The Livingston Parish Police Jury (Parish) brought suit against Milford Lee (Lee) seeking injunctive relief from Lee's alleged violation of Section 10-8 of the Livingston Parish Code governing the establishment and operation of automobile salvage yards within Livingston Parish. After an evidentiary hearing, the trial court granted the Parish a preliminary injunction which, among other things, enjoined Lee, as follows:
Lee has appealed. The primary thrust of his appeal is that the ordinance is unconstitutionally vague, overly broad, and indefinite.
The ordinance provides, in pertinent part:
ARTICLE I. DECLARATION
ARTICLE II. DEFINITIONS
1. The term "damaged, destroyed or wrecked vehicles" shall be construed to mean and include any wrecked vehicle stored for any reason whatsoever, including resale, repair, or sale as salvage materials.
2. Salvage Yard: Any privately owned area of the Parish wherein any vehicle as described above is stored.
The penalty provisions of the ordinance provide:
ARTICLE V. PENALTIES
2. Each day a restriction is violated constitutes an independent violation of the ordinance herein, and separate penalties shall be administered accordingly.
The Parish is a Dillon's Rule
Article V provides for its enforcement by fine and imprisonment per LSA-R.S. 33:1243; it does not provide for enforcement by injunction. Because there is no constitutional or statutory authority for the Parish to enforce its ordinance with an injunction, it does not have a right to do so. La.C.C.P. art. 927.
For these reasons, we reverse the decision of the trial court, as the Parish has no right of action. The Parish is taxed for the costs of this appeal of $292.00.
REVERSED AND RENDERED.
ON APPLICATION FOR REHEARING
After further review and careful consideration of the briefs filed herein in support of the mover's position, we reinstate our original opinion and deny the Livingston Parish Police Jury's application for rehearing.
Police juries may enforce ordinances which they are authorized to pass, by fine or imprisonment, or both, and may prosecute by criminal process of indictment or information or by fine or forfeiture to be collected by civil process before any court of competent jurisdiction.