to  Section  4-107(3)  of  the  Home  Rule  Charter  of  the 

City of New Orleans, Section 2-1000 of the City Code, Section 146-493 of the City 
Code, and Chapter 82 of the City Code, the Department of Health of the City of 
New Orleans proposes the following regulations relative to public place/right-ofway obstructions, including but not limited to regulations on notice, clearing and 
cleaning  of  the  affected  areas,  the  storage  of  certain  personal  property  of 
affected citizens, and monitoring of affected areas. 
II. 

Applicability.  These regulations shall apply when either: 

(1) 

A public right-of-way is deemed to be obstructed pursuant to Section 146493 of the City Code; or  

(2) 

A public health advisory has been issued pursuant to Chapter 82 of the City 
Code,  as  well  as  Title  51  of  the  Louisiana  Administrative  Code,  Part  V, 
Section 303. 

III. 

Notice.  
 
 
 
 
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 (1)  

Draft 11.1.18 
 
 
 
 

In the event enforcement actions are intended to be undertaken pursuant 
to  City  Code  Section  146-493  (Section  II  (1)  hereinabove),  notice  to  those 
affected  by  the  planned  enforcement  action  shall  be  provided  by  the 
Department of Health or other city agency as follows: 
(a) 

Unless  permanent  signs  are  posted  pursuant  to  subpart  (b)  herein, 
temporary  signs  using  the  template  attached  hereto  as  Exhibit  “A” 
shall  be  posted  twenty  four  (24)  hours  prior  to  commencement  of 
any enforcement actions and/or cleaning.  In addition to temporary 
signage, in any area not affixed with permanent signage notice shall 
additionally  be  placed  on  unattended  personal  property  in  the 
affected area 24 hours prior to commencement of any enforcement 
actions and/or cleaning.    

(b)      Alternatively,  permanent  signage  can  be  placed  in  areas  that  are 
subject  to  routine  cleaning.    Routine  cleaning  shall  be  defined  as 
cleaning  the  same  area  at  least  once  a  week  at  regular  intervals. 
Permanent signage shall be  in writing, using the template attached 
hereto  as  Exhibit  “B”.    Areas  with  permanent  signage  are  exempt 
 
 
 
 
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 from 

the 

temporary 

signage 

requirement 

Draft 11.1.18 
 
 
 
 

unless 

enforcement/cleaning occurs not in compliance with the posted sign.  
 
(2) 

 

In the event enforcement actions are intended to be undertaken pursuant 
to  the  issuance  of  a  public  health  advisory  (Section  II  (2)  hereinabove), 
notice  to  those  affected  by  the  planned  enforcement  action  shall  be 
provided by the Department of Health or other city agency as follows: 
(a) 

Notice  shall  be  in  writing,  using  the  template  attached  hereto  as 
Exhibit “C”. 

(b) 

Such  notice  shall  be  issued,  posted,  and  distributed  in  and 
immediately  surrounding  the  affected  area,  with  the  first  of  such 
notices being so issued, posted, and distributed at least twenty four 
(24) hours prior to commencement of any enforcement actions. 

(c) 

Such notice shall be placed on or affixed to any unattended personal 
property located in the affected area. 

IV. 

Storage of Personal Property Remaining in Affected Areas. 

 
 
 
 
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 (1) 

Draft 11.1.18 
 
 
 
 

Prior  to  enforcement  actions,  any  personal  property  remaining  in  the 
affected  areas  that  is    free  of  pest  infestations,  not  otherwise  a 
health/safety risk; and not trash/refuse, shall be seized and removed by the 
Department  of  Sanitation  (Department  of  Public  Works  in  the  case  of 
vehicles) or other appropriate city agency and stored in/at a designated city 
facility for a period of at least sixty (60) days in order to afford the owner(s) 
of such personal property a reasonable opportunity to claim said property 
upon  producing  adequate  proof  of  ownership.  Citizens  may  utilize  the 
“Storage  of  Personal  Belongings”  form  attached  hereto  as  Exhibit  “D”  to 
describe  the  items  to  be  stored  and  to  facilitate  their  claim  to  ownership 
thereof. 

(2) 

In the event such personal property is not claimed by its rightful owner(s) 
within  the  sixty  (60)  day  time  period  cited  hereinabove,  the  city  may 
dispose of such unclaimed personal property in whatever manner may be 
deemed appropriate.  

V. 

Monitoring. 

 
 
 
 
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 (1) 

Draft 11.1.18 
 
 
 
 

In the event a public health advisory has been issued relative to a subject 
area,  at  the  conclusion  of  enforcement  actions  and  cleanup  (pursuant  to 
Sections  III  (2),  and  IV  hereinabove),  signage  will  be  posted  to  provide 
notice  that  citizens  may  not  enter  the  area  and  police  barricades  may  be 
installed around the affected areas by the New Orleans Police Department 
(NOPD)  or  other  appropriate  city  agency  in  order  to  secure  the  affected 
areas and deter citizens from entering said areas. 

(2) 

As  long  as  said  signage  remains  in  place,  NOPD  and/or  other  appropriate 
city agencies may monitor the site to ensure that citizens are not entering 
thereon while the area may still pose a public health threat. 

 
 
 
 
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