1.1 ADOPTION OF THE 1975 EDITION SOUTHERN STANDARD BUILDING CODE, AND THE 1975 EDITION STANDARD PLUMBING CODE AND 1975 EDITION NATIONAL ELECTRICAL CODE

Section 1

The 1975 Edition of the Southern Standard Building Code, and the 1975 Edition of the Standard Plumbing Code, and the 1975 Edition of the National Electrical Code be and they are hereby adopted to apply in all of the City of Hernando, except the codes shall not apply as follows:

a. To the installation, repair, or maintenance of electrical wires, pipe lines, apparatus, equipment or devices by or for a utility rendering public utility services and required by it to be utilized in the rendition of its duly authorized service to the public.

b. Section 106.3 (a) of the Standard Plumbing Code and Section 107.4 of the Southern Standard Building Code relating to fees shall have no application, this matter being covered by separate order of the City of Hernando.

c. Section 106.2 of the Standard Plumbing Code and the provisions in said code relating to the Mayor and Board of Aldermen shall have no application, this function being served by the City of Hernando.

Section 2

The pamphlet from of the codes hereby adopted having been presented at this meeting in printed form, are hereby approved and adopted and such codes shall be files as a permanent record in the office of the Clerk, who shall not be required to transcribe and record the same in the Minute Book as other codes and resolutions.

Adopted: December 7, 1976

1.2 OPEN

1.3 ADOPTION OF SOUTHERN STANDARD GAS CODE

The Southern Standard Gas Code, 1973 Edition, with amendment, is hereby adopted as the gas code for the City of Hernando, Mississippi.

This Ordinance is brought under the provisions of Section 21-19-25, Mississippi Code of 1972, Annotated and Amended.

The above mentioned code was first presented in pamphlet form to the governing authorities of the municipality at a regular meeting.

Any and all ordinances or parts of ordinances in conflict herewith or any parts hereof are hereby expressly repealed.

If any part of this Ordinance, section or provision is found to constitutionally invalid, the remaining portion or provision shall be valid. It being hereby expressly declared that all constitutional and valid provisions of said gas code hereof enacted shall be enacted after exclusion of any section or provision which might be found to be unconstitutional or invalid.

Adopted: October 7, 1975

1.4 ELECTRICIANS AND PLUMBERS REQUIRED TO OBTAIN A PRIVILEGE LICENSE ANDPERMIT FROM THE CITY

Section 1. License and Permit

Electricians and plumbers are required to obtain a privilege license and a permit to engage in their respective trade, and they must have a valid DeSoto County license to conduct their respective trade in the City of Hernando.

Section 2. Bond

Any person, firm or corporation having obtained a privilege license and a permit and has a valid DeSoto County license desiring to engage in business within the City of Hernando shall deposit with the City Clerk a good and sufficient bond in the penal sum of One Thousand Dollars ($1,000.00), which bond may be enjoined by any party in interest in law or in equity, conditioned that the person making the bond will perform all plumbing and electrical construction in conformity with the applicable codes in effect in the City of Hernando at the time of such construction and will comply with all orders, rules and regulations of the City of Hernando. No personal sureties will be accepted on the bond deposited with the City Clerk.

Section 3. Application for Permit

The provisions of this order shall apply to and be enforced as to all electrical and plumbing construction covered by said codes in the City of Hernando except the following:

1. A permit to perform plumbing and electrical work shall not be required for such construction in residences having less than 800 sq. ft. or heated area outside of platted subdivisions and shall not apply to electrical construction, the reasonable cost of which is less than $200.00, and shall not apply to the erection, maintenance, repair of extension of said residence.

Section 4.

Any person violating or attempting to violate any of the provisions of this ordinance shall be subject to a maximum fine not to exceed One Hundred Dollars ($100.00) if found guilty of any violation of said provision of this ordinance.

Adopted: September 4, 1973

Effective: October 2, 1973

1.5 ERECTION, MAINTENANCE, AND OPERATION OF BUILDING AND STORAGE TANKS USED IN CONNECTION WITH BUSINESSES ENGAGED IN THE WHOLESALE OR RETAIL SALE OF GASOLINE, KEROSENE, OR OTHER INFLAMMABLE OR EXPLOSIVE SUBSTANCE

Section 1

It shall be unlawful for any persons, firms, corporations, or associations to erect, repair, or construct any building or storage tanks within the corporate limits of the City for the purpose of operating, conducting, or maintaining a business for the sale of gasoline, kerosene, fuel oil, or other flammable or explosive substances, either retail or wholesale, or for any such person, firm, corporation or association to start to operating, conducting, or maintaining any such business in any building within the corporate limits of the City without first obtaining a written permit from the Mayor and Board of Aldermen as hereby provided.

Section 2

Any person, firm corporation, or association desiring to erect, repair, or construct any such building or storage tanks as defined in Section One hereof, or any person, firm, corporation, or association desiring to start the conducting or operation of such business as defined in Section One hereof, shall first file with the Mayor and Board of Aldermen a written application clearly setting forth in a general way the plans and specifications for the erection, repair and operation of buildings, tanks, and containers used in connection therewith, and the exact location for the proposed erection, construction, and operation and shall post one typewritten copy of said application in a conspicuous place at or near the proposed site of said proposed business. The filing of the said application and posting of same to be done at least ten days before said application can be heard and acted upon by the Mayor and board of Alderman. Upon the filing of said application, the City Clerk shall endorse upon said application and copy thereof when said application will be heard, the time so fixed not to be less than ten days from the filing date thereof.

Section 3

On the date fixed for the hearing of said application, unless for cause shown by the applicant, opposing parties, or the Mayor and Board and Aldermen, the matter be deferred to a later date, the Mayor and Board of Aldermen shall hear said application and hear any evidence offered at said time of hearing either for or against the erection, repair, maintaining of such business or facilities used in connection therewith. If upon hearing it should appeal to the Mayor and Board of Aldermen that the erection, construction, operation, or maintenance of such business at the proposed location for reason of traffic conditions, or fire explosive hazard would imperil the public safety, the Mayor and Board of Aldermen shall refuse to grant the permit applied for, but if it shall appear to the satisfaction of the Mayor and Board of Aldermen that no such condition or conditions will likely result fro the erection, construction, operating, or maintenance of such business, the Mayor and Board of Aldermen shall grant such permit.

Section 4

Any person, firm, association or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and each day that any such person, firm, association or corporation proceeds with the erection, repair, or construction of any building, or storage tanks within the corporate limits of the City for the purpose of operating, conduction, or maintaining business as defined in Section One hereof in violation of any the provision of this ordinance, shall constitute a separate offense. Upon conviction of any offense of violating any of the provisions of this ordinance, the offender shall be punished by a fine not more than $100.00 or by imprisonment not to exceed thirty day, or by both said fine and imprisonment.

Section 5

This ordinance shall not restrict the operation and maintenance of any such business already constructed and established in the City of January 6, 1953, unless the owner thereof desires to repair or make alterations to the same.

