Bill Text: MS SB2334 | 2025 | Regular Session | Introduced
Bill Title: Camping, soliciting contributions, loitering; prohibit certain instances of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-30 - Title Suff Do Pass Comm Sub [SB2334 Detail]
Download: Mississippi-2025-SB2334-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2334
AN ACT TO PROHIBIT A PERSON FROM CAMPING OR MAINTAINING OR PLACING PERSONAL PROPERTY UPON ANY STREET, SIDEWALK OR OTHER PUBLIC RIGHT-OF-WAY WITHIN 1,000 FEET OF A DEFINED SENSITIVE AREA OR A CRITICAL INFRASTRUCTURE AREA; TO PROVIDE THAT VIOLATION OF THIS PROHIBITION IS A PUBLIC NUISANCE THAT CAN BE ABATED AND PREVENTED; TO PROVIDE THAT A VIOLATION OF THIS PROHIBITION MAY BE CHARGED AS A MISDEMEANOR; TO REQUIRE AT LEAST 48 HOURS' NOTICE BEFORE COMMENCEMENT OF ANY ENFORCEMENT ACTION; TO PROVIDE THAT CONVICTIONS UNDER THIS SECTION SHALL NOT APPEAR ON A PERSON'S PUBLIC RECORD; TO AUTHORIZE THE REMOVAL OF ENCAMPMENTS ON PRIVATE PROPERTY IN A HUMANE MANNER AFTER 48 HOURS' NOTICE; TO PROHIBIT SOLICITING FOR A CONTRIBUTION OR DONATION WITHOUT A PERMIT FROM THE LOCAL GOVERNING AUTHORITY; TO CREATE THE CRIME OF LOITERING WHERE A PERSON LINGERS, REMAINS, OR PROWLS IN CERTAIN PLACES; TO ENUMERATE CERTAIN CIRCUMSTANCES THAT MAY BE CONSIDERED TO DETERMINE IF THAT PERSON IS LOITERING; TO REQUIRE A LAW ENFORCEMENT OFFICER TO AFFORD THE ACTOR AN OPPORTUNITY TO DISPEL ANY ALARM THAT WOULD OTHERWISE BE WARRANTED BY REQUESTING THE ACTOR TO IDENTIFY HIMSELF OR HERSELF AND EXPLAIN HIS OR HER PRESENCE AND CONDUCT; TO PROVIDE CERTAIN DEFENSES TO PROSECUTION; TO PROVIDE CRIMINAL PENALTIES FOR THE CRIME OF LOITERING; TO CREATE THE CRIME OF AGGRESSIVE PANHANDLING WHERE A PERSON SOLICITS A DONATION OF MONEY OR GOODS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE CRIMINAL PENALTIES FOR THE CRIME OF AGGRESSIVE PANHANDLING; TO BRING FORWARD SECTIONS 19-5-105 AND 21-19-11, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS THAT AUTHORIZE THE CLEANING OF PRIVATE PROPERTY, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this act, the following terms shall have the meaning ascribed herein:
(a) "Critical infrastructure" means real property or a facility, publicly or privately owned, that the local governing authority or board of supervisors designates as being so vital and integral to the operation or functioning of the municipality or county or in need of protection that its damage, incapacity, disruption or destruction would have a debilitating impact on the public health, safety or welfare, including, but not limited to, roads, railroad rights-of-way, bridges, underpasses, canals and other waterways, sewer plants, police and fire stations, drainage systems, financial institutions, electrical and natural gas pipelines or public utility easements.
(b) "Camp" means, within any tent, motor vehicle, trailer, camper, or temporary structure without the provision of services by utilities, any of the following activities:
(i) Cooking upon a stove;
(ii) Bathing, when using a shower or tub-type device;
(iii) The elimination of human digestive wastes; or
(iv) Using any tent, motor vehicle, trailer, camper, or temporary structure or covering as the person's place of sleep for one or more nights or days.
(c) "Encampment" means an outdoor location where one or more people camp in an unsheltered area.
(d) "Law enforcement officer" means a member of the municipal police department, the sheriff's department or the Department of Public Safety wherein the applicable property is located.
(e) "Sensitive area" means a public school, community college or university, a public park or a library.
