Tupelo City Code of Ordinances 2015

CODE OF ORDINANCES CITY OF TUPELO, MISSISSIPPI
____________
GENERAL ORDINANCES OF THE CITY
____________
Republished in 2007 by Order of the Board of Aldermen
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Adopted: February 19, 1991
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CURRENT OFFICIALS
of the
CITY OF
TUPELO, MISSISSIPPI
____________
Jason Shelton
Mayor
____________
Markel Whittington
Lynn Bryan
James Newell
Nettie Davis
Buddy Palmer
Mike Bryan
Page 1
Willie Jennings
City Council
____________
Ben Logan
City Attorney
____________
Lynn Norris
Chief Financial Officer
____________
Kim Hanna
City Clerk
OFFICIALS
of the
CITY OF
TUPELO, MISSISSIPPI
AT THE TIME OF THIS CODIFICATION
____________
Jack L. Marshall
Mayor
____________
Paul Eason
Alderman at large
____________
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Ward 1 James Williams

Ward 2 Randy Headings
Ward 3 John Collins
Ward 4 Boyce Grayson
Ward 5 Carolyn Mauldin
Ward 6 Ben Logan
Aldermen
____________
Guy Mitchell, III
City Attorney
____________
Lynn Norris
City Clerk
PREFACE
This Code constitutes a complete republication of the general and permanent ordinances of the City
of Tupelo, Mississippi.
Source materials used in the preparation of the Code were the ordinances adopted by the city
council. The source of each section is included in the history note appearing in parentheses at the end
thereof. The absence of such a note indicates that the section is new and was adopted for the first time
with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the
reader can locate any section of any 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.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many
state and local government codes. Each section number consists of two parts separated by a dash. The
figure before the dash refers to the chapter number, and the figure after the dash refers to the position of
the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first
section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same
time new sections can be inserted in their proper place by using the decimal system for amendments. For
example, if new material consisting of one section that would logically come between sections 6-1 and 62 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions
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may be included in the same way or, in the case of articles, may be placed at the end of the chapter
embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the
subject. The next successive number shall be assigned to the new article or division. New chapters may
be included by using one of the reserved chapter numbers. 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. The numbers to the left of the
colon represent 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. The following are typical parts of codes of
ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER
CHT:1
CHARTER COMPARATIVE TABLE
CHTCT:1
CODE
1:1
CODE APPENDIX
A:1
CODE COMPARATIVE TABLES
CCT:1
STATE LAW REFERENCE TABLE
SLT:1
CHARTER INDEX
CHTi:1
CODE INDEX
CDi:1
LAND DEVELOPMENT CODE INDEX
LDCi:1
Indexes
The indexes have 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 indexes themselves 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 affected page or pages will be reprinted. These new pages will
be distributed to holders of copies of the republication, with instructions for the manner of inserting the
new pages and deleting the obsolete pages.
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Keeping this republication up-to-date at all times will depend largely upon the holder of the
republication. As revised pages 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 W. Eric Grant, Vice-President, Elizabeth Buutler
and Janet Cramer, Editors, 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 Daphne Holcombe, Chief Financial Officer, and the other members
of the city staff for their cooperation and assistance during the progress of the work on this publication. It
is hoped that their 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.
Copyright
All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City
of Tupelo, Mississippi. Editorial enhancements include, but are not limited to: organization; table of
contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law
references; numbering system; code comparative table; state law reference table; and index. Such
material may not be used or reproduced for commercial purposes without the express written consent of
Municipal Code Corporation and the City of Tupelo, Mississippi.
Copyrighted
Municipal Code Corporation and the City of Tupelo, Mississippi. 2007.
material.
ADOPTING ORDINANCE
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF TUPELO,
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; AND PROVIDING WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF TUPELO,
MISSISSIPPI, AS FOLLOWS:
Section 1. The Code entitled "Code of Ordinances of the City of Tupelo, Mississippi," published by
Municipal Code Corporation consisting of Chapters 1 through 27, and appendices each inclusive, is
adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before June 19, 1990,
and not included in the Code or recognized and continued in force by reference therein are repealed.
Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance
or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any
provisions of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall
be punished by a fine not to exceeding one thousand dollars ($1,000.00) or by imprisonment not to
exceeding ninety (90) days, or both. 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.
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Section 5. Additions and amendments to the Code, when passed in the form as to indicate the
intention of the mayor and board of aldermen to make the same a part of the Code, shall be deemed to
be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after June 19, 1990, that amend or refer to ordinances that have
been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This ordinance shall be published as required by law and for reasons satisfactory to the
Mayor and Board of Aldermen shall go into effect and force upon publication.
WHEREUPON, said Ordinance was put a vote upon its final passage as a whole and the same was
passed as read, with the following vote, to wit:
ALDERMEN VOTING YEA:
Alderman Headings
Alderman Collins
Alderman Mauldin
Alderman Williams
Alderman Eason
Alderman Grayson
ALDERMAN VOTING NAY:
None
ALDERMAN ABSENT OR ABSTAINING:
Alderman Logan
THEREUPON, the Mayor declared said Ordinance approved, passed and adopted.
THIS, the 19th day of February, 1991.
/s/ Jack L. Marshall

Mayor
ATTEST:
/s/ Lynn Norris

City Clerk
(SEAL)
SUPPLEMENT HISTORY TABLE

The table below allows users of this Code to quickly and accurately determine what ordinances have
been considered for codification in each supplement. Ordinances that are of a general and permanent
nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general
and permanent nature are not codified in the Code Book and are considered "Omits."
In addition, by adding to this table with each supplement, users of this City of Tupleo, Mississippi
Code of Ordinances will be able to gain a more complete picture of the code's historical evolution.
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Date
Adopted
Include/
Omit
Supp. No.
2- 2-2010(1)
Omit
2- 2-2010(2)
Include
5- 4-2010(1)
Omit
5- 4-2010(2)
Include
5- 4-2010(3)
Include
5-18-2010
Include
6- 1-2010
Omit
7-20-2010
Include
8- 3-2010
Omit
9-21-2010
Omit
11- 2-2010
Include
3- 8-2011
Omit
3-22-2011(1)
Omit
3-22-2011(2)
Omit
3-22-2011(3)
Omit
7- 5-2011
Omit
9-20-2011
Omit
10-18-2011
Include
11- 1-2011(1)
Include
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11- 1-2011(2)
Include
1-17-2012(1)
Include
1-17-2012(2)
Include
2- 7-2012(1)
Include
2- 7-2012(2)
Omit
2- 7-2012(3)
Omit
3- 6-2012
Omit
5-15-2012
Include
1-22-2013
Include
2- 5-2013
Omit
3- 5-2013(1)
Include
3- 5-2013(2)
Include
3-19-2013
Include
9-17-2013
Omit
10- 1-2013
Include
10- 8-2013(1)
Include
10- 8-2013(2)
Include
5- 6-2014
Include
6-10-2014
Omit
6-17-2014(1)
Omit
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6-17-2014(2)
Include
7- 3-2014
Omit
7-15-2014
Omit
8-19-2014(1)
Omit
8-19-2014(2)
Include
9- 2-2014
Omit
10-21-2014
Include
12-16-2014
Omit
CODE OF ORDINANCES
Chapter 1 - GENERAL PROVISIONS
Sec. 1-1. - Code designated and cited.

