Who could remove signs posted illegally on Jefferson Parish public property?

Plain-English summary

Representative Jim Tucker asked who could remove signs from Jefferson Parish public property under the parish's sign ordinance. The 2002 Attorney General opinion read the ordinance as prohibiting signs on the listed public locations and assigning removal of signs placed in violation of that provision to two parish departments: inspections and code enforcement, and parkways. The AG concluded that other people or groups lacked authority under that provision to remove the signs unless the ordinance changed.

The opinion noted that a sign placed in violation of the ordinance was treated as abandoned and subject to immediate removal and disposal by one of the named departments once it knew the sign's location. It did not identify a time period a sign had to remain in place before removal.

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 a private person remove a sign placed illegally on Jefferson Parish public property?
The AG said the ordinance named only the two parish departments as authorized to remove those signs. It did not give other people or groups removal authority under that provision.

Which departments did the ordinance name?
It named the department of inspections and code enforcement and the department of parkways.

Did the sign have to sit for a period before the parish could remove it?
No waiting period appears in the quoted provision. The opinion said a sign placed in violation of the ordinance was considered abandoned and subject to immediate removal and disposal by the named departments once they knew where it was.

Background and statutory framework

The opinion quoted Jefferson Parish Code of Ordinances Section 32-1(a), which barred the listed signs on parish highways, rights-of-way, streets, and other listed locations, except as otherwise provided by law. It then quoted Section 32-1(b)(1), which designated the two removal departments. The body of the opinion discusses illegally placed signs; the extract's headnote contains inconsistent wording about “legally placed” signage, so this summary follows the quoted ordinance and the opinion's conclusion.

Citations and references

• Jefferson Parish Code of Ordinances Section 32-1(a) (sign prohibition quoted in the opinion)
• Jefferson Parish Code of Ordinances Section 32-1(b)(1) (removal authority quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0144

Original opinion text

DEP^RTMENT OE ~UST~CE
PUBLIC PROTECTION DIVISION

RICHARD P. IEYOUB 70825 ONE AMERICAN PLACE
ATTORNEY GENERAL
301 MAIN ST, SUITE 1250
TELEPHONE (225) 342-7900
JUL 0 1 2002
FAX (225) 342-7901
Opinion No. 02-0144

OPtNION NO. 02-0144
The Honorable Jim Tucker 90-B-1 PUBLIC LANDS
Representative, District 86
Jefferson Parish code of Ordinances, Chapter 32
Once again, the ordinance is clear and unambiguous as
732 Behrman Highway, suite C-2
to the only ent=ties which are permitted to remove such
Terrytown, Louisiana 70056
signage. Thus, it would appear that the Jefferson Parish
Council intended to limit the authority for removal of legally placed signage. Absent a change to this
Dear Rep. Tucker: provision, other persons or groups of persons have no
authority to remove the above-mentioned signs.

You have asked for an opinion regarding the interpretation of Jefferson Parish Code of Ordinances, Chapter 32 regarding the removal of signs placed on public property.

Section 32-1 (a) of the Jefferson Parish Code of Ordinances contains a very specific prohibition and provides as follows:

Except as otherwise provided by law, it shall be unlawful for any person to erect or maintain upon any parish highway, right-of-way, servitude, street, roadway, emergency lane, median, neutral ground, shoulder of a road, curb and/or sidewalk any sign, marker, placard, poster, notice, light, signal light, warning or direction sign, or any sign bearing any commercial advertising.

A search of the Code of Ordinances as well as the Revised Statutes has not provided an applicable definition of "Abandoned Property". However, the language of the ordinance is clear and unambiguous and acts as a strict prohibition against any sign on public property, regardless of the length of time which it is placed. Therefore, the mere existence of a sign is prohibited.

Section 32-1(b) (1) of the Jefferson Parish Code of Ordinances provides the authority for removal of such illegal signs as follows:

Any sign, marker, signal light, advertisement, bill poster or dodger, that is posted, placed or painted on any parish highway, right-of-way, servitude, street public building, curbing of gutters, flagging, gutterstone, telephone, telegraph or any utility pole or post in violation of the

Page 2

Representative Jim Tucker
OPINION NO. 02-0144
Page 2
foregoing section shall be considered abandoned and therefore subject to immediate removal and disposal by the department of inspections and code enforcement or by the department of parkways as soon as possible after either of those departments is made aware of the location of such signs on public property. (emphasis added)

Once again, the ordinance is clear and unambiguous as to the only entities which are permitted to remove such signage. Thus, it would appear that the Jefferson Parish Council intended to limit the authority for removal of illegally placed signage. Absent a change to this provision, other persons or groups of persons have no authority to remove the above mentioned signs.

Very Truly Yours,

RICHARD P. IEYOUB
Attorney General

By:
H. Baer
Assistant Attorney General