(2) It is unlawful for a person to camp or place personal property upon any street, sidewalk or other public right-of-way within one thousand (1,000) feet of a sensitive area or critical infrastructure.
(3) A violation of this section is a public nuisance that may be enjoined, abated, and prevented. The local district, county attorney, or the city attorney of the applicable jurisdiction, in the name of the citizens of that jurisdiction, may maintain an action to abate and prevent the nuisance. Before pursuing abatement authorized by this subsection, the district attorney, county attorney or city attorney, as applicable, shall ensure that the person found to be in violation of this section has received verbal or written information regarding alternative locations to sleep, public services for housing and mental health services in the area.
(4) (a) A violation of this section may be charged as a misdemeanor, at the discretion of the city attorney, county attorney or district attorney, punishable upon conviction thereof, by a fine not exceeding One Hundred Dollars ($100.00) for a first offense. Upon conviction of a second or subsequent offense, a fine not exceeding Two Hundred and Fifty Dollars ($250.00) or incarceration in the county jail for a term not less than five (5) days nor exceeding four (4) months, or both such fine and incarceration shall be imposed.
(b) Convictions under this section shall not appear on a person's public record. The court of conviction and law enforcement authority may keep a confidential record for purposes related to enforcement of the sentence.
(5) A person shall not be found to be in violation of this section unless a law enforcement officer employed by the county or city, as applicable, with jurisdiction, has provided that person written or oral notice, at least forty-eight (48) hours before commencement of any enforcement action, that the person is prohibited from camping or storing, using, maintaining or placing personal property upon a street, sidewalk or other public right-of-way within one thousand (1,000) feet of a sensitive area or critical infrastructure area pursuant to this section. A written or oral notice shall only be deemed to have been provided for the purposes of this paragraph if the notice:
(a) Is given in a language understood by the person receiving the notice; and
(b) Contains information regarding alternative locations sleep, public services for housing and mental health services in the area.
(6) The owner of real property located in a municipality or county has the right to request the assistance of law enforcement officers with jurisdiction to remove an encampment or to set up any barriers or other methods to prevent encampments. Persons living in encampments shall receive forty eight (48) hours notice of the removal. The removal of encampments on private property shall be done in a humane manner. It is unlawful to inflict harm on the trespassers or damage their personal property. A tent or temporary structure or covering shall not be considered the personal property of any trespasser who has received the proper notice under this section. If an encampment is on public property, only local law enforcement officers or officers of the sheriff department may remove the encampment or set up barriers.
SECTION 2. (1) As used in this section:
(a) "Local governing authority" means the municipality, when within the jurisdiction of the municipality, and the county, when within the jurisdiction of the county.
(b) "Solicit" means the in-person request of an immediate contribution or donation.
(2) It shall be unlawful to solicit in a street or any portion thereof without obtaining a permit from the appropriate local governing authority and keeping the permit on one's person while soliciting.
(3) The local governing authority shall issue a permit to any eligible person who presents at the local governing authority, states his or her true name, presents a photo identification or signs a declaration under penalty of perjury that he or she has no such identification, permits himself or herself to be photographed and fingerprinted and is eligible for the permit. A person is ineligible for a permit if, within the past five (5) years, the person:
(a) Has been convicted of two (2) or more violations of this section;
(b) Has had a permit revoked within the last six (6) months; or
(c) Has been convicted of a violation of Section 4 of this act.
(4) The permit authorized under this section shall be valid for three (3) years from the date of issuance. The local governing authority shall revoke the permit for a violation of this section or Section 4 of this act.
(5) A violation of the provisions of this section shall be a misdemeanor. Upon conviction of a first offense, a person may be fined not more than One Hundred Dollars ($100.00). Upon conviction of a second or subsequent offense, a person may be imprisoned in the county jail for a term not less than five (5) days nor more than four (4) months and fined not more than Two Hundred Fifty Dollars ($250.00), or both.
SECTION 3. (1) A person commits the offense of loitering if he or she:
(a) Lingers, remains, or prowls in a public place or the premises of another person without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;
(b) Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission;
(c) Lingers or remains on a sidewalk, roadway, or public right-of-way, in a public parking lot or public transportation vehicle or facility, or on private property:
(i) In a harassing or threatening manner;
(ii) In a way likely to cause alarm to another person; or
(iii) Under circumstances that create a traffic hazard or impediment;
(d) Lingers or remains in a public place for the purpose of unlawful gambling;
(e) Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity;
(f) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;
(g) Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;
(h) Lingers or remains on or about the premises of another person for the purpose of spying upon or invading the privacy of another person; or
(i) Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.
