Could Waterproof mayor's court hear a speeding citation on a state highway inside town?

Plain-English summary

A state representative asked whether Waterproof mayor's court could hear traffic violations based on Louisiana's Highway Regulatory Act. The AG said mayor's court jurisdiction reached violations of municipal ordinances, not charges under state law itself. A municipality could adopt a nonconflicting traffic ordinance for a state-maintained highway within its corporate limits; a citation under that ordinance could be heard in mayor's court. The opinion left the point where a speed limit changes to the court as a factual question because the AG found no definitive law on that issue.

Currency note

This opinion was issued in 2002. 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.

Common questions

Could the mayor try a state speeding-law violation directly?
No. The opinion limited mayor's court jurisdiction to municipal ordinance violations.

Could town ordinance speeding on a state highway be heard there?
Yes, if the ordinance applied within town limits and did not conflict with state law or regulations.

Did the AG decide exactly where the speed limit changed?
No. It said whether a driver exceeded the limit was a factual question for the court.

Background and statutory framework

The opinion applied R.S. 33:441 for mayor's court jurisdiction and R.S. 32:41 for municipal traffic ordinances. It identified R.S. 32:61 as the state maximum-speed provision discussed.

Citations and references

• R.S. 33:441, on mayor's court jurisdiction.
• R.S. 32:41, on municipal traffic ordinances.
• R.S. 32:61, on maximum speeds.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0101

Original opinion text

DEPARTMENT OF ]USTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335
April 4, 2002
OPlNION 02-0~0]

15 COURTS
71 MUNICIPALITIES
50 HIGHWAY-ROADS
Honorable Kenneth L. Odinet, Sr.
R.S. 33:441; R.S. 32:41(A)(9); R.S. 32:61
State Representative
A mayor’s court only has jurisdiction over violations of municipal ordinances.
932 Angela Street
The Town of Waterproof, a Lawrason Act municipality, may adopt a traffic
ordinance concerning speed limits on state highways within corporate limits
Arabi, Louisiana 70032
provided that the ordinance is not contrary to the speed limit provided by state
law. Such an ordinance is within the jurisdiction of the mayor’s court.
Dear Representative Odinet:

Your inquiry of recent date asks us to determine whether the Mayor’s Court for the Town of Waterproof has jurisdiction to over traffic violations where the provisions of Title 32 of the Louisiana Revised Statutes (the Louisiana Highway Regulatory Act) form the basis of the prosecution.

The Town of Waterproof is a Lawrason Act municipality, and is governed by’ the provisions of R.S. 33:441, which pertinently provides:

(1) Except as provided in Chapter 7 of Title 13, there shall be a mayor’s court in the municipality, with jurisdiction over all violations of municipal ordinances. The mayor may try all breaches of the ordinances and impose fines or imprisonment, or both, provided for the infraction thereof. Notwithstanding any other provision of law to the contrary, the mayor may also impose court costs not to exceed thirty dollars for each offense, as defined by ordinance, on any defendant convicted of a violation of a municipal ordinance. (Emphasis added).

R.S. 33:441 limits the jurisdiction of the Mayor’s Court to violations of municipal ordinances. Thus, the Mayor is not authorized to hear a case involving a violation of state law.

However, R.S. 32:41 permits a municipality to adopt traffic ordinances which are not inconsistent with Title 32 or state regulations. See R.S. 32:41(C).1 Accordingly, the Town of Waterproof could adopt an ordinance providing for a speed limit on state highways within the corporate limits (tracking the language of R.S. 32:612). Offenders

1 R.S. 32:41(C) pertinently provides: "Local municipal authorities also may adopt ordinances regulating traffic on state maintained highways within their corporate limits so long as such ordinances do not establish regulations different from, or in addition to, the provisions of this Chapter and the regulations of the department and the commissioner adopted pursuant thereto .... " 2 R.S. 32:61 defines the maximum speed limit allowed by state law.

Page 2

Honorable Kenneth L. Odinet, Sr.
OPINION 02-0101
Page 2

who are issued a citation for violation of this ordinance would be within the jurisdiction of the Mayor’s Court.

You have also asked this office to determine the point at which a speed limit changes. Our research reflects no definitive law in this area. Whether or not an individual exceeded the speed limit is a question of fact to be determined by the court. Note that local municipalities are empowered by R.S. 32:41(A)(9) to "establish speed limits and speed zones" provided that no speed be permitted in excess of the maximum speed limits established by Chapter 1 of the Louisiana Highway Regulatory Act, R.S. 32:1, et seq.

We hope the foregoing is helpful to you. Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

AS’SI$~’ANT ATTORNEY GENERAL

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