The ordinances embraced in the following chapters shall constitute and be designated as the "Code
of Ordinances, City of Tupelo, Mississippi," and may be so cited.
State Law reference Authority of cities to codify ordinances and adopt said codification,
Miss. Code. 1972, 21-13-15.
Sec. 1-2. - Definitions and rules of construction generally.
In the construction of this Code, and all ordinances, the following rules shall be observed, unless
such construction would be inconsistent with the manifest intent of the mayor and board of aldermen:
City. The words "the city" or "this city" shall be construed as if the words "of Tupelo, Mississippi"
followed it.
Computation of time. When process shall be required to be served or notice given any number of
days, the day of serving the process or of giving the notice shall be excluded and the day of appearance
included; and in all other cases when any number of days shall be prescribed one (1) day shall be
excluded and the other included. When the last day falls on Sunday, it shall be excluded; but in other
cases Sunday shall be reckoned in the computation of time.
State Law reference Similar provisions, Miss. Code 1972, 1-3-67.

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County. The words "the county" or "this county" shall mean the County of Lee.
Delegation of authority. Whenever a provision requires or authorizes an officer or employee of the
city to do some act or perform some duty, it shall be construed to authorize the officer or employee to
designate, delegate and authorize subordinates to perform the act or duty unless the terms of the
provision designate otherwise.
Gender. Words importing the masculine gender shall include the feminine and neuter.
Month. The word "month" shall mean a calendar month, unless otherwise expressed.
Number. Words used in the singular include the plural and the plural includes the singular number.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of
such building or land.
Person. The term "person," when used in any ordinance, shall apply to artificial as well as natural
persons; and when used to designate the party whose property may be the subject of offense, shall
include the United States, this state, or any other state, territory, or country, and any county, city, town or
village which may lawfully own property in this state, also all public and private corporations, as well as
individuals.

Personal property. The term "personal property," when used in any ordinance shall include goods,
chattels, effects, evidences of rights of action, and all written instruments by which any pecuniary
obligation, or any right, title, or interest in any real or personal estate, shall be created, acknowledged,
transferred, incurred, defeated, discharged, or diminished.

Preceding, following. The words "preceding" and "following" shall mean next before and the next
after, respectively.
Property. The term "property" when used in any ordinance includes personal property as defined in
this section and also every estate, interest, and right, in lands, tenements, and hereditaments.

Real property. The words "real property" shall include lands, tenements and hereditaments.
Shall; may. "Shall" is mandatory; "may" is permissive.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the
adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature or subscription includes a mark when the person cannot write.
State. The words "the state" or "this state" shall mean the State of Mississippi.
Street. The word "street" shall mean and include any public way, road, highway, street, avenue,
boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.
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Tenant. The words "tenant" or "occupant" applied to a building or land, shall include any person who
occupies the whole or a part of such building or land, whether alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Writing. The words "writing" and "written" shall include printing and any other mode of representing
words and letters.
Year.The word "year" shall mean a calendar year, unless a contrary intention be expressed.
State Law reference Construction of statutes, Miss. Code 1972, 1-3-1 et seq.
Sec. 1-3. - Severability.
If any part or parts, section or subsection, sentence, clause or phrase of this Code is for any reason
declared to be unconstitutional, invalid or unenforceable such decision shall not affect the validity of the
remaining portions of this Code.
State Law reference Severability of statutes, Miss. Code 1972, 1-3-77.

Sec. 1-4. - Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere
catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such
sections, nor as any part of such sections, nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are amended or reenacted.
Sec. 1-5. - Effect of repeal of ordinances.

(a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance
repealed took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense
committed or matter covered under the ordinance repealed.
State Law reference No revival of repealed laws, Miss. Code 1972, 1-1-25.
Sec. 1-6. - Amendments to Code; effect of new ordinances; amendatory language.
(a) All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way
affect this Code of Ordinances, may be numbered in accordance with the numbering system of this
Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or
any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code
by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and
printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent
ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or
omitted are readopted as a new Code of Ordinances by the mayor and board of aldermen.
(b) Amendments to any of the provisions of this Code may be made by amending such provisions by
specific reference to the section number of this Code in the following language: "That section
____________ of the Code of Ordinances of the City of Tupelo, Mississippi, is hereby amended to
read as follows: ." The new provisions shall then be set out in full as desired.
(c) If a new section not theretofore existing in the Code, is to be added, the following language shall be
used: "That the Code of Ordinances of the City of Tupelo, Mississippi, is hereby amended by adding
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a section, article or chapter to be numbered ____________, which section reads as follows: ." The
new section shall then be set out in full as desired.
(d) All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by
section, article or chapter number, as the case may be.
Sec. 1-7. - Altering Code.

It shall be unlawful for any person to change or amend by additions or deletions, any part or portion
of this Code or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any
manner whatsoever which will cause the law of the city to be misrepresented thereby. Any person
violating this section shall be punished as provided in section 1-8 of this Code.
State Law reference Style of ordinances, Miss. Code 1972, 21-13-7.

Sec. 1-8. - General penalty.
Wherever in this Code or in any ordinance of the city any act is prohibited or is made or declared to
be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be
unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such
provision of this Code or ordinance of the city shall be punished by a fine not exceeding one thousand
dollars ($1,000.00), or by imprisonment in the city jail not exceeding ninety (90) days or both. Every day
any violation of this Code or any such ordinance shall continue shall constitute a separate offense.
Cross reference Alcoholic beverages, Ch. 5; animals and fowl, Ch. 6; emergency
management, Ch. 9; motor vehicles and traffic, Ch. 17; municipal court, Ch. 18; police, Ch. 22
State Law reference Penalty limitation, Miss. Code 1972, 21-13-1.
Sec. 1-9. - Certain ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
(1) Promising or guaranteeing the payment of money for the city, or authorizing the issuance of any
bonds of the city or any evidence of the city's indebtedness, or any contract or obligations
assumed by the city;
(2) Containing any administrative provisions, including ordinances dealing with departmental
organization, of the board of aldermen not in conflict or inconsistent with the provisions of this
Code;
(3) Granting any right or franchise and establishing any rates therefor;
(4) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc.,
any street or public way in the city;
(5) Making any appropriation;
(6) Levying or imposing taxes not inconsistent with this Code;
(7) Establishing or prescribing grades in the city;
(8) Providing for local improvements and assessing taxes therefor;
(9) Dedicating or accepting any plat or subdivision in the city;
(10) Adopting, extending or contracting the boundaries of the city;
(11) Prescribing the number, classification or compensation of any city officers or employees, not
inconsistent with this Code;
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(12) Prescribing specific parking restrictions, no-parking zones, specific speed zones, parking meter
zones and specific stop or yield intersections, not inconsistent with this Code;
(13) Providing for fees or charges, not inconsistent with this Code;
(14) Reserved;
(15) Reserved;
(16) Reserved;
(17) Establishing ward boundaries, voting precincts and polling places;
(18) Pertaining to zoning;
(19) Any ordinance adopted after June 19, 1990;
(20) Any other ordinance, or part thereof, which is not of a general and permanent nature; and
all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if
set out at length in this Code. Such ordinances are on file in the city clerk's office.
Chapter 2 - ADMINISTRATION
FOOTNOTE(S):
--- (1) --Cross reference Administration of airport zoning regulations, 4-22; designation of technical codes
enforcement official, 7-1; board of adjustments and appeals for technical codes, 7-3; emergency
management, Ch. 9; bureau of fire prevention, 10-6 et seq.; administration and enforcement of flood
damage prevention and control regulations, 11-21 et seq.; human relations, Ch. 14; municipal court, Ch.
18; parks and recreation, Ch. 20; planning, Ch. 21; police, Ch. 22; taxation, Ch. 25
ARTICLE I. - IN GENERAL
Secs. 2-12-15. - Reserved.