(2) Among the circumstances that may be considered in determining whether a person is loitering are that the person:
(a) Takes flight upon the appearance of a law enforcement officer;
(b) Refuses to identify himself or herself;
(c) Manifestly endeavors to conceal himself or herself or any object; or
(d) Has acted in a harassing or threatening manner or in a way likely to cause alarm to another person after sunset or before sunrise.
(3) Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subsection (1)(a) of this section, a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct.
(4) It is a defense to a prosecution under subsection (1)(a) of this section if:
(a) The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or her presence and conduct; or
(b) It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.
(5) Upon conviction, a person shall be:
(a) For a first offense, fined not more than One Hundred Dollars ($100.00).
(b) For a second or subsequent offense, imprisoned in the county jail for a term not less than two (2) days more than fifteen (15) days, fined not more than Two Hundred Fifty Dollars ($250.00), or by both.
SECTION 4. (1) A person commits aggressive panhandling who solicits a donation of money or goods in the following manner:
(a) By intentionally touching the person being solicited without the person's consent;
(b) By intentionally obstructing the path of the person, or of the vehicle of the person, being solicited;
(c) By following a person who is walking away from the person soliciting the donation, unless that person has indicated that the person wishes to make a donation; or
(d) By making any statement, gesture, or other communication that would cause a reasonable person to feel fear of personal harm for refusing a solicitation of a donation.
(b) Upon conviction for a second or subsequent violation of this section, a person shall be sentenced to imprisonment in the county jail for a term not more than ninety (90) days, or a fine of not more than One Thousand Dollars ($1000.00), or by both.
SECTION 5. Section 19-5-105, Mississippi Code of 1972, is brought forward as follows:
19-5-105. (1) To determine whether property or a parcel of land located within a county is in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community, the board of supervisors of any county is authorized and empowered to conduct a hearing on its own motion, or upon the receipt of a petition requesting the board of supervisors to act signed by a majority of the residents eighteen (18) years of age or older, residing upon any street or alley, within reasonable proximity of any property alleged to be in need of cleaning, or within seven hundred fifty (750) feet of the precise location of the alleged menace situated on any parcel of land which is located in a populated area or in a housing subdivision and alleged to be in need of cleaning.
Notice shall be provided to the property owner by:
(a) United States mail two (2) weeks before the date of the hearing mailed to the address of the subject property and to the address where the ad valorem tax notice for such property is sent by the office charged with collecting ad valorem tax; and
(b) Posting notice for at least two (2) weeks before the date of a hearing on the property or parcel of land alleged to be in need of cleaning and at the county courthouse or another place in the county where such notices are posted.
The notice required by this subsection (1) shall include language that informs the property owner that an adjudication at the hearing that the property or parcel of land is in need of cleaning will authorize the board of supervisors to reenter the property or parcel of land for a period of one (1) year after the hearing without any further hearing, if notice is posted on the property or parcel of land and at the county courthouse or another place in the county where such notices are generally posted at least seven (7) days before the property or parcel of land is reentered for cleaning. A copy of the required notice mailed and posted as required by this subsection (1) shall be recorded in the minutes of the board of supervisors in conjunction with the hearing required by this subsection.
If at such hearing the board of supervisors shall in its resolution adjudicate such parcel of land in its then condition to be a menace to the public health and safety of the community, the board of supervisors may, if the owner not do so himself, proceed to have the land cleaned by cutting weeds, filling cisterns, and removing rubbish, dilapidated fences, outside toilets, dilapidated buildings and other debris, and draining cesspools and standing water. Thereafter, the board of supervisors may at its next regular meeting by resolution adjudicate the actual cost of cleaning the land and may also impose a penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) of the actual cost, whichever is more. The cost and any penalty shall become an assessment against the property. The "cost assessed against the property" means either the cost to the county of using its own employees to do the work or the cost to the county of any contract executed by the county to have the work done, and administrative costs and legal costs of the county.