Adopted: January 6, 1953

1.6 CONSTRUCTION, MAINTENANCE AND KEEPING OF PONDS

Section 1

That for the purposes of this Ordinance, the following definitions shall apply when used herein:

The word pond is hereby defined as anybody of water more that two inched in depth and more that two feet in diameter of earth, concrete, or other type of construction.
The word owner shall include any person, firm, or corporation owning, possessing, renting, or leasing any real property upon which a pond is located thereon within the corporate limits of the City of Hernando.
The word City shall mean the City of Hernando, Mississippi, and any and every place within the corporate limits of the City of Hernando.

Section 2

It shall hereinafter be unlawful for any person, firm or corporation to construct or cause to be constructed, maintained altered or kept within the corporate limits of the City of Hernando, Mississippi, a pond on property owned or controlled by said party or parties.

Section 3

The failure or omission of any person, firm or corporation to cause or to have pond removed from his property upon notice given as provided under Sub-Section 4 within three (3) days after receipt of said notice shall constitute a misdemeanor; and any person or persons found guilty of a violation of this ordinance shall be fined for the first offense, a sum not to exceed One Hundred Dollars ($100.00); for the second offense, a sum not to exceed Two Hundred Dollars ($200.00); and for the third offense not to exceed a sum of Three Hundred Dollars ($300.00); and for all subsequent offenses a sum of Three Hundred Dollars ($300.00) per day and all costs impaired in the removal by the municipal authorities for the removal of said pond from the property, and said fine and cost shall constitute a lien on the property of any person or persons in violation of this ordinance.

Section 4

Upon any reported violation or discovery of any violation of Section 2 and Section 3 of this ordinance one of the following municipal officials shall give written notice by registered mail upon the owner of the property that said pond is in violation of this ordinance. The notice shall provide and have contained therein the following: (1) the date the violation was reported or discovered; (2) the reported violation; (3) the name of the owner of the property; (4) the location of the property; (5) a copy of this ordinance; and (6) final date notifying the offending party that the pond shall be filled or removed from his property. A copy of said notice shall be kept on public record in the City hall of the City of Hernando, Mississippi. The following officials are permitted to enforce the provisions or this ordinance and give notice to the offending party or violator as aforesaid, to-wit: The Mayor of the City of Hernando; the City of Hernando Building Inspector; the City Engineer; any member of the City Planning and Zoning Commission; and any Police Officer of the City of Hernando.

Section 5

Expressly excluded from the provisions of this ordinance are the following:

Children’s wading pools of plastic, fiberglass, or other construction materials other than that of earthen construction;
Private and public swimming pools that comply with all zoning and construction requirements of the City of Hernando, Mississippi and all requirements of the DeSoto County Health Department and the Mississippi State Board of Health;
Industrially related bodies of water that comply with all Municipal Zoning and Planning Ordinances, State, County and Federal Requirements for the maintenance thereof;
Any existing ponds within the corporate town limits of the City of Hernando, Mississippi that were in existence on anyone’s property prior to July 16, 1974. Provided, however, that no enlargements or alterations of any existing pond or lake that was in existence prior to July 16, 1974 shall be permitted under the provisions of this ordinance. Any existing pond may be enlarged or altered with the written consent and permission of the City of Hernando Planning and Zoning Commission, and the Mayor and Board of Aldermen. That all of said officials may give written permission to the party seeking to extend and enlarge or alter any existing pond or lake within the City corporate limits.

Section 6

If any part of this Ordinance, Section or Provision is found to be unconstitutional or invalid, the remaining parts of these sections and provisions shall be valid, it being hereby declared that all constitutional and valid provisions hereof will have been enacted at the time exclusion of any section or provision which might be found to be unconstitutional or invalid.

Section 7

Any and all ordinances or parts of ordinances in conflict herewith and any parts hereof are expressly repealed unless otherwise provided herein.

Adopted: August 6, 1974

1.7 APPROVAL REQUIRED BEFORE ANY WORK MAY BE PERFORMED ON OR OVER THE SURFACE OF ANY DEDICATED STREETS AND INTERFERENCE WITH UNDERGROUND CABLES PROHIBITED

Section 1

It shall be unlawful for any person, corporation, firm, partnership or any branch of or department of the City of Hernando to perform any work on or under the surface of the of way of any dedication street as now laid out to the City in the future without first having submitted a plan for the proposed work to the City Engineer and having received his approval thereon within two (2) working days thereafter.

The word “street” as used in this ordinance shall mean and include any street, alley, road or other public way in the City of Hernando.

Section 2

Any party set forth in Section 1 of this ordinance in the performance of such work as described in said Section, shall abide by all ordinances of the City Hernando and rules and regulations of the City Engineer in the performance of such work. In case of emergency where such work must be performed at a time when the City Engineer is not open or available to the general public, the work shall proceed and the application for permission for the performance thereof shall be made to the City Engineer within forty-eight (48) hours after commencing said work.

Section 3

The City shall not charge any fees of any kind as a prerequisite tot eh obtaining of permission to do any work covered by the provision of this.

Section 4

The City Engineer is hereby authorized to promulgate with the approval of the Mayor and Board of Aldermen any rules and regulations for the implementation of this ordinance, which rules and regulations shall have the effect of the law.

Section 5

Any person, corporation, firm, or partnership who owns, operates or maintains any type of cable for the transportation of electricity or other hazardous elements (hereinafter called “Utility Operator”) located under the surface of the right of way of any dedicated street as now laid out within the City of Hernando in the future, shall maintain in the office of the City Engineer at City Hall, a map of its cable-line system within the City of Hernando. Each corporation, person, firm, partnership or any branch of or department of the City of Hernando making application for approval to work on or under the surface of any right of way as above set out shall check said map and notify any Utility Operator with cable lines in the area of his work. The Utility upon receiving such advance notification shall, within two (2) days allowed for approval by the City Engineer, make an investigation to determine the location of its cable lines in the area of the proposed work and mark by some reasonable and customary means the location of cable lines in or near the area of work so as to enable the person engaged in the work to locate the cable line in advance of doing the work, or shall advise that marking is not necessary.

Section 6

Any person, corporation, firm partnership, and the City employee in charge of the performance of any work covered by this ordinance or the rules or regulations promulgated hereunder, who shall fail to comply with the terms thereof shall, upon conviction, be guilty of a misdemeanor and may be punished by imprisonment not to exceed ninety (90) days, r a fine not to exceed $300.00, or both of such imprisonment and fine.

Section 7

The notice provision of this ordinance shall not apply to a Utility holding a Public Service Commission Certificate unless the work involved cutting the pavement or surfaces of a traveled area.

Section 8

If any part of this ordinance, section or provision is found to be unconstitutional or invalid, the remaining part or sections and provisions shall be valid, being hereby declared that all constitutional and valid provisions hereof shall have been enacted at the exclusion of any section or provision which may be found to be unconstitutional or invalid.

Section 9

Any and all ordinances or parts of ordinances in conflict herewith or any pert hereof are hereby expressly repealed.

