MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs

By: Senator(s) Gunn

AN ACT TO AMEND SECTION 65-7-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE BOARDS OF SUPERVISORS TO PERMIT THE CLOSING DURING CERTAIN HOURS OF CERTAIN COUNTY STREETS WHICH PROVIDE ACCESS TO RESIDENTIAL AREAS OR SUBDIVISIONS IN ORDER TO PREVENT INTERFERENCE WITH PROPERTY AND PRESERVE GOOD ORDER; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 65-7-7, Mississippi Code of 1972, is amended as follows:

65-7-7. (1) Except as otherwise provided in subsection (2) of this section, if any person shall fell any bush or tree and leave any portion thereof in any stream or on any public highway, road or ditch draining the roadway, or obstruct the same in any manner whatever and not immediately remove the obstruction, the overseer of the road shall remove the same, and the person so felling the tree or bush or otherwise obstructing the road or water shall forfeit and pay all expenses of removing the same, to be recovered before any justice court judge of the county in the name of the county. It is the duty of the overseer to cause suit to be commenced therefor, and such person shall be liable for all damages occasioned to another by the obstruction. However, no cattle gap placed on a county road, subject to overflow by the Mississippi River and not protected by levees, shall be considered an obstruction in the public road if such cattle gap is installed with the permission of the board of supervisors and the person installing same also provides a gate adjacent to the road for the passage of stock.

(2) In order to prevent injury to, destruction of, or interference with private property and to preserve good order and peace within residential communities, the board of supervisors by order duly spread upon its minutes may authorize the closing during certain hours of county streets which provide access to clearly identifiable residential areas or subdivisions.

(3) Any violation of this section shall also, upon conviction, be punishable as provided under Section 99-19-31.

SECTION 2. This act shall take effect and be in force from and after its passage.