ARTICLE II. - MAYOR AND BOARD OF ALDERMEN
Sec. 2-16. - Meeting times and places.

The regular meetings of the city council will be at 6:00 p.m. on the first and third Tuesdays of each
month at the Council Room at the Tupelo City Hall located at 71 East Troy Street, Tupelo, Mississippi.
(Ord. of 8-6-85, I; Ord. of 2-16-88, I; Ord. of 7-5-89, I; Ord. of 7-6-93, 1; Ord. of 7-8-97,
1; Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)
State Law reference Regular meetings of board, MCA 1972, 21-3-19; open meetings, MCA
1972, 25-41-1.
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Sec. 2-21. - Placement of matters to be considered on agenda.

No matter of business may be considered by the council for council action at any council meeting
unless said business matter has been placed on the official agenda as prescribed herein, or unless the
council duly suspends the rules as set out in section 2-27 herein.
(Ord. of 7-6-93, 1; Ord. of 7-8-97, 1; Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-709, 1)
Sec. 2-22. - Arrangement.
The agenda as presented by the president of the council shall be arranged as follows:
(1) Confirmation or amendment of agenda and the agenda order.The confirmation or amendment
of the agenda and the agenda order is the first matter on the agenda and shall be the only
scheduled period during which the agenda order will be adjusted. Any member of the council
may move to adjust the agenda order. A motion to change the agenda order must receive a
majority vote of the council members present and voting. The mayor or council president may
request the council to add an item to the agenda that is necessary for the administration of city
government after the submission deadline set out in section 2-23, provided that either (1) the
need for action on the matter arises after the submission deadline, or (2) that conditions beyond
their control made it impossible to meet the deadline requirements. Late additions to the agenda
should not be routine nor frustrate or circumvent the requirement for staff review and comment
and adequate information.
(2) Proclamations, recognitions and reports agenda. The proclamations, recognitions and reports
agenda shall be considered second and shall include all proclamations, resolutions and reports
to be presented to or by the council or the mayor. Any report of the mayor, or his designee, shall
normally occur during this portion of the agenda. Whenever possible, all such agenda items
shall be scheduled for the council's first meeting of the month.
(3) Public agenda. The public agenda shall be considered third and shall consist of public hearings,
citizen hearings, and appeals.
a.
Public hearings. Public hearings required by law (such as for zoning matters, annexation,
and demolition of dilapidated buildings) shall be considered first on the public agenda. The
length of the public hearing may be prescribed on the agenda. The city department or
official responsible for the subject matter shall present the administration's information,
position or report, including any proof of publication of notice of the hearing, if required by
law or previously required by the council. Any citizen may provide his or her comments
during a public hearing provided he or she stands, is recognized by the presiding officer of
the council, and identifies himself or herself by name and place of residence. All citizen
comments shall be directed exclusively to the presiding officer of the council. Comments
from each person shall be limited to five (5) minutes, unless otherwise voted upon by the
council, and questions and answers from the council shall not count against the citizen's
time. Comments also may be submitted in writing prior to or during the public hearing. If
specific law permits, council action may be taken by a vote immediately upon the
completion of such hearing if the notice required by ordinance or statute has been
provided.
b.
Appeals. If any law, code, or ordinance provides for an appeal or review by the city council,
such appeals shall be considered next and shall be conducted according to law. Unless
otherwise provided by law (or policy as applicable), requests for such appeals must be
made in writing and filed with the city clerk, the clerk of the council or the council president
within forty-five (45) days after the action or order being appealed. The clerk of the council
will promptly schedule the hearing for the next regular meeting for which notice to the
appellant can be served at least three (3) business days prior to the hearing, and the clerk
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shall ensure that notice is served. Hearings shall be limited to ten (10) minutes unless
additional time is granted by the city council, but the appellant may submit written
testimony, evidence and exhibits for consideration. If any person affected by final order,
ruling or action of a municipal officer (specifically excluding grievance appeals) is
aggrieved by such final order, ruling or action, such person may appeal to the city council
in writing, and the city council, in its discretion, may grant a hearing on such appeal in the
manner provided in this section or may consider the written appeal only. Personnel
grievances and appeals shall be handled by the executive branch and shall not be heard
by the council.
c.
Citizen hearing. Any citizen of the city, business owner or property owner within the city,
may request that a matter be placed on the agenda for the purpose of bringing a matter
before the city council for subsequent council action provided that he or she submits a
written and signed request to the council president or the mayor describing the nature of
his or her request. Such request must be received before 5:00 p.m. on Tuesday prior to the
next scheduled council meeting. There may be only one request submitted by the same
citizen, business owner or property owner in any twelve (12) month period regarding the
same issue. Presentation of a citizen's request shall be limited to five (5) minutes each,
unless otherwise voted upon by the Council, and questions and answers from the council
shall not count against the citizen's or owner's time. Any action desired as a result of such
citizen hearing must be subsequently introduced by a council member or the mayor as
otherwise provided herein. If requests for citizen hearing are too numerous to be handled
efficiently, the council may: defer a portion or all of the requests (1) to the end of the
meeting, (2) until a future meeting, or (3) may require written submission in lieu of a
hearing, by majority vote.
(4) The action agenda. The action agenda shall be considered fourth and shall consist of all
ordinances, resolutions and other matters of business constituting formal action by the council.
Items on the action agenda shall have appeared previously on the study agenda and shall have
been advanced to the action agenda as provided in section 2-22(f) hereof, unless the rules are
suspended under section 2-27 hereof. The initial order of items within this part of the agenda
shall be set by the president of the council.
(5) The routine agenda. The routine agenda shall be considered fifth and shall consist of all routine,
administrative, or recurring matters for which policy already exists, for which staff review and
study has already occurred or which study and review are otherwise unnecessary. The routine
agenda shall include, without limitation, the claims docket, council minutes, reports and minutes
of boards and committees, and routine contracts, and all other matters determined by the
council president or the mayor to be non-policy related matters. New or non-recurring contracts
which are coming before the council pursuant to an advertised request for bids or request for
proposals and which contracts have received full staff and legal review prior to the agenda
deadline set forth in section 2-23, may be placed upon the routine agenda; such contracts shall
be marked on the routine agenda as new or non-recurring and shall be accompanied by a
memorandum summarizing the results of the staff and legal review. All matters to be considered
on the routine agenda shall be listed separately on the routine agenda by title and voted upon
individually. Any council member may move to have all items on the routine agenda considered
and voted upon in one action, and passage of the motion for such action shall require a majority
of the vote of the council present and voting; in that event, any council member may register a
dissenting or abstaining vote on one (1) or more of the items on the approved routine agenda by
announcing to the clerk of the council at the time the vote is taken on the routine agenda that he
or she wishes his or her vote to be so recorded on a specific item or items on the routine
agenda notwithstanding the collective vote.
(6) The study agenda. The study agenda shall consist of all matters for initial consideration by the
council prior to or during staff and legal review, study, and preparation of drafts of legislation or
other council action. Requests for placement on the study agenda should be submitted to the
president of the council as provided in section 2-25 of this article. During the study agenda, any
Page 15
item may be advanced to the action agenda for the next regular, special, or recessed meeting
by the president or any two (2) council members.
(Ord. of 7-6-93, 1; Ord. of 7-8-97, 1; Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-709, 1; Ord. of 11-2-10, 1)
Sec. 2-23. - Responsibility and authority of council president and mayor; finalizing of agenda.
The council president shall be responsible for determining the initial order of each part of the agenda
for each meeting. All matters to be placed on the agenda by any member of the city council shall be
authorized by the president of the council as provided herein. The council president shall be required to
place all matters presented by a council member as prescribed herein on the agenda at the earliest
possible opportunity for council action. All matters to be placed on the agenda by any member of the
executive branch of government shall be authorized by the mayor as prescribed herein. All items placed
on the agenda shall appear by title and initiating author. The council president and mayor shall finalize the
agenda for submission to the clerk of the council no later than 5:00 p.m. on the Thursday immediately
prior to the next regular council meeting, at the earliest possible time prior to a recessed meeting, and
prior to the issuance of the call for a special meeting.
State Law reference Operation of council, MCA 1972, 21-8-11; powers of mayor, MCA
1972, 21-8-15.
Sec. 2-24. - Responsibility of clerk of the council.
The clerk of the council shall be responsible for posting the agenda at a public place at city hall,
preparing and assembling the agenda package and providing the agenda package to the council, the
mayor and other appropriate persons as soon as practical after receipt of the agenda.
Sec. 2-25. - Request for legislative action.
Any member of the city council desiring to place any matter on the study agenda shall provide a draft
of his or her request for legislation, report or other action to the council president no later than 5:00 p.m.
on Thursday prior to the next regular council meeting or at a time designated by the president prior to any
special or recessed meeting. The council shall take no official action on any matter requested to be
placed on the study agenda by an individual council member until such time as a staff and legal review
has been completed by the executive branch or until after such matter has appeared on the study agenda
and has been advanced in accordance with section 2-22(d) or section 2-27 hereof. Staff and legal review
shall be completed as quickly as practical. Nothing in this section is intended to prevent any member of
the council from informally seeking the assistance of the executive branch, through the mayor, in the
preparation of draft legislation for the council member. All items initiated by a council member shall
appear on the agenda by title and initiating author.
Page 16
Sec. 2-26. - Agenda item report or summary.

