Senate Bill 2640

AN ACT TO CREATE NEW SECTION 17-25-37, MISSISSIPPI CODE OF 1972, TO PREEMPT ANY LOCAL ORDINANCE THAT WOULD LEGALIZE CAMPING ON STREETS, ROADS AND SIDEWALKS OR ANY OTHER PUBLIC PROPERTY; TO AMEND SECTION 97-35-23 AND 97-35-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION ON CAMPING ON PUBLIC SIDEWALKS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 17-25-37, Mississippi Code of 1972:

17-25-37. (1) Neither the board of supervisors of any county nor the governing authority of any municipality shall adopt, enact or enforce any ordinance authorizing camping on streets, roads, sidewalks or any other public property.

(2) For the purposes of this section, the term "public property" does not mean any government owned or operated state, local or federal campground, recreational campground or other such facility where camping is an authorized activity.

SECTION 2. Section 97-35-23, Mississippi Code of 1972, is amended as follows:

97-35-23. (1) It shall be unlawful for any person or persons to intentionally obstruct, or interfere with the normal or ordinary free use and passage of vehicles of or on, any public street or highway provided for use by vehicular traffic, or for any person or persons to intentionally obstruct, or interfere with the normal or ordinary free use and passage of pedestrians of or on any public sidewalk provided for foot travel by pedestrians, including camping on a public sidewalk, and any person or persons who so do shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than four hundred dollars ($400.00), or by imprisonment in the county jail for not more than four (4) months, or by both such fine and imprisonment.

(2) The provisions of this section are supplementary to the provisions of any other statute of this state.

SECTION 3. Section 97-35-25, Mississippi Code of 1972, is amended as follows:

97-35-25. (1) It shall be unlawful for any person or persons to wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, alley, road, or other passageway by camping on the sidewalk or impeding, hindering, stifling, retarding or restraining traffic or passage thereon, and any person or persons violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

(2) The provisions of this section are supplementary to the provisions of any other statute of this state.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020.