A county may reenter the property or parcel of land to maintain cleanliness without further notice of hearing no more than six (6) times in any twelve-month period with respect to removing dilapidated buildings, dilapidated fences and outside toilets, and no more than twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the land. The expense of cleaning the property shall not exceed an aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, or the fair market value of the property subsequent to cleaning, whichever is less. The board of supervisors may assess the same penalty each time the property or land is cleaned as otherwise provided in this subsection (1).
The penalty provided in this subsection (1) shall not be assessed against the State of Mississippi upon request for reimbursement under Section 29-1-145, nor shall a county clean a parcel owned by the State of Mississippi without first giving notice.
The assessment authorized by this subsection (1) shall be a lien against the property and may be enrolled in the office of the circuit clerk of the county as other judgments are enrolled, and the tax collector of the county shall, upon order of the board of supervisors, proceed to sell the land to satisfy the lien as now provided by law for the sale of lands for delinquent taxes. Furthermore, the property owner whose land has been sold pursuant to this subsection (1) shall have the same right of redemption as now provided by law for the sale of lands for delinquent taxes. All decisions rendered under the provisions of this subsection may be appealed in the same manner as other appeals from county boards.
(2) (a) If private property or a parcel of land located within a county is a perpetual care cemetery subject to Section 41-43-1 et seq., the board of supervisors of the county may proceed pursuant to the same provisions of subsection (1) of this section used to determine whether a property is a public health menace to instead determine if the perpetual care cemetery and all structures on the cemetery are not being properly maintained and have become detrimental to the public health and welfare. A perpetual care cemetery that is "not being properly maintained and has become detrimental to the public health and welfare" means a perpetual care cemetery that shows signs of neglect, including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, unusable entrances and exits, excess rubbish or debris, or the disintegration of grave markers or boundaries. Upon notice and opportunity to be heard as provided in subsection (1) of this section, the board of supervisors of the county may adjudicate the property or parcel of land in its then condition to be not properly maintained and detrimental to the public health and welfare, and if the owner does not do so itself, may proceed to clean the property or parcel of land as provided in subsection (1) of this section. When cleaning the property or parcel of land of a perpetual care cemetery pursuant to this subsection (2), the penalty or penalties provided in subsection (1) of this section shall not be assessed against owners of the perpetual care cemeteries.
(b) The board of supervisors of a county that cleans property or parcel of land of a perpetual care cemetery pursuant to this subsection (2) may make application to the Secretary of State for an order directing the trustee of the perpetual care cemetery trust fund to release accrued interest or principal of the trust fund sufficient to reimburse the county for only the actual cleanup costs incurred by the county. The application to the Secretary of State shall include a statement by the county that all of the requirements of this section have been met.
(c) If the Secretary of State is satisfied that the notice and hearing requirements of this section have been met, and that the application for an order directing the trustee to release accrued interest of the perpetual care cemetery trust fund does not threaten the ability of the trust fund to provide for the care and maintenance of the cemetery, the Secretary of State may order the trustee to release up to the total amount of accrued interest of the trust fund in an amount sufficient to reimburse the county for the actual costs of cleanup performed by the county.
(d) If the Secretary of State is satisfied that the notice and hearing requirements of this section have been met, but makes a determination that the accrued interest of the perpetual care cemetery trust fund is insufficient to reimburse the county for the actual costs of cleanup performed by the county, or that an order to release accrued interest would threaten the ability of the trust fund to provide for the care and maintenance of the cemetery, the Secretary of State may consider an order directing the trustee to reimburse the county from the principal of the trust fund. If the Secretary of State determines that an order to the trustee to release principal from the trust fund will not threaten the solvency of the trust fund, the Secretary of State may order the trustee to release principal of the trust fund in an amount sufficient to reimburse the county for the actual costs of cleanup performed by the county.
(i) The Secretary of State may not order the trustee to release an amount of more than fifteen percent (15%) of principal of the trust fund to reimburse the county for the actual costs of cleanup performed by the county.
(ii) The provisions of this section may be utilized no more than once in a four-year period.
