Bill Text: MS HB1382 | 2015 | Regular Session | Engrossed


Bill Title: Municipalities; authorize adoption of ordinance for certain system to issue citations and summons to violators of certain municipal ordinances.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-03-03 - Died In Committee [HB1382 Detail]

Download: Mississippi-2015-HB1382-Engrossed.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Municipalities

By: Representative Snowden

House Bill 1382

(As Passed the House)

AN ACT TO AUTHORIZE GOVERNING AUTHORITIES OF ANY MUNICIPALITY TO ADOPT AN ORDINANCE ESTABLISHING A SYSTEM BY WHICH MUNICIPAL LAW ENFORCEMENT OFFICERS, MUNICIPAL LAW ENFORCEMENT EMPLOYEES AND OTHER MUNICIPAL EMPLOYEES MAY, BY ISSUANCE OF CITATION, SUMMON ALLEGED VIOLATORS OF CERTAIN MUNICIPAL CODES TO APPEAR IN MUNICIPAL COURT; TO PROVIDE FOR A PROCEDURE IF ALLEGED VIOLATORS FAIL TO APPEAR IN RESPONSE TO SUCH SUMMONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Any municipality, by ordinance duly spread upon its minutes, may provide that a citation for the violation of any ordinance relating to a zoning violation, building or safety code, housing or rental ordinance, sign ordinance or a property maintenance code may be issued by a uniformed law enforcement officer, uniformed law enforcement employee or by a uniformed municipal employee.

     SECTION 2.  In enforcing the penalty prescribed for violation of any ordinance relating to a zoning violation, building or safety code, housing or rental ordinance, sign ordinance, or a property maintenance code, it shall not be necessary to name any person in a citation issued for such violation.  A citation affixed to or posted on the property alleged to be in violation of such ordinance shall be sufficient to require the appearance of the owner of such property in the municipal court at the time stated in such citation.  The owner of record of the property, according to the county tax rolls, shall, as a matter of law, be presumed to be the person causing such violation and may be charged with such violation.  No arrest shall be made for failure of the owner to appear in response to the citation, except on affidavit and issuance of an arrest warrant.  Except in cases where an arrest warrant is issued, it shall not be necessary to enter such cases on the municipal court docket nor to enter final judgment thereon in the minute book of the court.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2015.

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