§2795.7. Community service litter abatement, beautification, and maintenance program;
establishment; limitation of liability
A.(1) A "community service litter abatement, beautification, and maintenance
program" means a program that has been approved by the governing authority of a parish or
municipality and which provides for the collection and removal of litter from public
highways, rights-of-way, parks, roads, beaches, recreational areas, and other public areas
within the governing authority's jurisdiction, and for beautification and maintenance projects
within such jurisdiction.
(2) "Beautification and maintenance projects" means projects which provide for
groundskeeping, grass cutting, painting, repairs, and improvements which increase the
aesthetics of public areas.
(3) A community service litter abatement, beautification, and maintenance program
may be established by ordinance of the governing authority of any parish or municipality
which shall establish rules and regulations deemed necessary for the facilitation of persons
volunteering to participate in the program. The rules and regulations may include any of the
following:
(a) The requirement to wear certain clothing identifying the volunteers as participants
in the program.
(b) The authorization to provide clothing, uniforms, supplies, or equipment to the
volunteers necessary for the collection and removal of litter, and for beautification and
maintenance projects.
(c) The advertisement of the program to the general public.
B.(1) A person who volunteers to participate in the program established pursuant to
this Section shall not be deemed to be an employee of the program or of the parish or
municipality establishing the program, regardless of whether any of the following occur:
(a) The program supplies the volunteer with clothing, a uniform, supplies, or
equipment worn or used in the collection or removal of litter.
(b) The program assigns or specifies the work to be performed.
(c) The program provides oversight of the work performed by the volunteers.
(d) The volunteer receives donations from the general public for his collection and
removal of litter, and for beautification and maintenance projects.
(2) A person who participates in a program established pursuant to this Section shall
have no cause of action for damages against the governing authority conducting the program
or supervising the participants, nor against any employee or agent of the governing authority,
for any injury or loss suffered by a participant during or arising out of his participation in the
program, unless the injury or loss was caused by the intentional or grossly negligent act or
omission of the governing authority or its employee or agent. The governing authority shall
not be liable for any injury caused by an individual participating in the program unless the
gross negligence or intentional act of the governing authority or its employee or agent was
a substantial factor in causing the injury.
Acts 2019, No. 36, §1.