MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Municipalities; Judiciary, Division B
By: Senator(s) McMahan
AN ACT TO PROHIBIT CAMPING, PANHANDLING OR LOITERING ON PUBLIC AND PRIVATE PROPERTY LOCATED WITHIN THE STATE OF MISSISSIPPI; TO PROVIDE DEFINITIONS; TO AUTHORIZE LOCAL MUNICIPAL GOVERNING AUTHORITIES AND COUNTY BOARDS OF SUPERVISORS TO CREATE A PERMITTING PROGRAM FOR SUPPORTING CAMPING ON PUBLIC AND PRIVATE PROPERTY UNDER CERTAIN STANDARDS; TO PRESCRIBE CONDITIONS AND STANDARDS FOR THE ENFORCEMENT OF ILLEGAL CAMPING, PANHANDLING AND LOITERING BY LOCAL AND COUNTY LAW ENFORCEMENT OFFICERS; TO PROVIDE THAT A VIOLATION OF SAID PROHIBITIONS IS A PUBLIC NUISANCE THAT CAN BE ABATED AND PREVENTED; TO PROVIDE THAT A VIOLATION OF SAID PROHIBITIONS 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 ARREST RECORD; TO AUTHORIZE THE REMOVAL OF HOMELESS ENCAMPMENTS ON PRIVATE PROPERTY IN A HUMANE MANNER AFTER 72 HOURS' NOTICE; TO PROVIDE THAT THE LOCAL GOVERNING AUTHORITIES MAY ESTABLISH A DILAPIDATED PROPERTY FUND AND MAKE EXPENDITURES FOR THE LEGAL REMOVAL OF HOMELESS ENCAMPMENTS ON PUBLIC AND PRIVATE PROPERTY; TO AMEND SECTIONS 21-19-11 AND 19-5-105, MISSISSIPPI CODE OF 1972, TO INCLUDE HOMELESS ENCAMPMENTS ON PRIVATE PROPERTY IN THE PUBLIC NUISANCE LAW AND TO PROVIDE THAT THE COST OF ABATING SUCH ENCAMPMENT NUISANCES ON PRIVATE PROPERTY IS A LIEN ON THE PROPERTY WHICH MAY BE WAIVED BY THE MUNICIPALITY OR COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following terms shall have the meaning ascribed herein:
(a) "Law enforcement officer" means a member of the municipal police department wherein the applicable property is located or a member of the local sheriff's department wherein the applicable property is located.
(b) "Homeless encampment" means an outdoor location where one or more homeless people live in an unsheltered area, including tents, shacks, vehicles or other structures which are not provided utility services paid by the person(s) living in the area.
(c) "Camping" means, within any tent, motor vehicle, trailer, camper, or temporary structure, 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) Any person's using any tent, motor vehicle, trailer, camper, or temporary structure, as opposed to a house, hotel or motel, as the person's primary place of sleep for one or more nights or days.
(d) "Camper," as used above, means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.
(e) "Panhandling," for the purpose of this act, is any solicitation made in person requesting an immediate donation of money. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this act. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.
(2) Camping prohibited. (a) Camping on public property is prohibited within the borders of the State of Mississippi except as follows:
(i) In state parks;
(ii) On the premises of businesses, such as mobile home parks, for which there is a use or other city issued permit which clearly authorizes the particular activity; and
(iii) Camping shall be permissible on public property in designated camping areas with proper permitting or registration. Governing authorities within a municipal district or a county are authorized to create a permitting program for supporting camping on public property when in the best interest of the governing authority or in a state of emergency.
(b) Upon application, the local municipal or county governing authority may issue, or conditionally issue, temporary permits for camping upon private property when satisfactory evidence is presented to the governing authority:
(i) State parks, motels, hotels, or established camp grounds are not a feasible alternative for the applicant;
(ii) Arrangements have been made to ensure that waste and trash will not be discharged in connection with the camping activities, except into appropriate sewage or trash disposal facilities; and
(iii) The activity will not subject the neighbors to excessive noise or unpleasant visual effects.
