A parish or municipality may create a volunteer litter abatement and beautification program by ordinance, and volunteers are not treated as employees. The governing authority also gets liability protection, with exceptions for intentional or grossly negligent conduct.
§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.