An agenda item report or summary shall be prepared by the mayor and/or council president for any
item appearing on the agenda under the action agenda and routine agenda, and normally should be
prepared for the study agenda.
(Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

Editor's note Ord. of 8-7-01, 1, amended 2-26 in its entirety. Formerly, said section
pertained to item fact sheet.
Sec. 2-27. - Suspension of the rules.
Upon motion duly adopted by the city council by a two-thirds (2/3) majority of members present and
voting, matters not appearing on the agenda in the manner provided herein may be considered by the
council at any regular or recessed meeting and procedural rules set forth herein may be temporarily
suspended.

pertained to emergency matters.
Sec. 2-28. - Special meetings.
Special meetings may be called at any time by the mayor or by a majority of the members of the
council provided such meetings are called in the manner specified by state law and provided all related
terms of this article are followed.
State Law reference Special meetings, MCA 1972, 21-8-11.
Sec. 2-29. - Staff meeting.
An agenda staff meeting shall be convened by the mayor or his delegate each Wednesday, or as
soon thereafter as practical, for the purpose of reviewing actions taken by the council on agenda items in
the preceding meeting of the council, for initiating legal and staff reviews and for disseminating staff
assignments relative to council action; provided, however, that the failure or inability to conduct such
meeting shall not affect the validity of the agenda or any action taken pursuant thereto.
Sec. 2-30. - Citizen input.
Should citizens appear at the council meeting and desire to address the council on any issue which
is before the council, such citizens may be given authorization to speak upon motion by any member of
the council to suspend the rules and upon passage of such motion by a majority of the members present
Page 17
and voting. Such citizen input shall be limited to five (5) minutes per citizen so authorized to speak, unless
otherwise designated by the council, and questions and answers from the council shall not count against
the citizen's time.

pertained to conflicting ordinances.
Sec. 2-31. - Publication.
The clerk of the council is responsible for, authorized and directed to publish promptly all ordinances
and notices required hereunder or by law, to post notices of council meetings and hearings required by
law, and to serve notices of meetings and hearings as directed hereunder and by further action of the
council.
(Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

State Law reference Publication of ordinances required, MCA 1972, 21-13-11.
Sec. 2-32. - Conflicting ordinances.
Where in conflict, this article shall supersede any rules of order adopted by the council for the
conduct of its meetings. The previous agenda ordinance is hereby repealed.
(Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

ARTICLE III. - MUNICIPAL DEPARTMENTS
Sec. 2-36. - Chief operations officer.

The mayor shall appoint, with the advice and consent of the city council, a chief administrative officer
to coordinate the operation of the departments and functions of the municipal government assigned in
section 2-37. The title of this chief administrative officer shall be chief operations officer. The qualifications
and experience for the position of chief operations officer shall be a person who has received a college or
university degree from an accredited institution and who possesses at least four (4) years of experience
in the operations or management of an organization, business or governmental entity. The chief
operations officer shall coordinate the activities of the assigned departments and functions and shall be
answerable to the mayor for the performance of these duties and shall serve at the pleasure of the mayor.
The chief operations officer shall be subject to all provisions of Section 21-8-25 of the Mississippi Code of
1972. The Director of the Tupelo Regional Airport shall report to the chief operations officer for the
purposes of operations and financial status and the management of the Tupelo Regional Airport staff.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 2)

Sec. 2-37. - Establishment of departments.
Page 18
The following departments are hereby established under the mayor:

(1) Department of parks and recreation.
(2) Department of development services.
(3) Department of public works.
(4) Department of work release program.
(5) Fire department.
(6) Police department.
(7) Water and light department.
Each department under the mayor shall be administered by a director, who shall be appointed by the
mayor and confirmed by an affirmative vote of a majority of the city council present and voting at any
properly called meeting; provided, however, that the directors of the city fire department and the city
police department shall be referred to as chief. Each director and chief shall serve pursuant and subject
to MCA 1972 21-8-23, as amended.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 3; Ord. of 2-3-09(1), 2)