Adopted: April 3, 1979

Effective: May 4, 1979

1.8 AN ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HERNANDO, MISSISSIPPI PROVIDING FOR PLANNING AND MANAGEMENT OF THE PLANTING AND MAINTENANCE OF TREES AND OTHER PLANTS IN CERTAIN PUBLIC PLACES, AND FOR PENALTY FOR VIOLATIONS OF SUCH PROVISIONS

SHORT TITLE: HERNANDO URBAN FORESTRY ORDINANCE.

An Ordinance in pursuit of promoting the health, safety, and general welfare, and to protect the tree and plant resources of the City of Hernando, Mississippi by establishing policies, regulations and standards necessary to ensure that the City of Hernando will continue to realize the benefits of shade, beauty, and other environmental benefits of its urban trees, plants and forests; and to maintain such trees, plants and forest in a healthy and non hazardous condition through good arboricultural practices.

NOW THEREFORE BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Hernando, Mississippi as follows to wit:

SECTION 1. This Ordinance shall be known and may be cited as the Hernando Urban Forestry Ordinance, which is identified as the “short title” above.

SECTION 2. Nothing in this Ordinance shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon any street area on his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, boulevard, alley or public place within the City.

SECTION 3. No person, firm or corporation shall interfere with the Tree Advisory Board, or persons acting under its authority or under other authority of this City, while engaged in planting, mulching, pruning or removing any tree in any street right-of-way or public place, or overhanging hazardously there onto within the City.

SECTION 15. EFFECTIVE DATE

This Ordinance shall become effective thirty (30) days after publication hereof.

SO Adopted, on this the 16^th day of June 2010.

VOTE:YEA NAY

ALDERMAN LAUDERDALE YEA _____ _____

ALDERMAN BRYANT YEA _____ _____

ALDERMAN HIGDON YEA _____ _____

ALDERMAN HOBBS YEA ____ _____

ALDERMAN MANNING YEA _____ _____

ALDERMAN MILLER _ YEA ____ _____

ALDERMAN TIPTON YEA _____ _____

By:

/s/ Chip Johnson

___________________________________

MAYOR CHIP JOHNSON

ATTESTED TO:

/s/ Jannett Riley

__________________________

JANNETT RILEY, CITY CLERK

(SEAL)

2.1 AN ORDINANCE ESTABLISHING PROVISIONS AND REGULATIONS FOR THE ENFORCEMENT OF ANIMAL CONTROL WITHIN THE CITY OF HERNANDO, MISSISSIPPI

WHEREAS, present conditions exist which make it mandatory that the Board of Aldermen for the City of Hernando, Mississippi strictly regulate the keeping of stray, vicious and nuisance dogs; and

WHEREAS, the Board of Aldermen find that the following regulations, prohibitions and standards are in the best interest of the citizens of Hernando, Mississippi; and

WHEREAS, said regulations, prohibitions and standards will contribute to the public safety, health and welfare of the citizens of said Hernando, Mississippi; and

WHEREAS, the prior “Ordinance Prohibiting Dogs Running at Large within the City of Hernando and Repealing Chapter 2-1 of the Code of General Ordinances of the City of Hernando, Mississippi adopted on September 2, 1986” is hereby repealed by approval of this Ordinance establishing Guidelines and Regulations for the Enforcement of Animal Control and its actual effective date.

BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Hernando, Mississippi as follows:

Section 1. Definitions

A. Animal means any live, vertebrate creature, domestic or wild, except homo sapiens.

B. Animal Control Division means the review and enforcement authority under the supervision of the Hernando Police Department and empowered to administer this chapter.

C. Animal Control Officer means any person designated by the Hernando Police Department as a law enforcement and/or animal control officer who is authorized to perform such duties under the laws of this state. That additionally any reference herein to Animal Control Officer shall also include and the same as Police Officer.

D. Animal Shelter means any facility operated by the City of Hernando and/or DeSoto County, Mississippi, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

E. Feral dog means any dog that has escaped from domestication and become wild, dangerous or untamed.

F. Owner means any person, partnership or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be “harbored” if it is fed and/or sheltered.

G. Pet means any animal kept for pleasure rather than utility.

H. Public Nuisance means any animal which:

1. Molests passerby or passing vehicles;

2. Attacks other animals

3. Trespasses on school grounds, county parks, or private property;

4. Repeatedly runs at large;

5. Damages private or public property;

6. Barks, whines, or howls in an excessive, continuous, or untimely fashion;

7. Defecates or frequently urinates on public property or private property of one other than its owner; or

8. One that is allowed by its owner to become a nuisance to people or other animals.

I. Restraint means the condition of securing any dog or other such animal by leash or lead of less than six (6) feet, confinement within the fenced property limits of its owner, by tethering such a way that the animal is confined or restrained within the real property limits of its owner or by confinement within a fenced area within a pen or fenced area within the boundaries of the real property held by the owner.

J. Running at large describes any dog not under restraint.

K. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseased and injuries of animals.

L. Vicious animal means:

1. Any animal which has shown a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings and/or domestic animals including other dogs.

2. Any animal which when unprovoked (a) bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, parks or on any public grounds in a menacing or terrorizing manner or apparent attitude of attack.

3. Any animal which is owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

4. Any animal which, according to the records of the animal control officer, has inflicted severe injury on a human being without provocation on public property.

5. Any animal which, according to the records of animal control officer, has killed a domestic animal without provocation while off the owner’s property.

EXCEPTIONS: Notwithstanding the above, no animal may be considered a vicious dog if injury or damage is sustained by a person who, at the time of injury or damage was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be considered vicious if injury or damage was sustained by a domestic animal which at the time of such injury or damages was teasing, tormenting; abusing or assaulting the animal. No animal may be considered vicious if the animal was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

M. Enforcement of Ordinance: The civil and criminal provisions of this Ordinance shall be enforced by the division of animal control for the City of Hernando and/or the Hernando Police Department.

Section 2. Police Department, Animal Control Officer to enforce Ordinance: Interfering with Prohibited.

A. It shall be a violation of this Ordinance to interfere with an animal control officer or police officer in the performance of his duties.

B. Any police officer or animal control officer having probable cause that a person has violated a Section of this ordinance may, in lieu of obtaining a misdemeanor warrant for arrest of such suspect, issue to said person a written citation requiring said person to appear at a date and time in the Hernando City Court to answer the charge or charges specified in the citation.

C. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and shall be punished by fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment, unless otherwise provided for herein. Each day’s violation shall be deemed a separate offense.

Section 3. Exposing to Poisons

A. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by animal; provided that is shall not be unlawful for a person to expose on his own property common pest-control mixed with only vegetable substances.

B. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment, unless otherwise provided for herein. Each day’s violation shall be deemed a separate offense.

Section 4. Keeping of Vicious Animals

A. While on the owner’s property, a vicious animal shall be securely enclosed and child-proofed locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall be upon the premises of the person owning or harboring the same. Such pen or structure must have secure sides and a secure top. If such per or structure has not bottom secured to the sides, the sides must be embedded in the ground no less than two (2) feet.