(c) The local municipal or county governing authority may develop an application form and the governing authority, by resolution, may establish fees for such applications. The fees shall not exceed the amount reasonably estimated to cover the costs of processing the application and police any permitted activities.
(3) Panhandling prohibited. (a) Any person who panhandles after sunset or before sunrise is guilty of a misdemeanor.
(b) Any person who panhandles when the person solicited is in any of the following places is guilty of a misdemeanor:
(i) At any bus stop or train stop;
(ii) In any public transportation vehicle or facility;
(iii) In any vehicle on the street; or
(iv) On private property, unless the panhandler has permission from the owner or occupant.
(c) Any person who panhandles in any of the following manners is guilty of a misdemeanor:
(i) By coming within three (3) feet of the person solicited, until that person has indicated that he does wish to make a donation;
(ii) By blocking the path of the person solicited along a sidewalk or street;
(iii) By following a person who walks away from the panhandler;
(iv) By using profane or abusive language, either during the solicitation or following a refusal;
(v) By panhandling in a group of two or more persons; or
(vi) By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.
(d) Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of a misdemeanor. False or misleading representations include, but are not limited to, the following:
(i) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(ii) Stating that the donation is needed to meet a need which does not exist;
(iii) Stating that the solicitor is from out of town and stranded, when that is not true;
(iv) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;
(v) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;
(vi) Use of any makeup or device to simulate any deformity;
(vii) Stating that the solicitor is homeless, when he is not; or
(viii) Stating that the funds are needed for a specific purpose and then spending the funds received for a different purpose.
(e) No person shall panhandle on five (5) or more days in a single calendar year without a permit issued by the local municipal or county governing authority. A person who has been issued a permit shall keep it on his person at all times while panhandling and show it to any peace officer upon request. No person whose permit has been revoked shall panhandle for a period of two (2) years following the revocation. Any person who violates this subdivision is guilty of a misdemeanor. The local municipal or county governing authority shall issue the permit, without fee, to any eligible person who presents himself at the
local municipal or county governing authority, states his true name, presents a photo identification or signs a declaration under penalty of perjury that he has no such identification, and permits himself to be photographed and fingerprinted. A person is ineligible for a permit if and only if within the past five (5) years he (1) has been convicted of two (2) or more violations of this section, (2) has had a permit revoked, or (3) has been convicted of two (2) or more offenses under the law of any jurisdiction which involve aggressive or intimidating behavior while panhandling or false or misleading representations while panhandling.
If the local municipal or county governing authority is unable to determine eligibility within twenty-four (24) hours of the application, the authority shall issue a permit good for thirty (30) days and determine eligibility for a regular permit before the temporary permit expires. The regular permit shall expire three (3) years from the date of issuance. Along with the permit, the authority shall give the applicant a copy of this statute.
(f) Any person who makes any false or misleading representation while applying for a permit under this subsection (3) is guilty of a misdemeanor. Upon conviction of violation of this subsection (3), the local municipal or county governing authority shall revoke any permit issued to the defendant under this subsection (3).
(g) If a permit is issued to a person under this subsection (3) and that person subsequently commits and is convicted of a violation of any provision of this subsection (3), the local municipal or county governing authority shall revoke the permit.
(4) Loitering Prohibited. (a) Loitering or prowling. No person shall loiter or prowl in a place at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to explain his presence and conduct. No person shall be convicted of an offense under this subsection if the law enforcement officer did not comply with the preceding sentence, or if it appears, at trial, that the explanation given by the person was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
(b) Obstruction of Highway by Loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any law enforcement officer.
(c) Obstruction Of Traffic By Loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the State of Mississippi in such manner as to prevent, interfere with or obstruct the ordinary free use of such public sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.
(d) Loitering After Being Requested To Move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any law enforcement officer or by any person in authority at such places.
(e) Loitering In Public Places. No person shall loiter, lounge or loaf in or about any dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by the owner or person in charge or any law enforcement officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(f) Loitering In Or On School Property.
(i) Prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander or stand in or on any public or private school property within the State of Mississippi between 7:00 A.M. and 5:00 P.M. on official school days. Any person who remains on school grounds after being asked to leave by the school principal, the principal's designee or a faculty member shall be presumed to be in violation of this subsection.