Sec. 2-38. - Department of parks and recreation.
The Tupelo Department of Parks and Recreation shall have responsibility for the administration,
supervision, management and operation of parks, recreational programming, community centers,
maintenance of parks, grounds and facilities, special events and festivals, sports and physical education
programs and such other similar duties as may be assigned to such department by the mayor.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 4)

Sec. 2-39. - Department of development services.
The Tupelo Department of Development Services shall have responsibility for the administration,
supervision, management and operation of all planning and development functions, including long range
planning, land use, development of comprehensive plans, zoning and zoning maps, development code
administration and code enforcement, grants, federal and state programs, building regulations,
construction codes, contractor licensing, housing code administration and such other similar duties as
may be assigned by the mayor.
(Ord. of 2-3-09(1), 3)
Editor's note An ordinance adopted Feb. 3, 2009, repealed 2-39, in its entirety. Section 3 of
said ordinance enacted new provisions to read as herein. Prior to amendment, 2-39 pertained to
department of planning and community development and derived from ordinances adopted Feb.
17, 1998, 1 and Dec. 21, 2004, 5.
Sec. 2-40. - Department of public works.
The Tupelo Department of Public Works shall have responsibility for the administration, supervision,
management and operation of streets, drainage, engineering, traffic control methods and devices (nonpolice related), vehicle and equipment maintenance, public building maintenance, beautification,
municipal property maintenance, garbage and trash collection and the administration of solid waste
Page 19
contracts, municipal construction projects, major thoroughfare program, road and bridge construction and
maintenance and such other similar duties as the mayor may assign.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 6)

Sec. 2-41. - Department of work release programs.
The Tupelo Department of Work Release Programs shall be responsible for the administration,
supervision, management and operation of public, municipal and community projects by municipal
prisoners and persons convicted of violating municipal ordinances in lieu of paying fines therefor, in lieu of
serving time in jail, or both, or in addition to paying a fine and serving time in jail. Such work shall be
coordinated and administered by the director and shall be subject to MCA 1972, 47-1-14 and 47-1-47,
as amended. The department shall coordinate and manage persons assigned by courts of competent
jurisdiction to sentences of community service and shall perform such other similar duties as may be
assigned by the mayor.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 7)

Sec. 2-42. - Fire department.
The Tupelo Fire Department shall have the responsibility for the administration, supervision,
management and operation of firefighting, rescue, emergency management, fire marshal functions, fire
inspections and safety, and firefighter training and such other similar duties as the mayor may assign.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 8)

Sec. 2-43. - Police department.
The Tupelo Police Department shall have the responsibility for the administration, supervision,
management and operation of law enforcement, traffic safety, patrol, detective and investigative services,
internal affairs, prisoner and detainee affairs (including coordination with the Lee County Adult Jail),
community policing, training and police training academy, vice/narcotics unit and other special units, and
animal control and such other similar duties as the mayor may assign.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 9)

Sec. 2-44. - Water and light department.
The Tupelo Water and Light Department shall have responsibility for the administration, supervision,
management and operation of municipal owned or operated utilities, including the water department, the
function of which shall include water, water meter service and reading, sewer, water and sewer line and
lift station maintenance, well maintenance, and vehicle maintenance; the construction division, including
transmission and distribution power lines, substations, rental and street lighting and traffic signal systems;
the operation and maintenance division, including the operation of station equipment, overhead and
underground lines, street lighting and traffic signal system, electric meters, meter reading, maintenance or
substation equipment, overhead and underground lines, transformers, street lighting and traffic signal
systems, and meters; and the administrative division, including clerical, secretarial, accounting, data
processing, customer service, purchasing, personnel and records, and such other similar duties as may
be assigned by the mayor. The Director of the Tupelo Water and Light Department shall be responsible
for all aspects of the administration of the wastewater treatment contract.
(Ord. of 2-17-98, 1; Ord. of 12-21-04, 10)
Page 20
Sec. 2-45. - Chief financial officer.

The mayor shall appoint, with the advice and consent of the city council, a chief financial officer, who
additionally shall serve as the municipal clerk as provided in MCA 1972 21-15-17 through 21-15-21, as
amended, to administer and manage the finances of the city and to coordinate and direct the operation of
the departments and functions of the municipal government assigned in section 2-46. The qualifications
and experience for the position of chief financial officer shall be a person who has received a college or
university degree from an accredited institution and who possesses at least four years of experience in
accounting, financial management, auditing or management of an organization, business or governmental
entity. The chief financial officer shall be responsible for the assigned departments and functions and
answerable to the mayor for the performance of these duties and shall serve at the pleasure of the mayor.
The chief financial officer, in addition to serving all of the function of municipal clerk, shall serve as
treasurer, auditor, registrar and primary records custodian for the municipal government and shall be
responsible for the duties vested in the municipal clerk under the laws of the State of Mississippi,
including, but not limited to, the duties described in MCA 1972 21-15-19, 21-15-21, 21-23-11, 21-2312, 21-33-27, 21-33-41, 21-33-47, 21-33-67, 21-35-11, 21-35-13, 21-39-05, 21-39-07, 21-29-13, 21-3919, 21-41-13, 21-41-21 and those responsibilities of clerk and registrar assigned under the Mississippi
Elections Code. The municipal court clerk will report to the chief financial officer for the purposes of
operations, collection of fines, and management of the court clerks and staff.
(Ord. of 2-17-98, 1; Ord. of 6-17-14(2))

Sec. 2-46. - Establishment of departments.
The following departments are hereby established under the chief financial officer:
(1) Department of finance.
(2) Department of personnel.
Each department under the chief financial officer shall be administered by a director, who shall be
appointed by the mayor and confirmed by an affirmative vote of a majority of the city council present and
voting at any properly called meeting; provided, however, that the chief financial officer shall serve as the
director of the city's department of finance in the event that the mayor does not appoint or the city council
does not confirm a director. The Director of the Tupelo Coliseum shall report to the chief financial officer
for the purposes of operations and financial matters regarding the Tupelo Coliseum and the management
of the Tupelo Coliseum staff. The Director of the Tupelo Convention and Visitor's Bureau shall report to
the chief financial officer for the purposes of the operations and financial status of the convention and
visitors bureau and the management of the convention and visitors bureau staff.
(Ord. of 2-17-98, 1)
Sec. 2-47. - Department of finance.
The department of finance shall have the responsibility for the administration, supervision,
management and operations of all municipal functions relating to finance and official record keeping,
including budget and accounting, water, light and other utility collections, data processing, purchasing and
public contracts, insurance, risk management and claims adjustment, audit, tax collections, privilege
licenses, record keeping, voter registration, functions of the municipal clerk and such other duties as the
mayor or chief financial officer may assign.
(Ord. of 2-17-98, 1)
State Law reference Fiscal or financial department, MCA 1972, 21-17-15.
Page 21
Sec. 2-48. - Department of personnel.