SECTION 6. Section 21-19-11, Mississippi Code of 1972, is brought forward as follows:
21-19-11. (1) To determine whether property or parcel of land located within a municipality is in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community, a governing authority of any municipality shall conduct a hearing, on its own motion, or upon the receipt of a petition signed by a majority of the residents residing within four hundred (400) feet of any property or parcel of land alleged to be in need of the cleaning. Notice shall be provided to the property owner by:
(a) United States mail two (2) weeks before the date of the hearing mailed to the address of the subject property, except where the land or structure(s) is apparently vacant, and to the address where the ad valorem tax notice for such property is sent by the office charged with collecting ad valorem tax; and
(b) Posting notice for at least two (2) weeks before the date of a hearing on the property or parcel of land alleged to be in need of cleaning and at city hall or another place in the municipality where such notices are posted.
Any notice required by this section shall include language that informs the property owner that an adjudication at the hearing that the property or parcel of land is in need of cleaning will authorize the municipality to reenter the property or parcel of land for a period of two (2) years after final adjudication without any further hearing if notice is posted on the property or parcel of land and at city hall or another place in the municipality where such notices are generally posted at least seven (7) days before the property or parcel of land is reentered for cleaning. A copy of the required notice mailed and posted as required by this section shall be recorded in the minutes of the governing authority in conjunction with the hearing required by this section.
If, at such hearing, the governing authority shall adjudicate the property or parcel of land in its then condition to be a menace to the public health, safety and welfare of the community, the governing authority, if the owner does not do so himself, shall proceed to clean the land, by the use of municipal employees or by contract, by cutting grass and weeds; filling cisterns; securing abandoned or dilapidated buildings; removing rubbish, abandoned or dilapidated fences, outside toilets, abandoned or dilapidated buildings, slabs, personal property, which removal of personal property shall not be subject to the provisions of Section 21-39-21, and other debris; and draining cesspools and standing water therefrom. The governing authority may by resolution adjudicate the actual cost of cleaning the property and may also impose a penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) of the actual cost, whichever is more. The cost and any penalty may become a civil debt against the property owner, and/or, at the option of the governing authority, an assessment against the property. The "cost assessed against the property" means either the cost to the municipality of using its own employees to do the work or the cost to the municipality of any contract executed by the municipality to have the work done, and administrative costs and legal costs of the municipality. For subsequent cleaning within the one-year period after the date of the hearing at which the property or parcel of land was adjudicated in need of cleaning, upon seven (7) days' notice posted both on the property or parcel of land adjudicated in need of cleaning and at city hall or another place in the municipality where such notices are generally posted, and consistent with the municipality's adjudication as authorized in this subsection (1), a municipality may reenter the property or parcel of land to maintain cleanliness without further notice or hearing no more than six (6) times in any twelve-month period with respect to removing or securing abandoned or dilapidated buildings, slabs, dilapidated fences and outside toilets, and no more than twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the land, and the expense of cleaning of the property, except as otherwise provided in this section for removal of hazardous substances, shall not exceed an aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, or the fair market value of the property subsequent to cleaning, whichever is more. The aggregate cost of removing hazardous substances will be the actual cost of such removal to the municipality and shall not be subject to the cost limitations provided in this subsection. The governing authority may assess the same penalty for each time the property or land is cleaned as otherwise provided in this section. The penalty provided herein shall not be assessed against the State of Mississippi upon request for reimbursement under Section 29-1-145, nor shall a municipality clean a parcel owned by the State of Mississippi without first giving notice. Upon written authority from the Secretary of State's office, for state-owned properties, a municipality may forgo the notification process that is prescribed in this subsection and proceed to clean the properties and assess costs as prescribed in this subsection, except that penalties shall not be assessed against the State of Mississippi.
(2) When the fee or cost to clean property or a parcel of land that is one (1) acre or less does not exceed Two Hundred Fifty Dollars ($250.00), excluding administrative costs, and the property or parcel is located within a municipality having a population over one thousand five hundred (1,500), the governing authority of the municipality may authorize one or more of its employees to determine whether the property or parcel of land is in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community and the determination made by the authorized municipal employee shall be set forth and recorded in the minutes of the governing authority. Notice of this determination shall be provided to the property owner by:
(a) United States mail seven (7) days before the date of cleaning of the property or parcel of land mailed to the address of the subject property, except where the land or structure(s) is apparently vacant, and to the address where the ad valorem tax notice for such property is sent by the office charged with collecting ad valorem tax; and
(b) Posting notice for at least seven (7) days before the cleaning of the property or parcel of land and at city hall or another place in the municipality where such notices are posted.
