Could St. James Parish waive rental fees at one recreation district's park while charging at others?

Plain-English summary

St. James Parish charged rental fees and damage deposits for parks and facilities in its recreation districts under an existing ordinance. The parish asked whether it could waive those charges for District 5 alone. In 2000, the attorney general's office said the council could charge for use and could also waive fees at one district's park while charging at other districts. It identified no law requiring charges at every park.

The office added that the existing ordinance imposed fees and deposits for all the districts. It said the council should amend the ordinance to reflect the District 5 waiver, to avoid a possible conflict with the Louisiana Constitution's restriction on donating public property or value.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Parish council members at the time

The opinion recognized council authority to assess park rental fees and damage deposits. It allowed a District 5 waiver but said the ordinance then in effect should be amended to show it.

Recreation district managers at the time

The office did not require identical fees at every district's park. The question concerned a waiver open to all parish residents using the District 5 facilities.

Park users at the time

The opinion distinguished a lawful fee waiver reflected in an ordinance from ignoring an ordinance that still imposed charges. It did not say the existing fee schedule had already been changed.

Common questions

Q: Did St. James Parish have to charge the same park rental fees in every district?
A: No. The opinion found no law requiring fees at all district parks and allowed a waiver for District 5 alone.

Q: Could the council simply stop collecting District 5 fees under its current ordinance?
A: The opinion said the ordinance then imposed fees and deposits across the districts and should be amended to reflect the waiver.

Q: Why did the opinion call for an ordinance amendment?
A: It identified a possible issue under Article VII, Section 14(A) of the Louisiana Constitution if the parish waived a charge while its ordinance still required one.

Background and statutory framework

R.S. 33:4562 authorized parish recreation districts. St. James Parish's Ordinance 00-14 imposed fees and damage deposits for recreational facilities, with a separate arrangement noted for District 1. The office said the parish could choose a waiver at District 5, but the ordinance's existing terms and the constitutional restriction on donations of public value informed how the waiver should be reflected.

Citations and references

• R.S. 33:4562 (recreation districts)
• Article VII, Section 14(A) of the Louisiana Constitution of 1974 (public funds and property restriction)
• St. James Parish Ordinance 00-14 (fee ordinance described in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0395

Original opinion text

November 17, 2000
OPINION NUMBER 00-395

46-A
Fees and Costs
84
Parishes
90
Police Juries-Powers and Functions
90-A-2
Public Funds-Loan, Pledge or Grants
Mr. Bruce G. Mohon 92-A-A Recreation-Parks and Playgrounds Assistant District Attorney Article VII, Section 14(A) of the Louisiana Constitution of 1974 23rd Judicial District R.S. 33:4562
P. O. Drawer 580
The St. James Parish Council may pass an ordinance assessing rental fees and damage
205 North Airline Avenue deposits for the use of the parks and facilities located within its seven recreation districts.
It may also waive the payment of rental fees within one or more of the parks; however, the
Gramercy, LA 70052
ordinance should be amended to reflect this waiver so as to avoid a violation of Article VII,
Section 14(A) of the Louisiana Constitution of 1974.
Dear Mr. Mohon:

You have requested an opinion of the Attorney General regarding the assessment of fees and damage deposits for the rental of recreational parks and facilities located in St. James Parish (Parish).

You state that the Parish has several recreational districts offering recreational parks and facilities that can be rented and reserved by Parish residents. The Parish Council (Council) recently adopted Ordinance 00-14 which provides, in pertinent part, for the remittance of fees and damage deposits for the rental of these parks and facilities. The fees are uniform at all parks, except in District No. 1 which has its own enabling legislation.

You specifically ask whether it is permissible for the Council to waive fees charged for the use and rental of the park and facilities located within District No. 5, while continuing to impose the fees charged in the other Districts. The effect of this waiver would enable all residents of the Parish to use the park and facilities within District No. 5 without having to remit rental fees or damage deposits.

R.S. 33:4562 provides, in pertinent part, for the creation of recreation districts:

A. The police jury of any parish in the state is authorized and empowered upon its own initiative to form and create recreation district or districts by wards or otherwise and in so doing to divide a parish into one or more recreation districts….

B. Any recreation district created under the provisions of Subsection A of this Section shall constitute a body corporate and shall have the power and right to…enter into contracts and to do and perform any and all acts in its

Page 2

Mr. Bruce G. Mohon,
Assistant District Attorney
23rd JDC
Page: -2-

corporate name which are necessary or proper for carrying out the objects and purposes for which the recreation district is created….

While it would certainly be within the power and authority of the Council to establish and collect fees for the use of its facilities, we are aware of no law or constitutional provision which would require the assessment and collection of such fees at all of its Districts’ parks. Accordingly, it is the opinion of this office that the Council may waive the fees for the park and facilities located within District 5, without waiving the fees for facilities located within the other Districts.

As previously noted, the ordinance in effect imposes fees and damage deposits for all Districts. This ordinance should be amended to reflect the waiver for District No. 5 to avoid a possible violation of Article VII, Section 14(A) of the Louisiana Constitution of 1974. This provision generally prohibits the funds, credit, property or other things of value of the state or of any political subdivision from being loaned, pledged or donated to any person, association or corporation, public or private.

Trusting this adequately responds to your inquiry, I am

Very truly yours,

RICHARD P. IEYOUB
Attorney General

By:
ROBERT E. HARROUN, III
Assistant Attorney General

RPI/REH,3/sfj

Page 3

SYLLABUS
OPINION NUMBER 00-395

46-A Fees and Costs
84
Parishes
90
Police Juries-Powers and Functions
90-A-2 Public Funds-Loan, Pledge or Grants
92-A-A Recreation-Parks and Playgrounds

Article VII, Section 14(A) of the Louisiana Constitution of 1974 R.S. 33:4562

The St. James Parish Council may pass an ordinance assessing rental fees and damage deposits for the use of the parks and facilities located within its seven recreation districts. It may also waive the payment of rental fees within one or more of the parks; however, the ordinance should be amended to reflect this waiver so as to avoid a violation of Article VII, Section 14(A) of the Louisiana Constitution of 1974.

Mr. Bruce G. Mohon
Assistant District Attorney
23rd Judicial District
P. O. Drawer 580
205 North Airline Avenue
Gramercy, LA 70052

DATE RECEIVED:

DATE RELEASED: November 17, 2000

Robert E. Harroun, III
Assistant Attorney General