Bill Text: MS HB131 | 2016 | Regular Session | Comm Sub
Bill Title: Municipalities; authorize adoption of ordinance for system to issue citations and summons to violators of certain ordinances.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-03-01 - Died In Committee [HB131 Detail]
Download: Mississippi-2016-HB131-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Municipalities
By: Representative Wilson
House Bill 131
(COMMITTEE SUBSTITUTE)
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 AN ADMINISTRATIVE PROCESS TO RESOLVE A VIOLATION BEFORE CERTAIN MEASURES ARE TAKEN BY A MUNICIPALITY; 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. Except as otherwise provided in Section 21-19-11, any municipality, by ordinance duly spread upon its minutes, may provide that a citation may be issued by a uniformed law enforcement officer, uniformed law enforcement employee or by a uniformed municipal employee 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. A municipality may also provide an administrative process for resolving such citation before the appropriate designated municipal division 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, 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.
(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 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, 2016.