The department of personnel shall have the responsibility for the administration, supervision,
management and operation of all municipal matters having to do with human resources, personnel,
payroll, employee insurance, policies and procedures, benefits, retirement, workers' compensation,
employee records and the employee personnel handbook and such other duties as the mayor or chief
financial officer may assign.
(Ord. of 2-17-98, 1)
Sec. 2-49. - Mayor.
The mayor shall have full authority to direct and supervise all municipal departments listed above
and shall require each municipal department to make annual reports and such other reports as he may
deem advisable.
(Ord. of 2-17-98, 1)
State Law reference Powers of mayor, MCA 1972, 21-8-15; functions of mayor, MCA
1972, 21-5-17.
Sec. 2-50. - Clerk of the city council.
There shall be a clerk of the city council as provided for by MCA 1972 21-8-13(1), who shall serve
as clerk of the council, keep the minutes and records of its proceedings, and maintain and compile its
ordinances and resolutions.
(Ord. of 2-17-98, 1)
Sec. 2-51. - Existing boards, commissions and committees.
All existing boards, commissions and committees shall continue to operate as presently constituted,
with the appropriate municipal department furnishing support and personnel for the proper functioning
thereof.
(Ord. of 2-17-98, 1)
Sec. 2-52. - Conflicting provisions.
Any existing ordinances, or part thereof, of the Code of Ordinances of the City of Tupelo, Mississippi,
in conflict with the mayor-council form of government or in conflict with this article are hereby repealed.
(Ord. of 2-17-98, 1)
Sec. 2-56. - Disability and relief fund for firemen and policemen; created.
There is hereby created and established a fund known as a disability and relief fund for firemen and
policemen. Such a fund is created and established in accordance with MCA 1972, 21-29-101 through
Page 22
21-29-151. All provisions of MCA 1972, 21-29-101 through 21-29-151 are hereby adopted and are to
be considered as much a part of this Code as if every word, clause and section were set out herein.
(Ord. of 8-17-93, 1)
Sec. 2-57. - Authority to issue citations.
The director of the department of planning and community development, the code enforcement
officers and the city building inspectors are hereby granted authority to issue citations returnable to the
municipal court or to other proper authority for violations of any of the ordinances which are to be
enforced by such officials, and such citation shall have the same full force and effect as if issued by the
police department of the city.
(Ord. of 8-17-93, 1)
ARTICLE IV. - CONVENTION AND VISITORS BUREAU
FOOTNOTE(S):
--- (2) --Cross reference Convention and tourism promotion tax, 25-2
Sec. 2-71. - Definitions.

As used in this article, the following words shall have the meanings ascribed to them in this section
unless otherwise clearly indicated by the context in which they are used:
Bureaumeans the Tupelo Convention and Visitors Bureau.
Hotel or motel means and include any establishment engaged in the business of furnishing or
providing rooms intended or designed for dwelling, lodging or sleeping purposes to transient guests,
where such establishment consists of ten (10) or more guestrooms and does not encompass any
hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in
connection with a hospital or medical clinic providing rooms exclusively for patients and their families.
(Ord. of 6-27-85, 1)
Cross reference Definitions and rules of construction generally, 1-2
Sec. 2-72. - Established; purpose; domicile; rules and regulations.
(a) There is hereby created and established in the City of Tupelo Convention and Visitors Bureau,
whose purpose is the promotion of conventions and tourism in the city.
(b) The bureau shall be domiciled in the city. It shall have the authority to promulgate and enact all rules
and regulations necessary or advantageous to the purpose of the bureau.
(Ord. of 6-27-85, 2)
Page 23
Sec. 2-73. - Composition; compensation; terms.

(a) The bureau shall be composed of seven (7) members who shall be known as directors. The directors
shall serve without compensation and shall serve as follows:
(1) Two (2) members shall be appointed by the mayor and confirmed by the city council for terms of
one (1) and two (2) years, respectively. These directors and their successors shall be appointed
from a list of four (4) names submitted by the Tupelo Motel/Hotel Association.
(2) One (1) director shall be appointed at large by the mayor and confirmed by the city council for a
term of two (2) years.
(3) One (1) director shall be appointed by the board of directors of the community development
foundation for a term of two (2) years.
(4) One (1) director shall be the current director of the Tupelo Convention and Visitors Bureau, who
shall serve a term equal to his or her tenure as director of the bureau. He or she shall also serve
in the capacity as chairman of the directors of the bureau and his or her term as chairman shall
equal his or her tenure as the director of the bureau.
(5) Two (2) members shall be appointed by the mayor and confirmed by the city council for terms of
one (1) and (2) years, respectively. These directors and their successors shall be appointed
from a list of four (4) names submitted by the Tupelo Restaurant Owners.
(b) All succeeding appointments shall be made for a terms of two (2) years from the date of expiration of
the initial appointment. Any vacancy which may occur shall be filled in the same manner as the
original appointment and shall be made for the unexpired term. Each director shall serve until his or
her successor is appointed.
(Ord. of 6-27-85, 3(1); Ord. of 10-18-11, 1)

Sec. 2-74. - Removal of directors; filling of vacancies.
(a) Any director of the bureau created by this article may be disqualified and removal from office for
either of the following reasons:
(1) Conviction of a felony; or
(2) Failure to attend three (3) consecutive meetings without just cause.
(b) If a director of the bureau created by this article is removed for any of the above reasons, the
vacancy shall be filled in the manner prescribed in this article and shall be made for the unexpired
term.
(Ord. of 6-27-85, 3(2))

Sec. 2-75. - Directors' oath, bond.
Before assuming the duties of office, each appointed director of the bureau created by this article
shall take the oath prescribed by law and shall enter into and give bond, to be approved by the secretary
of state in the sum of twenty-five thousand dollars ($25,000.00), conditioned upon the faithful
performance of his duties. Such bond shall be payable to the state and in the event of a breach thereof,
suit may be brought by the state for the benefit of the bureau. The premiums of such bonds shall be paid
from the funds received by the bureau under the provisions of section 25-1 of this Code.
(Ord. of 6-27-85, 3(3))
Page 24
Sec. 2-76. - Quorum; officers; rules and regulations.

At organizational meetings of the bureau created by this article, a quorum shall consist of three (3)
members of the bureau and a majority of those members attending shall elect a vice-chairman and
secretary, both of whom shall be members of the bureau, and shall adopt such rules and regulations as
may govern the time and place for holding subsequent meetings, regular and special, and other rules and
regulations not inconsistent with the provisions of this article or section 25-2 of this Code.
(Ord. of 6-27-85, 3(6))

Sec. 2-77. - Powers, duties.
(a) The bureau shall have jurisdiction and authority over all matters relating to the establishment,
promotion, and development of tourism and conventions and related matters within the city.
(b) The bureau is authorized to contract for the furnishing, equipping and operation of any and all
facilities necessary or useful in the promotion of tourism and conventions; to lease or rent such
facilities; and to receive and expend, subject to the provisions of this article and section 25-2 of this
Code, revenues from any source, subject to the approval of the mayor and board of aldermen.
(Ord. of 6-27-85, 4)
ARTICLE V. - MAJOR THOROUGHFARE PLAN CITIZENS LOBBYING AND OVERSIGHT COMMITTEE
Sec. 2-91. - Establishment and appointment.