(ii) Exceptions. The prohibition against loitering in this subsection shall not apply to students, school faculty and school staff personnel, or to those persons who are authorized to be on school grounds for legitimate reasons.
(iii) Definitions. In this subsection, the terms used shall be defined as follows:
1. School Grounds. Any school building in the State of Mississippi and those areas surrounding any school building, including parking lots, which are either owned by the school district or normally used for school related activities.
2. Legitimate Reasons. Such reasons as attendance at school related activities open to the public; school business; authorized meetings with school administrators, school faculty, students or school staff personnel; and any other valid reasons which justify the presence of someone on school grounds.
(5) 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, including homeless and mental health services or homeless shelters in the area.
(6) (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 Thousand Dollars ($1,000.00) or incarceration in the county jail for a term not exceeding four (4) months or both.
(b) Convictions and citations under this section shall not appear on a person's public record and shall not be submitted to the National Crime Information Center or any public accessible state database. The court of conviction may keep a confidential record for purposes related to enforcement of the sentence. The court of jurisdiction shall ensure that any citation or conviction does not appear on a person's public record.
(7) 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 notice, at least forty-eight (48) hours before commencement of any enforcement action, that the person is prohibited from camping, panhandling and/or loitering on public and private property under this section. A written notice shall only be deemed to have been provided for the purposes of this subsection if the notice:
(a) Is given in a language understood by the person receiving the notice; and
(b) Contains information regarding alternative locations to sleep, homeless and mental health services, homeless shelters in the area, and any relevant information about services offered at Community Mental Health Centers.
(8) 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 a homeless encampment or to set up any barriers or other methods to prevent homeless encampments. Persons living in homeless encampments shall receive seventy-two (72) hours notice of the removal. The removal of homeless persons or homeless encampments on private property shall be done in a humane manner. It is illegal to inflict harm on the trespassers or damage their personal property. A tent or temporary structure shall not be considered the personal property of any trespasser who has received the proper notice under this section. If a homeless encampment is on public property, only local law enforcement officers or officers of the sheriff's department may remove the encampment or set up barriers.
(9) In order to enforce the provisions of this section, the local municipal governing authority or the county board of supervisors may establish a Dilapidated Property Fund and make annual expenditures into the fund for the legal removal of homeless encampments on public and private property. The local municipal governing authority or county board of supervisors establishing such fund shall prescribe rules and regulations for the administration of the fund and expenditures from the fund and shall spread these prescribed amounts and procedures on its minutes.
SECTION 2. Section 21-19-11, Mississippi Code of 1972, is amended 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; removal
of homeless encampments; and draining cesspools and standing water
therefrom. The governing authority may by resolution adjudicate the actual
cost of cleaning the property and/or removal of homeless encampments and
may also impose a penalty not to exceed * * * Ten Thousand Dollars ($10,000.00)
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 or the
existence of a homeless encampment 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, or remove the homeless
encampment 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; removal of the homeless encampment; 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 * * * Ten Thousand Dollars ($10,000.00) and may
also impose a penalty not to exceed * * * One Thousand
Five Hundred Dollars ($1,500.00) or one hundred percent (100%) of the
actual cost of cleaning the property, whichever is more. Provided, however,
that the cost and any penalty imposed for the removal of a homeless encampment
on private property may be waived in the discretion of the municipality.
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
removal of homeless encampments, 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, or for enforcing the provisions of Section 1 of this act relating to the abatement of homeless encampments.
(7) Notwithstanding any provision to the contrary in this section, the decision to remove a homeless encampment on private property shall be discretionary by the governing authorities of the municipality.
( * * *8) (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 ( * * *8),
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 ( * * *8) 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 3. Section 19-5-105, Mississippi Code of 1972, is amended 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 or the existence of a homeless encampment 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, or remove the homeless encampment.
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 * * * one hundred percent (100%)
of the actual cost, whichever is more. Provided, however, that the cost and
any penalty imposed for the removal of a homeless encampment on private
property may be waived in the discretion of the county. 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, and the removal of homeless encampments. 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 4. This act shall take effect and be in force from and after July 1, 2025.