Louisiana § RS 40:1484.24 - Violations and penalties; cease and desist order; injunctive relief

§ RS 40:1484.24. Violations and penalties; cease and desist order; injunctive relief

            A. If the state fire marshal finds that any person, operator, inspector, or firm has violated any provision of this Part or any regulation, rule, or issued order, he may impose upon that person, operator, inspector, or firm a fine in an amount not to exceed five thousand dollars for each violation. Each day on which the violation occurs is considered a separate offense.

            B.(1) In addition to or in lieu of administrative sanctions and civil penalties provided in this Part, the state fire marshal is empowered to issue an order to any person, operator, inspector, or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Part, directing the person, operator, inspector, or firm to cease and desist from the activity, conduct, or practice. The order shall be issued in the name of the state of Louisiana under the official seal of the state fire marshal.

            (2) If the person, operator, inspector, or firm to whom the state fire marshal directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice immediately after service of the cease and desist order by certified mail or personal service, the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining the person, operator, inspector, or firm from engaging in any activity, conduct, or practice prohibited by this Part.

            (3) Upon a proper showing by the state fire marshal that a person, operator, inspector, or firm has engaged in any activity, conduct, or practice prohibited by this Part, the court shall issue a temporary restraining order restraining the person, operator, inspector, or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practices.

            (4) A temporary restraining order, preliminary injunction, or permanent injunction issued as provided in this Part is not subject to being released upon bond.

            (5) In the suit for an injunction, the state fire marshal may demand of the defendant a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs. Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made final.

            C. In addition to the foregoing provisions, the state fire marshal may assess civil penalties attributable to the operator of an inflatable amusement device, amusement ride, or amusement attraction to the owner or lessee of the site on which the inflatable amusement device, amusement attraction, or amusement ride is located, if the owner or lessee of the site failed to reasonably determine that the operator of the inflatable amusement device, amusement ride, or amusement attraction is in proper compliance with the requirements of this Part.

            D. Procedures for the imposition of fines and appeals of such fines shall be governed in accordance to the Administrative Procedure Act.

            Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.