The Tupelo Major Thoroughfare Plan Citizens Lobbying and Oversight Committee is established and
composed of eighteen (18) members with at least two (2) members being residents selected from each of
seven (7) wards of the city and four (4) members selected from the city-at-large. Additional members, not
to exceed ten (10), may be recommended by the committee for appointment by the mayor and
confirmation by the city council as the need or public interest may arise. All members of the committee will
be residents of the city and will serve on a volunteer basis.
(Ord. of 7-2-96, 1)
Sec. 2-92. - Terms of office.
All members will serve for a term of four (4) years or until their successors are duly appointed and
confirmed by the mayor and city council, respectively.
(Ord. of 7-2-96, 2)
Sec. 2-93. - Vacancies and removal.
In the event any vacancy occurs for any reason, the mayor shall appoint and the city council shall
confirm a successor in the manner provided in section 2-91 hereof to serve out the remainder of the term
for that post. No successor may vote on any committee matter until confirmed.
Page 25
Any member who fails to attend four (4) consecutive regular meetings or who fails to attend five (5)
regular or duly called special meetings shall be automatically suspended and a vacancy shall be
declared, unless a majority of the remaining members shall vote to reinstate such person within thirty (30)
days after the vacancy is declared.
The mayor may remove any member for malfeasance, non-feasance, or other good cause shown.
(Ord. of 7-2-96, 3)
Sec. 2-94. - Officers and committees.
The lobbying and oversight committee shall elect a chairperson, a vice-chairperson, a secretary and
such other officers as needed from its membership. The chairperson shall preside at all meetings and
shall submit monthly reports to the mayor and city council. The chairperson shall serve from year to year,
subject to re-election by the members of the committee. Subcommittees may be created by the
committee as the plan requires.
(Ord. of 7-2-96, 4)
Sec. 2-95. - Meetings.
The committee shall hold a monthly meeting on the (date) of each month at (place) or as the
committee may designate and at a regular time which the committee shall establish. The meetings will be
conducted according to "Robert's Rules of Order." The committee may hold special meetings by notice in
call as provided in the laws governing municipalities and in accordance with the Mississippi Open
Meetings Law. A majority of all members shall constitute a quorum for the transaction of business.
Minutes of the meeting shall be submitted to the city council and the city clerk shall keep said minutes as
part of the official records of the city.
(Ord. of 7-2-96, 5)
Sec. 2-96. - Function and duties.
The Tupelo Major Thoroughfare Plan Lobbying and Oversight committee shall have four (4) primary
duties and/or responsibilities.
(1) Oversight function.The committee shall review the progress of the project at its regular
meetings. The project manager shall update the committee at these meetings. The committee
may also call upon any other city employee, contractor under bid, or engineer hired for the
project to provide additional information.
(2) Citizen impact. The committee shall be responsible for collecting information from the public
concerning the project. Monthly reports from the committee will be submitted to the city council.
Any recommendations concerning administration, scheduling, programming, major changes, or
amendments to the project may be proposed to the governing body subject to a majority vote.
(3) Fundraising function. The committee shall prepare and implement yearly, written strategies to
obtain additional funding for the project from the following sources:
a.
Interlocal funds (county, other cities).
b.
State funds.
c.
Federal funds.
d.
Private foundation grants.
Page 26
These fundraising strategies shall be presented to the city council for approval prior to the
council's first regular meeting in September or at such other times as such funds may
become available.
(4) Lobbying function. The committee shall devise strategies to increase public awareness and
support of the major thoroughfare plan.
(Ord. of 7-2-96, 6)
Sec. 2-97. - Designation of administrator.
The project manager for the Tupelo Major Thoroughfare Plan is hereby designated as the
administrator of this article and shall have the primary responsibility for its implementation and operation.
The project manager shall be deemed as ex-officio member of the committee and shall maintain records,
members, etc. on the meetings and decisions of the committee.
(Ord. of 7-2-96, 7)
ARTICLE VI. - TUPELO COLISEUM COMMISSION
Sec. 2-106. - Creation and charter.

The Tupelo Coliseum Commission is hereby created to be composed of nine (9) members as
provided in section 2-108 hereof. This article shall be referred to as the "Tupelo Coliseum Commission
Charter" or the "Charter."
(Ord. of 12-4-90, 1; Ord. of 2-18-92, 1)

Sec. 2-107. - Appointment and terms of office.
The Tupelo Coliseum Commission shall consist of nine (9) commissioners. The initial appointments
to the commission shall be as follows:
(1) The commissioners for post 1 and post 2 shall be for a term of two (2) years from January 1,
1991;
(2) The commissioners for post 3 and post 4 shall be for a term of three (3) years from January 1,
1991;
(3) The commissioners for post 5 and post 6 shall be for a term of four (4) years from January 1,
1991;
(4) The term of the commissioner for post 7 shall be established by the mayor and board of
aldermen;
(5) The commissioner for post 8 shall be for a term of two (2) years from January 1, 1992; and
(6) The commissioner for post 9 shall be for a term of three (3) years from January 1, 1992.
All succeeding appointments for posts 16 and posts 89 shall be for a term of four (4) years from
January 1 of the applicable year. All commissioners shall serve until their successors are named and
confirmed, except as otherwise provided herein.
Page 27
(Ord. of 12-4-90, 2; Ord. of 2-18-92, 2)

Sec. 2-108. - Membership.
For the initial and succeeding terms, the commissioners for posts 6, 8 and 9 shall be, at the time of
appointment and during the term as commissioner, a member of the board of directors of either the
Tupelo Hotel/Motel Association or the Tupelo Restaurant Association. For the initial and succeeding
terms, the commissioner for post 7 shall be the director of the Tupelo Convention and Visitors Bureau
while said person is in office. The board of aldermen shall designate two (2) aldermen, who shall serve as
a non-voting, ex-officio members of the commission. Citizens of Lee County who are qualified electors
shall be the only persons eligible for appointment to and service on the Tupelo Coliseum Commission;
provided, however, that the mayor and members of the board of aldermen, while in office, shall not be
eligible for membership on the commission except in an ex-officio capacity. The board of aldermen may
make recommendations to the mayor, who shall appoint the commissioners as provided hereinafter,
subject to the advice and consent of the board of aldermen by a majority vote for confirmation.
(Ord. of 12-4-90, 3; Ord. of 2-18-92, 3)

Sec. 2-109. - Limitation.
Excluding initial terms of less than four (4) full years, no person shall serve as a commissioner for
posts 16 and 89 for more than two (2) consecutive four (4) year terms.
(Ord. of 12-4-90, 4; Ord. of 2-18-92, 4)

Sec. 2-110. - Officers.
The officers of the commission shall be a chairman, vice-chairman, secretary and treasurer, which
shall be elected by the commission for one year terms. All officers shall be elected by the commission for
a one (1) year term. After the initial election, the annual election shall be held at the regular meeting in
September of each year, and the officers shall take office effective on October 1 of each year.
(Ord. of 12-4-90, 5; Ord. of 2-18-92, 5)

