CODE OF ORDINANCES CITY OF BILOXI, MISSISSIPPI 1992
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Adopted: December 14, 1992
Effective: January 14, 1993
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Published in 1992 by Order of the City Council
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OFFICIALS
of the
CITY OF
BILOXI, MISSISSIPPI
AT THE TIME OF THIS CODIFICATION
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Pete Halat
Mayor
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Anthony Matlina, Ward 1
William Stallworth, Ward 2
A. J. Holloway, Ward 3
Russell I. Bistle, Ward 4
Norman Broussard, Ward 5
Emry F. McNeil, Ward 6
Mickey J. Bellande, Ward 7City Council
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Michael Collins
City Attorney
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Karen Brashier
Clerk of the Council
PREFACE
This Code constitutes a complete republication and readoption of the general and permanent ordinances of the City of Biloxi, Mississippi, of 1992.
Source materials used in the preparation of the Code were the 1959 Code, as supplemented through March 6, 1989, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1959 Code, as supplemented through March 6, 1989, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Numbering System
Each section number consists of three component parts separated by hyphens, the figure before the first hyphen referring to the chapter number and the figure after the first hyphen referring to the article, with the number after the second hyphen referring to position of the section within the article. Thus, the first section of Chapter 1 is numbered 1-1-1, and the second section of article II of Chapter 2 is numbered 2-2-2. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system as illustrated below. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix.
CODE CD1:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CODE INDEX CDi:1 Index
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of James S. Vaught, Supervising Editor, and Connie Timmons, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Ms. Karen Brashier, Clerk of the Council, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
ADOPTING ORDINANCE
ORDINANCE NO. 1664
An Ordinance Adopting and Enacting a New Code for the City of Biloxi, Mississippi; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; Providing When Such Code and This Ordinance Shall Become Effective; and Making Technical Corrections to Adopted Publication.
WHEREAS, the Code of Ordinances of the City of Biloxi, Mississippi, has not been comprehensively revised since its original adoption in 1959, and is in need of reorganization and revision to conform to changes in state legislation; and,
WHEREAS, the publisher has prepared a revised version of the Code of Ordinances which may be adopted as the official Code of Ordinances of the city without compliance with the requirements pertaining to the passage of ordinances pursuant to Section 21-13-15, Mississippi Code of 1972, as amended; and,
WHEREAS, the proposed version prepared by the publisher contains certain inadvertent errors or omissions which should be corrected as the code is adopted; and,
WHEREAS, due to the time required to prepare drafts of the new Code of Ordinances, the proposed version prepared by the publisher not contain ordinances adopted after July 13, 1992, and it is the intent of the City Council that those ordinances not be repealed but be renumbered if necessary and incorporated into the Code of Ordinances;
Now, Therefore, Be it Ordained by the City Council of the City of Biloxi, Mississippi as follows:
Section 1. The revised Code of Ordinances of the City of Biloxi, Mississippi, (which is designated as the "Code of Ordinances, City of Biloxi, Mississippi, 1992") consisting of Chapters 1 through 23, each inclusive, as prepared by Municipal Code Corporation of Tallahassee, Florida, and modified by the technical corrections made in other sections of this ordinance, is hereby adopted as the official Code of Ordinances of the City of Biloxi, Mississippi. Due to the size of said Code of Ordinances a copy shall not be attached to this ordinance and attached to the minute book even though a written copy was before the City Council when this ordinance was adopted, but all of its terms shall be incorporated by reference and a copy shall be maintained in the office of the Clerk of Council as custodian of the record of proceedings of the City Council.
Section 2. All ordinances of a general and permanent nature enacted on or before July 13, 1992, and not included in the Code of Ordinances hereby adopted or recognized and continued in force by reference therein, are repealed.
Section 3. Any ordinance or part thereof repealed by a subsequent ordinance adopted by the city council shall not be revived by Section 2 of this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of this Code of Ordinances or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding ninety (90) days in the discretion of the municipal judge. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Ordinances amending or adding to the Code of Ordinances, when passed in the form as to indicate the intention of the City Council to make the same a part of the Code of Ordinances, shall be deemed to be incorporated into the Code of Ordinances adopted hereby. As a result, references to the Code of Ordinances shall be deemed to include the additions and amendments.
Section 6. Ordinances adopted after July 13, 1992, that amend or refer to ordinances that have been codified in the new Code of Ordinances shall be construed as if they amend or refer to the substantively similar provisions of the new Code of Ordinances regardless of any renumbering of the old version.
Section 7. The version of the Code of Ordinances, City of Biloxi, Mississippi, of 1992, which is adopted by this ordinance shall be the version provided by the Municipal Code Corporation of Tallahassee, Florida, as before the City Council at the time of the adoption of this ordinance with technical corrections, which have been made in this supplement 1.
Section 8. This ordinance shall be effective one (1) month after its adoption or as soon thereafter as is legal, provided this ordinance is certified, signed and published as provided by law.
The foregoing Ordinance having first been reduced to writing, was read by the Clerk and moved by Councilman Stallworth, seconded by Councilman Broussard, and was adopted by the following vote:
YEAS: Mattina
StallworthBistle
BroussardNAYS: McNeil ABSENT: Holloway
BellandeThe President then declared the Ordinance adopted this the 14th day of December, 1992.
APPROVED:
/s/ Mickey J. Bellande
President of the CouncilATTEST:
/s/ Karen Brashier
Clerk of the CouncilSubmitted to and approved by the Mayor, this the 16th day of December, 1992.
APPROVED:
/s/ Pete Halat
Mayor