§ 54-491.1. Prohibited offers to rent property.

(a)

Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1)

Approved list means a current list, by address, of licensed or otherwise approved premises in the city that may lawfully be rented for a period of less than 30 days or, in the case of premises located in the Vieux Carré District, 60 days, maintained and updated regularly by the city, posted on the internet site of the city. The approved list shall be updated at least twice per year by the city.

(2)

Offer to rent means to personally or through an agent, referral service, representative or other person, communicate or advertise, verbally, in writing, or through electronic means, the availability for rental of any premises or portion thereof for living accommodations, or to knowingly allow, commission, authorize, or permit such communication or advertisement.

(3)

Monetary compensation means payment by cash, check, money order or credit card. Monetary compensation shall also include an offer to rent in connection with the purchase of a movable, including, but not limited to, things such as admission tickets to an event or a bag of carnival beads.

(4)

Living accommodations means premises or portions thereof with a bed or beds and bathroom facilities for the use of the person or persons occupying the premises or portion thereof.

(5)

Person means any individual, partnership, corporation, joint limited liability company, trust or other entity: stock association, and includes any trustee, receiver, assignee or personal representative thereof, including but not limited to any booking or reservation service, lawful lessees, and premises owners.

(6)

Lawful lessee means a person with a lease for premises containing living accommodations that is in accordance with the zoning laws of the city.

(7)

Premises owner means a person having lawful ownership title to the premises.

(8)

Premises means the immovable property owned or leased by the premises owner or lawful lessee, as applicable, of which the living accommodations are a part.

(9)

Vieux Carré District shall mean the area bounded by Esplanade Avenue, Iberville Street, the Mississippi River, and Rampart Street. Those premises which are located in the Vieux Carré District and which can be lawfully offered for rent for a period of less than 60 days shall appear on the approved list under the heading "Vieux Carré District".

(10)

Rent means the renting of leasing of a thing as provided in article 2669 et. seq. of Louisiana Civil Code.

(b)

It shall be unlawful for any person to knowingly offer to rent for monetary compensation for a period of less than 30 days or, in the case of premises located in the Vieux Carré District, 60 days, any living accommodations in the city if the premises offered for rent are not lawfully licensed or permitted for such use. It shall be the duty of any person offering to rent premises in the city for a period of less than 30 days or, in the case of premises located in the Vieux Carré District, 60 days, personally or through another person, to ascertain through the approved list or otherwise, whether or not the property offered for rental is lawfully licensed or permitted for such use.

(c)

(1)

An owner, publisher or employee of a newspaper, magazine, or periodical holding a periodicals permit issued by the United States Postal Service shall not be subject to prosecution under the provisions of this section for the publication of an advertisement containing an offer to rent prohibited by this section.

(2)

A person who rents property from a premises owner or lawful lessee who is in violation of this section shall not be deemed to be a principal or accessory to the offense provided herein.

(d)

In any prosecution pursuant to the provisions of this section, a copy of any offer to rent appearing in any periodical or electronic media shall create a rebuttable presumption that the person had knowledge of the offer to rent.

(e)

It shall be the duty of the chief administrative officer to assign responsibility for the enforcement of this section to one or more departments or other agencies of city government.

(f)

Any person who violates the provisions of this section shall receive a written warning regarding such violation. For a second offense, such person shall be fined not less than $500.00. On a third or subsequent conviction of a violation of this section, the offender shall be fined not less than $500.00 and sentenced to not less than 30 days in jail. Notwithstanding anything contained herein, any person offering to rent premises which appear on the approved list published at the time of such offer shall not be subject to prosecution hereunder.

(g)

In addition to the criminal penalties contained herein, it shall be the duty of the city attorney to seek injunctive relief in the civil district court to prevent repeated violations of this section.

(h)

Nothing contained in this section shall be construed to repeal, amend, or modify any zoning, licensing or other ordinance of the city.

(i)

No later than August 1, 2004, the city shall publish the approved list. It shall also be the duty of the chief administrative officer of the city to order the preparation of a semiannual report to the city council stating:

(1)

The names of any person or persons who have been found in violation of this section;

(2)

The number of complaints made under this section;

(3)

The administrative action taken by the city;

(4)

The number of complaints referred to the city attorney's office for prosecution; and

(5)

The outcome or disposition of said referrals. Said report shall be posted on the internet site of the city.

(M.C.S., Ord. No. 21606, § 1, 7-1-04)