B. No person owning or possessing a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless the dog is securely leashed.

C. No vicious dog may be kept on a porch or patio or any part of a house o r structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure where the windows are open or when screen windows or doors are the only obstacle preventing the dog from exiting the structure.

D. All owners, keepers or harborer of vicious dogs within the City of Hernando shall within ten (10) days of the effective date of this ordinance display a prominent place on their premises a sign easily readable by the public using such words as “Beware of Dog”. In addition, a similar sign shall be posted on the kennel or pen of such animal.

E. The owner or harborer of any dog, which according to the records of the Animal Control Officer and/or the Hernando Police Department or any such other law enforcement agency, has seriously injured a person without provocation or which has aggressively killed a domestic animal (including other dogs) shall be required to provide public liability insurance in a single incident amount of $500,000.00 for bodily injury to or death of any person or persons for damage to property resulting from the continued ownership, keeping or maintenance of such dog. Such insurance shall contain a provision that the same may not be canceled until ten (10) days notice of cancellation has been given to Hernando Police Department. This section shall apply to dogs brought into the City of Hernando, Mississippi and shall not supersede any other provision of this ordinance. “Serious Injury”, for the purposes of this section means any physical injury resulting in any suturing, clamping or gluing on any person and/or hospitalization including Emergency Room treatment whether at a hospital or private clinic.

F. Every vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely restrained whenever off the premises of its owner.

G. The persons having the enforcement duty under this Ordinance may enter the premises where a vicious dog or animal is kept for an on-site inspection of the premises, and said inspection shall made only after two (2) days notice to the occupant of the premises. This provision is for inspection of the premises only and does not prohibit any lawful officer from making an inspection for the purposes of investigating any incident and/or crime related to the possible keeping of any such dog(s) on such property.

H. This section shall not apply to dogs kept by law enforcement agencies.

I. The owner or keeper of vicious animal shall notify the animal control officer or Hernando Police Department within twelve (12) hours if a vicious animal is loose, unconfined, has attacked another animal or human, or is otherwise missing.

Section 5. Responsibility of Owner’s of Animals Generally

A. Animal pens or enclosures shall be large enough to provide reasonable freedom of movement to the animals contained therein.

B. No owner of an animal shall abandon such animal or fail to maintain such animal in a healthy condition or to provide appropriate veterinary treatment immediately, if ill.

C. No owner shall fail to provide his animals with sufficient food and wholesome food and water, proper shelter and protection from the weather and to generally provide humane care and treatment.

D. If probable cause exists that any dog(s) are kept under such conditions as to constitute a violation of this section, a petition for abatement shall be filed by the Animal Control Officer or Police Officer in the City Court, specifically noting the offending conditions. A copy of which shall be served on the owner or harborer of said animals, with a note to appear in said Court at a specific time and place to show cause if any why an Order of Abatement should not be entered against him, if evidence established that the offending conditions, or any combination of them are present, the Court shall order the same abated within ten (10) days and assess Court costs against the party responsible for said conditions. The Court may also levy a fine of not more than $500.00 for each violation that in lieu of petition for abatement, the Animal Control Officer or Hernando Police Officer may issue a written warning of offending nuisance conditions but is not required to do so.

E. If a previous abatement order has been entered against a person within twelve (12) months of a second charge of a violation of this section, and the same or similar offending nuisance conditions are found on the premises cited, then a mandatory fine shall be assessed against said person in the amount of $500.00 and the condition again ordered to be abated. The Court may also order the offending party to the county jail, for up to thirty (3) days and no such portion of the mandatory fine may be suspended.

F. Upon a third offense, within twelve months of second charge of such violation, the person responsible shall suffer a mandatory fine of $750.00 if convicted of failing to meet the standards of responsibility established by this section. The Court may also order the offending party to the county jail for up to ninety (90) days in jail and no portion of the mandatory fine may be suspended.

Section 6. Vaccination of Dogs against Rabies

A. Any person owning, keeping, harboring or having custody of any dog three (3) months of age or older within the City of Hernando shall have that animal vaccinated against rabies with the approved anti-rabic virus (vaccine) properly administered by one legally authorized to do so. It shall be unlawful for any person to worn or have in his possession any dog not so vaccinated. Every dog must be vaccinated in accordance with the Compendium of Animal Rabies vaccines as prepared by the national Association of State Public Health Veterinarians, Inc.

B. The owner of any dog shall see that the animal wears a securely branded metal tag with the serial number of the vaccination and the yard in which the animal was inoculated stamped thereon and shall see that the collar and the tag are worn by the dog at all times.

C. The failure to comply with this section shall constitute a misdemeanor, and the offender shall, on conviction thereof, be fined fifty dollars ($50.00) for the first offense, seventy five dollars ($75.00) for the second offense and on hundred dollars ($100.00) for the third offense. It shall be the duty of the division of animal control to enforce this section. Failure to comply may also result of impoundment of such animal for a period of up to five (5) days. That in the event the owner fails to claim such animal within the five (5) day period then such animal may be adopted out or humanely destroyed.

Section 7. Permitting to Run at Large

A. It shall be unlawful for the owner of any dog to permit it to run at large within the City of Hernando unless it is under the direct supervision of the owner and properly leashed.

B. Animals running at large shall be impounded at an animal shelter as provided by the City.

C. The failure to comply with this section shall constitute a misdemeanor, and the offender shall on conviction thereof, be fined fifty dollars ($50.00) for the first offense, seventy five dollars ($75.00) for the second offense and one hundred dollars ($100.00) for the third offense. It shall be the duty of the division of animal control and/or the Hernando Police Department to enforce this section.

Section 8. Elimination of Animals

A. The animal control officer shall have the authority to seize and destroy or have destroyed an animal or a dog determined to be feral or vicious, as defined in Section 1 of this Ordinance. The destruction of said animal shall be conducted in an expeditious and humane manner. Additionally, the Animal Control Officer and/or Hernando Police Department shall have the authority to destroy any animal or dog determined to be within one of the three categories identified below:

1. The animal or dog is determined by the Animal Control Officer or Hernando Police Department to be a wild or stray dog by determining that two (2) of the following are met as provided by section 41-53-11 of the Mississippi Code of 1972, as amended, to-wit:

a. The dog is running at large or not properly confined as described pursuant to this ordinance;

b. There is no vaccination tag around the dog’s neck;

c. Attempts to peacefully capture the dog have been made and proven unsuccessful.

2. The dog or animal has aggressively attacked and caused serious injury or death of any human. For the purposes of this section, “serious injury” means any physical injury that results in broken bones or disfiguring or lacerations requiring sutures, clamping, gluing, or cosmetic surgery. Under such circumstances, the Animal Control Officer or Hernando Police Officer shall immediately confiscate said animal and place the same in quarantine for a period of ten (10) days, and thereafter destroy said animal as provided in this section. However, the Animal Control Officer or Hernando Police Officer shall be authorized to use deadly force upon said animal when the officer is confronted by a vicious dog or other animal and reasonably fears for his safety or the safety of others who are in near proximity to said animal.