Any notice required by this subsection shall include language that informs the property owner that the appropriate municipal official has determined that the property or parcel of land is a menace to the public health, safety and welfare of the community and in need of cleaning and the municipality is authorized to enter the property for cleaning and that the municipality is further authorized to reenter the property or parcel of land for a period of two (2) years after this cleaning without any further hearing or action if notice is posted on the property or parcel of land and at city hall or another place in the municipality where such notices are generally posted at least seven (7) days before the property or parcel of land is reentered for cleaning. A copy of the required notice mailed and posted as required by this subsection shall be recorded in the minutes of the governing authority in conjunction with the determination made by the municipal employee in this subsection (2).
If an authorized municipal employee determines that the condition of property or parcel of land is a menace to the public health, safety and welfare of the community, the governing authority, if the owner does not do so himself, shall proceed to clean the land, by the use of municipal employees or by contract, by cutting grass and weeds; filling cisterns; securing abandoned or dilapidated buildings; removing rubbish, abandoned or dilapidated fences, outside toilets, abandoned or dilapidated buildings, slabs, personal property, which removal of personal property shall not be subject to the provisions of Section 21-39-21, and other debris; and draining cesspools and standing water therefrom. The governing authority shall by resolution adjudicate the actual cost of cleaning the property under this provision, provided the same does not exceed Two Hundred Fifty Dollars ($250.00) and may also impose a penalty not to exceed One Hundred Dollars ($100.00) or one hundred percent (100%) of the actual cost of cleaning the property, whichever is more. The cost and any penalty imposed may become a civil debt against the property owner, and/or, at the option of the governing authority, an assessment against the property. The "cost assessed against the property" means either the cost to the municipality of using its own employees to do the work or the cost to the municipality of any contract executed by the municipality to have the work done, and additionally may include administrative costs of the municipality not to exceed Fifty Dollars ($50.00). For subsequent cleaning within the one-year period set forth in this subsection (2), upon seven (7) days' notice posted both on the property or parcel of land adjudicated in need of cleaning and at city hall or another place in the municipality where such notices are generally posted, and consistent with the municipal official's determination as authorized in this subsection (2), a municipality may reenter the property or parcel of land to maintain cleanliness without further notice or hearing under this subsection (2) no more than six (6) times in any twelve-month period with respect to removing or securing abandoned or dilapidated buildings, slabs, dilapidated fences and outside toilets, and no more than twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the land, and the expense of cleaning of the property shall not exceed an aggregate amount of One Thousand Dollars ($1,000.00) per year under this subsection (2). The governing authority may assess the same actual costs, administrative costs and penalty for each time the property or land is cleaned as otherwise provided in this subsection (2). The penalty provided herein shall not be assessed against the State of Mississippi upon request for reimbursement under Section 29-1-145, nor shall a municipality clean a parcel owned by the State of Mississippi without first giving notice. Upon written authority from the Secretary of State's office, for state-owned properties, a municipality may forgo the notification process that is prescribed in this subsection and proceed to clean the properties and assess costs as prescribed in this subsection, except that penalties shall not be assessed against the State of Mississippi. A determination made by an appropriate municipal employee under this subsection (2) that the state or condition of property or a parcel of land is a menace to the public health, safety and welfare of the community shall not subsequently be used to replace a hearing if subsection (1) of this section is later utilized by a municipality when the prerequisites of this subsection (2) are not satisfied.
(3) If the governing authority declares, by resolution, that the cost and any penalty shall be collected as a civil debt, the governing authority may authorize the institution of a suit on open account against the owner of the property in a court of competent jurisdiction in the manner provided by law for the cost and any penalty, plus court costs, reasonable attorney's fees and interest from the date that the property was cleaned.
(4) (a) If the governing authority declares that the cost and any penalty shall be collected as an assessment against the property, then the assessment above provided for shall be a lien against the property and may be enrolled in the office of the chancery clerk of the county as other liens and encumbrances are enrolled, and the tax collector of the municipality shall, upon order of the board of governing authorities, proceed to sell the land to satisfy the lien as now provided by law for the sale of lands for delinquent municipal taxes. The lien against the property shall be an encumbrance upon the property and shall follow title of the property.
