Obsolete Ordinances

Let's clean them out not just joke.

Obsolete and Uncontitutional

The ordinance banning Fortunetellers is just one of the obsolete ordinances still on the books. We don't need a railroad speed limit either, for example. But this one is unconstitutional and could get the town sued if anyone tried to enforce it in any way. 

Repeal Ordinance

ORDINANCE NO. ______ AN ORDINANCE REPEALING SECTION 7-502 OF CHAPTER 5 OF TITLE 7 OF THE ABITA SPRINGS CODE OF ORDINANCES REGARDING FORTUNE-TELLING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Section 7-502 of the Code of Ordinances of the Town of Abita Springs prohibits the practice of fortune-telling within the municipal boundaries when carried on as a business for money; and

WHEREAS, Section 7-502 relies on former Louisiana Revised Statute R.S. 33:401(A)(5) as its state statutory reference, which authority was formally repealed by the Louisiana Legislature via Acts 1985, No. 890; and

WHEREAS, federal and state jurisprudence, including Adams v. City of Alexandria, 878 F. Supp. 2d 685 (W.D. La. 2012), has established that blanket municipal bans on fortune-telling, tarot reading, and divination violate the free speech guarantees protected by the First Amendment of the United States Constitution and Article I, Section 7 of the Louisiana Constitution; and

WHEREAS, the Mayor and Board of Aldermen desire to update, modernize, and clean up the Town’s Code of Ordinances to remove unconstitutional, preempted, and obsolete provisions;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Abita Springs, Louisiana, in legal session convened, that:

SECTION 1: REPEAL OF SECTION 7-502 Section 7-502 (Fortune-telling) of Chapter 5 of Title 7 of the Code of Ordinances of the Town of Abita Springs, Louisiana, is hereby REPEALED IN ITS ENTIRETY and designated as "Reserved" for future codification needs.

SECTION 2: SEVERABILITY If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance or the Code of Ordinances.

SECTION 3: REPEAL OF CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 4: EFFECTIVE DATE This Ordinance having been introduced in proper form, a public hearing held after due publication, and the vote having been taken by yeas and nays, this Ordinance shall become effective immediately upon signature by the Mayor, or as otherwise provided by La. R.S. 33:406. Introduced by Alderman: ___________________________ Date Introduced: ______________________, 20___ Motion to Adopt by Alderman: ___________________________ Seconded by Alderman: ___________________________ YEAS: ______ NAYS: ______ ABSENT: ______ ABSTAIN: ______ PASSED AND ADOPTED this _____ day of ________________, 20___ at Abita Springs, St. Tammany Parish, Louisiana. ________________________________ Town Clerk ________________________________ Mayor, Town of Abita Springs