3. If the animal control officer determines that an animal is incurably injured or diseased then under such circumstances it shall be the duty of the Hernando Police Department or duly authorized Animal Control Officer to humanely euthanize or have the same humanely euthanize said animal with an injection, or if necessary discharge a firearm, so as to mercifully end the life of the animal suffering from an incurable injury or disease and it being first determined that the destruction of the animal is the sole effective means of controlling a pubic nuisance or health hazard. Reasonable efforts shall be conducted by the Hernando Police Department or Animal Control Officer, not exceeding five (5) days, or first locate the owner of any such injured animal unless the animal causes the officer to fear for his safety or the safety of others in near proximity or so as to prevent a public hazard.

B. Except in those instance when the Animal Control Officer or Hernando Police Officer must immediately destroy a feral or vicious animal or dog, said officer shall take the animal into his custody for confinement in the appropriate county animal shelter. Upon the Animal control Officer’s determination that it shall be necessary to destroy the animal pursuant to this section, the Animal Control Officer shall take reasonable efforts to provide proper notice to the owner of the animal. The Animal Control Officer shall take the following steps to locate and/or notify the owner of the animal:

1. If the owner is not known or to be found, the Animal Control Officer shall post notice of the intention to destroy said animal in three (3) public places for a period of fourteen (14) days. If no person claims to be the owner of said animal in such time, the Animal Control Officer shall be authorized to destroy the animal in an expeditious and humane manner.

2. If the owner is identified and known, the Animal Control Officer or Hernando Police Officer shall advise the owner either by written correspondence sent certified mail via U.S. Postal Service or hand delivery witnessed by another person advising the owner of the current detention of the animal and determination that said animal is feral or vicious and is to be destroyed. Said notice shall advise the owner that has ten (10) days to object in writing to City Court of Hernando to the intended destruction of the animal and show cause why the animal should not be destroyed. Said written objection must be received by the City Court Clerk within ten (10) days from the receipt of the notice.

a. If the owner does not respond in writing to City Court Clerk within ten (10) days to the Animal Control or Police Officer’s written correspondence, said Animal Control or Police Officer shall proceed with destroying the animal in a humane manner.

b. If the owner does respond, in writing, and advises the Animal Control or Police Officer of his objection to the destruction of the animal then the Animal Control or Police Officer shall proceed as set forth in Paragraph C.

c. If the owner of an animal responds to the Animal Control or Police Officer’s written notice of the custody of the animal and intention to destroy the same as described above, the animal control officer shall proceed as follows:

1. The Animal Control or Police Officer shall seek a determination hearing to be held before the City Judge of the City of Hernando, Mississippi to determine if the animal is a feral or vicious animal as defined herein. If the animal is determined at the hearing to be feral or vicious by the City Court Judge, the Animal Control or Police Officer shall seek the authority of the City Court Judge to destroy the animal.

2. The Animal Control or Police Officer shall advise the owner by written correspondence sent certified mail via U.S. postal Service, or hand delivered that he is seeking the authority of the City Court of Hernando, Mississippi to destroy the anima and that said matter shall be heard by the City Court Judge of Hernando, Mississippi on a date certain. Said notice shall be mailed and/or hand delivered to the owner or person in possession of such animal not less than five (5) days prior to the determination hearing date.

3. Then Animal Control or Police Officer shall then present to the City Court its desire to destroy the animal. Said hearing shall be conducted in the City Court of Hernando, Mississippi on the date for which the owner of the animal was notified or to a date continued there from. The owner of said animal shall have the right to object before the City Court Judge as to the destruction of his animal and show cause why the same should not be done.

C. Upon the hearing of the facts as presented by the Animal Control Officer and the owner of the animal at issue, the City Court Judge of Hernando, Mississippi shall determine whether the animal is feral or vicious as defined herein and whether the animal shall be destroyed.

1. In the event the City Court Judge determines that the animal should not be destroyed, the Animal Control or Police Officer shall release the animal to the owner as soon as it has been confirmed that the animal is not rabid.

2. In the event that the City Court Judge determines that the animal shall be destroyed, the Animal Control or Police Officer shall retain control of the animal for a period of thirty (30) following the entry of the written order of the City Court Judge. During this thirty (30) day period, the owner of said animal shall have the option of appealing the City Judge’s decision to the County Court of Hernando, Mississippi.

a. The owner of an animal shall have the option to appeal the decision of the City Judge to destroy the animal in the same manner that any decision of the City Judge can be appealed to the County Court as provided by the laws of the State of Mississippi. This appeal shall be perfected within thirty (30) days following the decision of the City Judge to destroy the animal. If the appeal of the owner is not perfected within this thirty (30) day period, the animal control officer shall be authorized to immediately have the same humanely destroyed.

b. In the event that the owner does properly appeal the decision of the City Court to the County Court of Hernando, Mississippi, the Animal Control Officer shall continue to retain control of the animal at the appropriate county animal shelter until otherwise ordered by the County Court of Hernando, Mississippi.

D. At any time during the process for the destruction of an animal or dog as set forth herein under Section 9, the owner of said animal may sign a waiver agreeing to the immediate euthanization of said animal and waiving any right to contest or appeal said euthanization.

E. At any time during the process for the destruction of an animal or dog as set forth herein under Section 9, the owner may request said animal to be housed with a veterinarian instead of with the County Animal Shelter by signing a written request and with the agreement that the owner pay all expenses incurred with the veterinarian.

F. Any person identified to be the owner of an animal which has been brought within the control of the Animal Control Officer shall be responsible for the following fees for as long as the animal is impounded, including all periods of appeal allowed the owner.

1. Impounded at the City of Hernando or DeSoto County facility will be a fee of $25.00 plus for each day of impoundment (per dog) $5.00.

2. If the animal is determined to be injured or diseased, other than diseased with rabies, then said owner hall have the option to request proper veterinarian treatment and shall be responsible for all bills incurred for said treatment;

3. The costs incurred by the Animal Control Officer for the euthanization of said animal or having said animal euthanized;

4. All costs incurred with any veterinarian for treatment or services provided to said animal.

Section 9. Impoundment Generally

An unrestrained dog constituting a public nuisance shall be taken by the Hernando Police Department or its duly appointed officer, or Animal Control Officer and impounded in an enclosure or animal shelter kept for that purpose, to be provided by the City and there confined in a humane manner. Such dog shall be kept for at least five (5) days unless sooner claimed by owner; impounded dogs, not suffering from an injury or infectious disease, shall be kept for not less that five (5) days.
Any vicious dog shall be immediately seized by the Hernando Police Department or its Animal Control Officer if:

The owner does not secure the liability insurance coverage required herein within 30 days of enactment of this Ordinance;
Owner does not maintain the dog in a proper enclosure;
The owner willfully or negligently permits the dog outside the dwelling of the owner or outside the proper enclosure and does not have the dog under personal physical restraint of the owner;
The Animal Control Officer has the authority to seize the animal pursuant to the terms set forth is Section 8 (Elimination of Animals) of this Ordinance.