(b) (i) All assessments levied under the provisions of this section shall be included with municipal ad valorem taxes and payment shall be enforced in the same manner in which payment is enforced for municipal ad valorem taxes, and all statutes regulating the collection of other taxes in a municipality shall apply to the enforcement and collection of the assessments levied under the provisions of this section, including utilization of the procedures authorized under Sections 17-13-9(2) and 27-41-2.
(ii) All assessments levied under the provisions of this section shall become delinquent at the same time municipal ad valorem taxes become delinquent. Delinquencies shall be collected in the same manner and at the same time delinquent ad valorem taxes are collected and shall bear the same penalties as those provided for delinquent taxes. If the property is sold for the nonpayment of an assessment under this section, it shall be sold in the manner that property is sold for the nonpayment of delinquent ad valorem taxes. If the property is sold for delinquent ad valorem taxes, the assessment under this section shall be added to the delinquent tax and collected at the same time and in the same manner.
(5) All decisions rendered under the provisions of this section may be appealed in the same manner as other appeals from municipal boards or courts are taken. However, an appeal from a decision of a municipal officer or official shall be made to the governing authority and such appeal shall be in writing, state the basis for the appeal and be filed with the city clerk no later than seven (7) days from the latest date of notice required under this section.
(6) Nothing contained under this section shall prevent any municipality from enacting criminal penalties for failure to maintain property so as not to constitute a menace to public health, safety and welfare.
(7) (a) If private property or a parcel of land located within a municipality is a perpetual care cemetery subject to Section 41-43-1 et seq., the governing authority of the municipality may proceed pursuant to the same provisions of this section used to determine whether a property is a public health menace to instead determine if the perpetual care cemetery and all structures on the cemetery are not being properly maintained and have become detrimental to the public health and welfare. A perpetual care cemetery that is "not being properly maintained and has become detrimental to the public health and welfare" means a perpetual care cemetery that shows signs of neglect, including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, unusable entrances and exits, excess rubbish or debris, or the disintegration of grave markers or boundaries. Upon notice and opportunity to be heard as provided in subsection (1) of this section, the governing authority of the municipality may adjudicate the property or parcel of land in its then condition to be not properly maintained and detrimental to the public health and welfare, and if the owner does not do so itself, may proceed to clean the property or parcel of land as provided in subsection (1) of this section. When cleaning the property or parcel of land of a perpetual care cemetery pursuant to this subsection (7), the penalty or penalties provided in subsection (1) of this section shall not be assessed against owners of the perpetual care cemeteries.
(b) The governing authority of a municipality that cleans the property or parcel of land of a perpetual care cemetery pursuant to this subsection (7) may make application to the Secretary of State for an order directing the trustee of the perpetual care cemetery trust fund to release accrued interest or principal of the trust fund sufficient to reimburse the municipality for only the actual cleanup costs incurred by the municipality. The application to the Secretary of State shall include a statement by the municipality that all of the requirements of this section have been met.
(c) If the Secretary of State is satisfied that the notice and hearing requirements of this section have been met, and that the application for an order directing the trustee to release accrued interest of the perpetual care cemetery trust fund does not threaten the ability of the trust fund to provide for the care and maintenance of the cemetery, the Secretary of State may order the trustee to release accrued interest of the trust fund sufficient to reimburse the municipality for the actual costs of cleanup performed by the municipality.
(d) If the Secretary of State is satisfied that the notice and hearing requirements of this section have been met, but makes a determination that the accrued interest of the perpetual care cemetery trust fund is insufficient to reimburse the municipality for the actual costs of cleanup performed by the municipality, or that an order to release accrued interest would threaten the ability of the trust fund to provide for the care and maintenance of the cemetery, the Secretary of State may consider an order directing the trustee to reimburse the municipality from the principal of the trust fund. If the Secretary of State determines that an order to the trustee to release principal from the trust fund will not threaten the solvency of the trust fund, the Secretary of State may order the trustee to release principal of the trust fund in an amount sufficient to reimburse the municipality for the actual costs of cleanup performed by the municipality.
(i) The Secretary of State may not order the trustee to release an amount of more than fifteen percent (15%) of principal of the trust fund to reimburse the municipality for the actual costs of cleanup performed by the municipality.
(ii) The provisions of this section may be utilized no more than once in a four-year period.
SECTION 7. This act shall take effect and be in force from and after July 1, 2025.
