§ 42-1. Highway Regulatory Act adopted.

(a)

Pursuant to the authority conferred by R.S. 32:41(C), the village adopts the provisions of R.S. title 32, chapter 1, (Louisiana Highway Regulatory Act) and all regulations of the state department of transportation and development and the secretary of the Department of public safety and corrections adopted pursuant thereto, which govern the operation of motor vehicles, traffic, and streets, except for such provisions and regulations as are in conflict or inconsistent with this chapter or by their nature can have no application and except as otherwise provided in this Code.

(b)

Violations.

(1)

The first violation of any provisions adopted by this section or any regulation of the department, secretary, and commissioner made pursuant to the Highway Regulatory Act shall be punished by a fine of not more than $175.00, imprisonment for not more than 30 days, or both, unless otherwise specifically provided. A subsequent violation shall be punished by a fine of not more than $500.00, imprisonment for not more than 60 days, or both.

(2)

If the violator is other than an individual, there shall be no imprisonment but a double fine imposed.

(c)

Alleged offenders of this section may promise, in writing, to appear in mayor's court to answer the charge or charges. The written promise to appear shall be accepted in lieu of posting bond or depositing a driver's license.

(d)

Alleged offenders of this section may plead guilty to the alleged offense and pay the fine by mail; however, if the offender fails to pay the fine by mail in advance of adjudication and fails to appear at the time and date indicated on the citation, the mayor's court may impose an additional penalty in an amount not to exceed the amount of the fine for the original violation.

(e)

The provisions of subsections (c) and (d) of this section shall not apply to citations alleging that the operator of the motor vehicle was:

(1)

Operating the motor vehicle under the influence of alcohol or controlled substances.

(2)

Exceeding the speed limit by 15 miles per hour or more.

(3)

Exceeding the speed limit in a school zone.

(4)

Driving with a suspended license.

(5)

Drag racing.

(6)

Cited for failure to maintain compulsory security.

(f)

The provisions of subsections (c) and (d) of this section shall not apply when the operator was involved in an accident in which a person was injured, nor shall those provisions apply when an operator is alleged to have committed the same offense twice within a period of one hour.

(g)

If a person operating a motor vehicle exceeds the speed limit on the portion of a highway which is under active construction and construction workers are on site, or in the process of being repaired and construction workers are on site, the fine shall be an increase of 50 percent of the standard fine imposed.

(Code 2004, § 16.1; Ord. No. 3, 1983)