Notice to Owner Redemption: If by a tag or other means, the owner of an impounded dog can be readily identified, the Animal Control Officer shall, upon impoundment, notify the owner by telephone or mail. Within five (5) days the rightful owner of any dog upon the payment of a pound fee as hereinafter provided, however, that if an unvaccinated dog is claimed by the owner, the owner must make arrangements for the vaccination of said dog satisfactory to the supervisor of Animal Control. An owner reclaiming an impounded dog shall pay a fee as follows:

Dogs (per day) $25.00

Plus for each day of impoundment (per dog) $ 5.00

Disposition if not reclaimed by owner within five (5) days shall become the property of the City and may be placed for adoption in a suitable home for a fee of ten dollars ($10.00), or humanely euthanized with an injection provided that, if an unclaimed dog is adopted, the adoptive owner must make arrangements for the vaccination of said dog satisfactory to the supervisor of Animal Control. The five (5) day waiting period is waived for a vicious or feral dog, or for any dog suffering from an infectious disease. Pursuant to Section 97-41-3, Mississippi Code Annotated 1972, an injured or neglected animal may be humanely euthanized without any waiting period.
The owner of an impounded dog may also be held responsible for any violation(s) of any other section of this Ordinance and subject to the appropriate penalties set forth therein.

2.2 SANITARY CODE FOR VENDORS AND DEALERS OF SEAFOOD

Section 1

It shall be required that all vendors and dealers of seafood shall have and keep such seafood in a manner so as to insure it against spoilage by keeping same properly refrigerated and screened.

Section 2

That the place of business which deal in seafood shall have refrigerated boxes, which constantly keep the temperature below 35° F, and to have all openings such as windows, doors, equipped with screens and to keep all refuse and garbage in covered receptacles outside of the building.

Section 3

That all vendors and dealers of seafood selling out of vehicles such as wagons, trucks, push carts, etc., which have no fixed place, but are moved about, and have not screen protection for the seafood and no means of keeping the temperature below 35°F, and having no sanitary disposal unit for the disposal of refuse and garbage, are hereby declared to be unsanitary.

Section 4

Anyone violating the sanitary provisions of this ordinance shall be fined not more than $25.00 for the first offense, not more than $100.00 for the second offense, and shall be fined no more than $100.00 and imprisonment for not more than 10 days for each subsequent offense.

Section 5

That any and all ordinances or parts of ordinances in conflict herewith, or any part hereof, is expressly repealed.

Section 6

If any part of this ordinance, section or provision is found to be unconstitutionally invalid, the remaining part of these sections and provisions shall be valid, it being hereby expressly declared that all constitutional and valid provisions hereof shall be enacted as to the exclusion of a section or provision which might be unconstitutional or invalid.

2.3 MASSAGE PARLORS AND MASSEUR/MASSEUSE

Section 1

It shall be unlawful for any person to engage in the operation of a massage parlor or to operate as a masseur/masseuse without having first obtained a permit to do so.

Section 2

For the purposes of this ordinance, a massage parlor is defined as “any place where members of the general public or any number thereof, may, for remedial or hygienic purposes, have their body rubbed, stroked, kneaded, manipulated or tapped with the hand or a mechanical instrument”; and a masseur is defined as “a man who practices this trade”; and a masseuse is defined as “a woman practitioner thereof”. It shall be a violation of this ordinance for a masseur/masseuse to massage the genital area of any patrol of a massage parlor.

Section 3

All applications for a permit as required by this ordinance shall be made in writing under oath to the Chief of Police and shall specify the location of the massage parlor, giving the name and address of the owner and any all persons having any ownership therein, as well as the name and address of any and all persons proposing to operate same, the name and address of each masseur/masseuse to be employed and all such other information as may be required by the Chief of Police from time to time.

In addition to the foregoing information, any masseur/masseuse shall furnish to the Chief of Police a recent picture of themselves.

Section 4

The Chief of Police, before recommending to the City Council the issuance of a permit for either a massage parlor or a masseur/masseuse, shall thoroughly investigate the character and reputation of the owner or owners, operators, masseur/masseuse and shall inspect the premises where the massage parlor is proposed to be operated.

All persons engaging in the operation of the massage parlors, as well as each masseur/masseuse, shall obtain at least once a year, and as often thereafter as the County Health Officer may require a health certificate from the County Health Department before engaging or continuing in the operation of a massage parlor or practicing the trade of masseur/masseuse.

Section 5

No license shall be issued to an operator or masseur/masseuse who is not an adult bonafide resident citizen of the City of Hernando, Mississippi at the time of the application; who has been denied an application either to practice the trade of masseur/masseuse or to operate a massage parlor within the past five (5) years; has been convicted of a felony or a violation of the liquor or drug laws of the State or who has been convicted of the gambling laws of the State or of any crime either in State or Federal Courts involving moral turpitude.

When a person holding a permit to either operate a massage parlor or to practice the trade of masseur/masseuse moves his domicile from the City of Hernando, Mississippi, he shall immediately forfeit any permit he holds under this ordinance.

Section 6

The Chief of Police shall at various times cause each massage parlor to be inspected by the County Health Officer and any massage parlor found to be operating in an unsanitary or unhealthful manner shall immediately forfeit its permit, and such permit shall remain forfeited until such time as the County Health Officer shall certify that the aforesaid deficiency has been fully and adequately corrected.

Section 7

In addition to any other penalty provided for the violation of this ordinance, any person holding a license thereunder who violates any provision thereof shall forfeit said license after a hearing thereon before the Chief of Police.

Section 8

No license issued under the terms of this ordinance shall be valid for a period of more than one year following the date of the issuance thereof; any applicant applying for a permit to either operate a massage parlor or to follow the trade f masseur/masseuse shall pay a fee of One Dollar ($1.00) therefore.

Section 9

The provisions of this ordinance shall not apply to any medical doctor, physical therapist holding a license to practice physical therapy, athletic team trainer, schools, religious or fraternal organizations, Y.M.C.A., Y.W.C.A. or other like organizations.

Section 10

No massage parlor covered by this ordinance shall conduct any business on Sunday and shall remain open on other days only between the hours of 9A.M. and 10:30P.M.

Section 11

All massage parlors shall fully comply with all fire, building, electrical, plumbing and safety regulations of the City.

Section 12

Any person convicted of violating any of the terms of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not to exceed ninety (90) days or both such fine and imprisonment. Each day of any violation thereof shall constitute a separate offense.

Section 13

The provisions of this ordinance are severable and if any of its provisions shall be held to be unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect, impair, or abrogate any of the remaining provisions but the remaining provisions thereof shall be and remain in full force and effect with regard to that phrase, clause, or portion invalidated.

