Senate Bill 2914

AN ACT TO AUTHORIZE GOVERNING AUTHORITIES OF ANY MUNICIPALITY TO ADOPT AN ORDINANCE ESTABLISHING A SYSTEM BY WHICH A UNIFORMED LAW ENFORCEMENT OFFICER, UNIFORMED LAW ENFORCEMENT EMPLOYEE OR CERTAIN UNIFORMED MUNICIPAL EMPLOYEES MAY ISSUE A CITATION FOR CERTAIN ORDINANCE VIOLATIONS; TO PROVIDE THE METHODS BY WHICH A CITATION SHALL BE DELIVERED; TO AUTHORIZE AN ADMINISTRATIVE PROCESS FOR RESOLVING A CITATION BEFORE OTHER ACTIONS MAY BE TAKEN BY A MUNICIPALITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Except as otherwise provided in Section 21-19-11, 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 whose job duties are primarily in the above areas. A municipality may also provide an administrative process for resolving such citation before the appropriate designated municipal department in advance of issuing an arrest warrant, as authorized under Section 2(b) of this act.

SECTION 2. (a) 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, a citation shall be issued for the occupant(s) of the property if the person's name can be ascertained and for the owner of the property according to the latest county tax roll. Both the occupant and owner of record of the property according to the county tax rolls, shall, as a matter of law, be presumed to be the person or persons causing such violation and may be charged with such violation. A citation shall be served by either personal service or by United States certified mail, return receipt requested, mailed to the property address and, if different, the address of the property owner as listed in the latest county tax roll, and such service shall be sufficient to require the appearance of the occupant and owner of the property in the municipal court at the time stated in the citation.

(b) The administrative process prescribed in Section 1 of this act shall be considered the initial phase in resolving the violation; however, if a municipality and the owner of record of a property are unable to resolve a violation within thirty (30) days after the issuance and mailing of a citation, then the municipality shall be authorized to issue an arrest warrant as in all other cases.

(c) No arrest shall be made for failure of an owner to appear in response to a citation, except on affidavit and issuance of an arrest warrant.

(d) 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, 2017.