Adopted: June 7, 1977

Effective: July 8, 1977

2.4 REMOVAL OF LITTER FROM THE PUBLIC RIGHTS-OF-WAY, PROPERTY AND UTILITIES

Section 1

That for the purpose of this Ordinance, the following definitions shall apply:

a. Person – shall mean any person, firm, partnership or corporation posting or placing signs on public property, public rights-of-way and public utilities in the City of Hernando, Mississippi corporate limits.

b. Public Property – shall mean any and all property owned, leased, or controlled by the City of Hernando, DeSoto County, Mississippi.

c. Public right-of way – shall mean all streets, roads, easements for utilities owned or controlled by the City of Hernando, Mississippi

d. Public Utilities – shall mean all power lines, gas lines, water lines, sewer lines, including accessories thereto, such as out buildings, telephone or power poles, owned or controlled by the City of Hernando, Mississippi.

e. Litter – shall mean all signs of any nature and construction placed on any telephone pole or utility pole or public property or right-of-way within said corporate limits, upon which posters or literature advertising any event, person or thing that shall be posted.

f. Private Property – shall mean any and all property not owned, controlled or leased by the City of Hernando, located in the City of Hernando, Mississippi corporate limits.

g. City – shall mean the City of Hernando, DeSoto County, Mississippi, and any and every place within the City of Hernando, DeSoto County, Mississippi corporate limits.

Section 2

It shall be unlawful for any person, corporation, partnership or firm to place or have placed signs or literature or notice of any kind or of any nature whatsoever upon any public property, public right-of-way or public utilities in the City of Hernando, DeSoto County, Mississippi corporate limits for the purposes of advertisement of any event, person or thing, unless expressly excluded herein.

Expressly excluded from the provisions of this Ordinance are legal notices, signs placed on private property with the consent of the owner or person in control of said property, and any signs or notices necessarily placed on said public property, such as notices for warning safety, warning of any danger or out of public necessity in connection or pertaining to said property placed by persons in control of said premises.

Section 3

Any person, firm, partnership or corporation, its agents, servants or employees, shall be first given written notice of the violation of this Ordinance by the Mayor of the City of Hernando, Mississippi, and shall, after receiving said notice, remove said signs, literature or posters within a twenty-four (24) hour period after notification; a failure to so remove said signs, literature or posters from the aforementioned public property set forth in the preceding paragraph within the prescribed twenty-four (24) hour period of time, shall be considered in violation of this Ordinance, and if said parties are found guilty of violating this Ordinance, shall be fined a sum of not more than fifty dollars ($50.00), plus reasonable and necessary costs for removal of each poster. Each of said posters shall constitute a separate offense under this Ordinance.

Adopted: September 23, 1975

2.5 THROWING TRASH ON STREETS

Whoever shall put, throw, dump or leave any tin cans, bottles, jars, glassware or broken glass, paper, boxes, old iron, tools machinery, vehicles and brick or any article classified as trash or debris of any kind and character whatsoever upon the public streets, alleys, rights-of-way or thorofares of the City of Hernando shall be guilty of a misdemeanor and upon conviction be fined not more than twenty five dollars ($25.00).

Adopted: August 3, 1965

2.6 REGULATION AND CONTROL OF THE CLEANING OF PRIVATE PROPERTY

Section 1

For the purposes of this Ordinance, the following definitions shall apply when used herein:

a. Residential Area: All areas located within the corporate city limits of the City of Hernando, zoned residential by the official map of the City of Hernando, on public record in the City Hall of the City of Hernando.

b. Commercial Area: All areas located within the corporate limits of the City of Hernando, Mississippi, zoned commercial by the official map of the City of Hernando, on public record in the City Hall of the City of Hernando.

c. Industrial Area: All areas located within the corporate limits of the City of Hernando, Mississippi, zoned industrial by the official map of the City of Hernando, on public record in the City Hall of the City of Hernando.

d. City: The word “City” shall mean the City of Hernando and any and every place within the corporate limits of the City of Hernando, Mississippi.

e. Owner: The word “Owner” shall include any person, firm or corporation owning, leasing, possessing or controlling any parcel or tract of land within the corporate limits of the City of Hernando.

Section 2

The governing authorities of the City of Hernando are hereby authorized and empowered on its own motion, or upon the receipt of a petition requesting the municipal authorities to so act, signed by a majority of the residents residing upon any street or ally within 300 feet of any parcel of land alleged to be in need of cleaning to give to the property owner by United Stated Registered Mail, Return Receipt Requested, receipted by addressee only, three (3) weeks before the date of a hearing, or if the property owner be unknown or his address unknown, then by three (3) weeks notice in a newspaper having a general circulation in the municipality, of a hearing to determine whether or not any parcel of land is in such a state of uncleanliness as to be a menace to the public health and safety of the community. If at such hearing, the governing authorities, shall in its own resolution, adjudicate such a parcel in its then condition to be a menace to the public health and safety of the community, the governing authorities shall, if the owner may not do so himself, proceed to have the land cleaned by cutting weeds, filling cisterns, removing rubbish, dilapidated fences, outside toilets, dilapidated buildings and other debris, and draining cesspools and standing water therefrom. Thereafter, the governing authority may, at its next regular meeting by resolution, adjudicate the actual cost for cleaning the said lot and the cost may become an assessment against same. However, the action herein authorized shall not be undertaken against any one parcel of land more than three (3) times in any on calendar year, and the expense of cleaning said lot shall not exceed an aggregate of more than one thousand dollars ($1,000.00) per year.

The assessment above provided for shall be a lien against said 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 municipality shall, upon order of the board of the governing authorities, proceed to sell said land to satisfy said lien as now provided by law for the sale of lands for delinquent municipal taxes. All decisions rendered under the provisions of this Ordinance may be appealed in the same manner as other appeals from municipal boards or courts are taken.

Section 3

The Mayor and Board of Aldermen of the City of Hernando are the primary governing authorities of sad City and that the Mayor in his executive functions shall have the primary responsibility of enforcing the provisions of this Ordinance.

Section 4

If any part of this Ordinance, Section or Provision is found to be unconstitutionally invalid, the remaining part of these sections and provisions shall be valid, it being hereby declared that all constitutional and valid provisions hereof shall be enacted after exclusion of any section or provision which might be found to be unconstitutional or invalid.

Adopted: July 6, 1976

2.7 AN ORDINANCE OF THE CITY OF HERNANDO, TO INCLUDE WITHIN THE CODE OF ORDINANCES OF THE CITY OF HERNANDO, BY PROVIDING FOR A SMOKING BAN ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABLITLY CLAUSE AND PROVIDING FOR THE IMPOSITION OF PENALTIES AND PROVIDING AN EFFECTIVE DATE

Whereas, scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; and

Whereas, scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing secondhand smoke is a significant health hazard; and

Whereas, the Mayor and Board of Aldermen find and declare that the purposes of this ordinance are to protect the public health and welfare of its citizens by prohibiting smoking in public places and employment.

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HERNANDO, MISSISSIPPI:

That the existing Ordinances of the City of Hernando, Mississippi be subject to the adoption of this ordinance entitled “Smoking Ban Ordinance”, to read as follows:

SMOKING BAN ORDINANCE

Section 1

Article I: Definitions

1. “Bars” means any premises where non-alcoholic or alcoholic beverages are sold or consumed, including, but not limited to, taverns, nightclubs, and cocktail lounges.

2. “Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity, formed either for nonprofit or profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered, and private clubs.

3. “Childcare Facility” means any state licensed childcare facility including, but not limited to, licensed family daycare or licensed group daycare centers, licensed day camps, certified school-age programs and Head Start programs.

4. “City Buildings” means all City owned and operated buildings and those portions of buildings leased and operated by the City.

5. “Common areas of Buildings” means all areas not part of a tenant’s leased premises including but not limited to lobbies, community rooms, hallways, laundry rooms, stairwells, elevators, enclosed parking facilities, pool areas, and restrooms contiguous thereto.

6. “Employee” means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, including those full time, part time, temporary, or contracted from a third party; employee also means any person serves as a volunteer for a business or non profit entity.

7. “Employer” means any person, business, partnership, association, limited liability company, corporation, or other entity, including a public or non-profit entity that employs the services of one (1) or more individuals.

8. “Enclosed Area” means all space between a floor and a ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passage ways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, other landscaping or similar structures.

9. “Entrance” means a doorway and adjacent area which gives direct access to a building from a contiguous street, plaza, sidewalk or parking lot.

10. “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, emotion, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within those professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, wards within and entrances into health care facilities.

11. “Hotel and Motel” means any commercial establishment that offers rooms that contain a bed and toilet facilities to the general public for rent that is not an apartment complex or home.

12. “Mall” means an enclosed, indoor area containing common areas and discrete businesses primarily devoted to the retail sale of goods and services.

13. “Places of Employment” means an enclosed area controlled by the employer, which employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias, hallways and vehicles. This also includes private offices, elevators, medical facilities, stairs, vehicles, and all other enclosed facilities. A private residence is not a “place of employment” within the meaning of this ordinance unless used as a childcare facility.

14. “Private Club” means a facility owned or operated by an association or corporation which does not operate for pecuniary gain or have regular employees and which only sells alcoholic beverages incidental to its operation. Affairs and management of the organization are conducted by a Board of Directors, Executive Committee, or similar body chosen by the members at an annual meeting. The organization has established by-laws and/or a constitution to govern its activities. The organization has been granted a Section 501 exemption from the payment of Federal Income Taxes as a Club under 26 U. S. C. Entry into and use of a private club is restricted to members only. When a private club is open to the public, it does not meet this definition. Private Club also means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes, but not for pecuniary gain.

15. “Private Residence” means a premises owned, rented or leased for temporary or permanent habitation.

16. “Public Place” means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, hotel and motel lobbies, Laundromats, parking garages, public parks, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports areas, theaters, and waiting rooms. A private club is a “public place” when being used for a function to which the general public is invited. A private residence is not a “public place” unless it is used for a child care, adult day care, or health care facility.

17. “Restaurant” means and eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.

18. “Service Line” means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the services involves the exchange of money.

19. “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah, or other lighted tobacco product in any manner or in any form.

20. “Sports Arena or Venue” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and indoor ice rinks, bowling centers and other similar places where members of the general public assemble to participate in or to witness sports, cultural, recreational, or other events.

Article II: Application of Article to City-Owned Facilities

All enclosed facilities, including buildings and vehicles owned, leased, or operated by the City of Hernando, Mississippi shall be subject to the provisions of this Article.

Article III: Smoking Prohibited in Indoor Public Places and in Places of Employment

Except as otherwise provided, it shall be unlawful for any person to smoke in indoor public places, and in places of employment as defined in Section I, Article 1 #13 herein, including but not limited to the following:

a. Aquariums, galleries, libraries and museums

b. Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, professional offices, banks, Laundromats, hotels and motels

c. Bars

d. Bingo facilities

e. Childcare facilities

f. City buildings

g. Common areas in bed and breakfast establishments, hotels and motels and common areas of buildings

h. Convention Facilities

i. Educational Facilities

j. Elevators and enclosed stairwells

k. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performances

l. Health care facilities

m. Hotel and Motel Lobbies

n. Indoor Shopping Malls

o. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities

p. Places of Employment

q. Polling Places

r. Private clubs when being used for a function to which the general public is invited

s. Public forms of transportation, including but not limited to motor buses, taxicabs, or other public passenger vehicles.

t. Public bus and transfer point shelters

u. Public places including parking garages and jails

v. Retail stores

w. Restaurants

x. Restrooms, chambers, places of meeting or public assembly, including schools buildings, under the control of an agency, board, commission, committee or council of the City or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City.

y. Self-service laundry facilities

z. Service Lines

aa. Service lobbies, waiting areas, and the common areas open to the public of financial institutions, businesses and professional offices, and multi-unit commercial facilities.

bb. Sports arenas and venues

cc. Waiting room, hallways, rooms in offices of any physician, dentist, psychologist, chiropractor, optometrist or optician, or other medical services provider.

Article IV: Exceptions

The following areas shall not be subject to the smoking restrictions of this ordinance:

a. Up to twenty percent (20%) of all rooms that are rented to guests in bed and breakfast facilities, hotel and motel rooms may be designated as smoking rooms.

b. Private clubs that have no employees, except when being used for a function to which the general public is invited.

c. Private residences except those being used for a child care, adult day care or healthcare facility.

Article V: Smoking Prohibited in Certain Outdoor Areas

It shall be unlawful for any person to smoke in certain outdoor areas:

a. Within a reasonable distance of twenty-five (25) feet immediately preceding the entrance to and ten (10) feet from the exit of an area where smoking is prohibited.

b. Attached areas of restaurants that are covered or partially covered with more than 50% of the perimeter of the outside area walled or otherwise closed tot eh outside.

c. Seating area of outdoor sports arenas, stadiums, amphitheaters and other venues.

Article VI: Signage

a. Signs prohibiting smoking shall be posted conspicuously at the primary entrance of the premises by proprietor, employer or other person in charge of the building.

b. Signage shall include the international no smoking symbol and be no smaller that 5”x5”.

c. It shall be unlawful for any person to remove, deface, or destroy any sign required by this ordinance, or smoke in a place where any such sign is posted.

Article VII: Proprietor’s Responsibilities

a. The proprietor, employer or other person in charge of premises regulated hereunder, upon either observing or being advised of a violation, shall advise the smoker of this ordinance and request that they extinguish their cigarette or tobacco product and refrain from smoking.

b. The proprietor, employer or other person in charge of premises shall post signage as required by this ordinance.

c. The proprietor, employer or other person in charge of premises shall not provide ashtrays in areas where smoking is prohibited. All ashtrays shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area.

Article VIII: Enforcement

a. The Chief of Police, or his designee, shall have the power, subject to law, to enter upon the premises named in this ordinance to ascertain whether the premises are in compliance with this ordinance. Enforcement will be through issuance of a summons and complaint or affidavit.

b. Any person who desires to register a complaint under this ordinance may contact the City Police Department.

c. Notice of the provisions of this Article shall be given to all applicants for a business license in the City of Hernando.

d. The Fire Department or the Planning Department or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article.