A commission shall hold a regular monthly meeting on the third Monday of each month, in the city
board room or in the executive offices of the coliseum, as the commission may designate and at a regular
time which the commission shall establish. Meeting shall be conducted according to "Roberts Rules of
Order." The commission may establish an additional regular meeting or may hold special meetings by
notice as provided in laws governing municipalities and in accordance with the Mississippi Open Meetings
Law. Five (5) commissioners shall constitute a quorum for the transaction of business. Minutes of the
meetings shall be submitted to the board of aldermen, and the city clerk shall keep said minutes as part of
the official records of the city.
(Ord. of 12-4-90, 6; Ord. of 2-18-92, 6)

Sec. 2-112. - Fidelity.
Commissioner shall be required to post and give bond with a corporated surety in the amount of
twenty-five thousand dollars ($25,000.00), the expense for which shall be payable by the city. No
commissioner shall be allowed to vote until the bond has been received and accepted.
Page 28
(Ord. of 12-4-90, 7)
Sec. 2-113. - Powers.
The Tupelo Coliseum Commission shall have jurisdiction and authority over all matters relating to the
establishment, promotion, development, construction, renovation, maintenance, and operation of a multipurpose coliseum in the city. Specifically, the Tupelo Coliseum Commission is empowered:
(1) To own, lease or contract for any equipment useful and necessary in the operation of the
coliseum;
(2) To receive and expend revenue from and for events and from any other sources according to
law;
(3) To adopt uniform rules and regulations regarding the granting of franchises, licenses or leases
for the use, operation and maintenance of the coliseum, subject to state and federal laws;
(4) To hire and terminate such employees as is necessary for the efficient operation of the
coliseum;
(5) To execute contracts and other instruments on behalf of the city, within the limitations of the
approved budget and the rules and regulations for performing artists, exhibitions, shows,
athletic events and other demonstrations of entertainment, educational or cultural value or of
general public interest;
(6) To prepare and sell food, beverages (both alcoholic and non-alcoholic), programs,
merchandise, souvenirs and other wares and services;
(7) To advise and perform liaison functions with the architects, engineers, and contractors for all
construction, renovation and operations related to the coliseum;
(8) To apply for and obtain licenses, permits or other certificates of authorization from governmental
entities or agencies thereof for the use, operation and maintenance of the coliseum;
(9) To promote, attract, and contract for events, shows, conventions, and performances to derive
revenue for the coliseum commission or to promote the economic, educational or cultural
interests of the city;
(10) To purchase goods, commodities and services pursuant to public law and under the supervision
of the city clerk or the chief financial officer of the city;
(11) To establish, enact and enforce rules, regulations and standards for public safety, coliseum
operations and the preservation of good order and peace of the public;
(12) To prevent injury to, destruction of, or interference with public or private property;
(13) To protect property, health and lives and to enforce the general welfare of the coliseum
commission by restricting the movements of citizens or any group thereof on the property of the
coliseum commission when there is imminent danger to the public safety;
(14) To regulate the entrances to property and buildings of the coliseum and the ingress and egress
to and from the same;
(15) To establish fire limits and to regulate, restrain or prohibit construction failing to meet standards
established by the coliseum commission and enforce the rules and regulations of the coliseum
commission, as well as the laws of the state;
(16) To purchase general liability insurance, including errors and omissions insurance for the
coliseum commission, its officials and employees; and
(17) To have and exercise all powers necessary and convenient to effect the efficient operation of a
multipurpose coliseum.
Page 29
(Ord. of 12-4-90, 8; Ord. of 3-19-2013, 1)

Sec. 2-114. - Budget.
Annually, the Tupelo Coliseum Commission shall prepare a proposed budget in such form as
required by the mayor and city clerk, which budget shall be submitted to the mayor and board of
aldermen for approval. All expenditures made by the commission shall be in strict accordance with the
budget, as approved, and with state law.
(Ord. of 12-4-90, 9)
Sec. 2-115. - Bylaws.
The commission is authorized and directed to establish a set of bylaws, not inconsistent herewith, for
the effective governance of the commission in the operation of the coliseum.
(Ord. of 12-4-90, 10)

In the event that any vacancy occurs for any reason, the mayor and board of aldermen shall appoint
a successor in the manner provided in section 2-108 hereof to serve out the remainder of the term for that
post. No successor may vote until confirmed and until the provisions of section 2-112 hereof have been
fulfilled.
Any commissioner who fails to attend three (3) consecutive regular meetings or who fails to attend
five (5) regular or duly called special meetings in any one calendar year shall be automatically suspended
and a vacancy shall be declared, unless four (4) of the remaining commissioners shall vote to reinstate
such person within thirty (30) days after the vacancy is declared.
The mayor and board of aldermen may, by two-thirds (2/3) majority vote, remove any commissioner
for malfeasance, non-feasance or other good cause shown. Upon written request, any commissioner so
removed may have the decision reviewed at a public hearing before the mayor and board of aldermen.
(Ord. of 12-4-90, 11)

ARTICLE VII. - PRESERVATION COMMISSION
FOOTNOTE(S):
--- (3) --Editor's noteOrd. of 4-19-05(1), IXIX, did not specifically amend this Code. Hence, inclusion of
said ordinance provisions as 2-1312-149 was at the editor's discretion.
Sec. 2-131. - Statement of purpose.

The City of Tupelo hereby recognizes that it is known for its extensive and concentrated collection of
prominent historical and architectural buildings, as well as urban groupings of historic public, commercial,
Page 30
and residential buildings, and that Tupelo's unique qualities have proven increasingly attractive to
residents, business interests, and tourists.
As a matter of public policy the city aims to preserve, enhance, and perpetuate those aspects of the
city having historical, cultural, architectural, and archaeological merit. Such historic activities will promote
and protect the health, safety, prosperity, education, and general welfare of the people living in and
visiting the city.
More specifically, this historic preservation article is designed to achieve the following goals:
(1) Protect, enhance and perpetuate resources which represent distinctive and significant elements
of the city's historical, cultural, social, economic, political, archaeological, and architectural
identity;
(2) Insure the harmonious, orderly, and efficient growth and development of the city;
(3) Strengthen civic pride and cultural stability through neighborhood conservation;
(4) Stabilize the economy of the city through the continued use, preservation, and revitalization of
its resources;
(5) Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to
business and industry thereby provided;
(6) Promote the use of resources for the education, pleasure, and welfare of the people of the city.
(7) Provide a review process for the preservation and appropriate development of the city's
resources.
(Ord. of 4-19-05(1), I)
Unless specifically noted otherwise, the following definitions are standard throughout this article:
Alteration means any change in the exterior appearance or materials of a landmark or a structure
within a historic district or on a landmark site.
Applicant means the owner of record of a resource; the lessee thereof with the approval of the owner
of record in notarized form; or a person holding a "bona fide" contract to purchase a resource.
Appurtenance means an accessory to a building, structure, object, or site, including, but not limited
to, landscaping features, walls, fences, light fixtures, steps, paving, sidewalks, shutters, awnings, solar
panels, satellite dishes, and signs.
Building means a structure created to shelter any form of human activity, such as a house, garage,
barn, church, hotel, or similar structure.
Certificate of appropriateness means an official signed and dated governmental document issued by
either a local historic preservation commission or a governing authority to permit specific work in a historic
district or at a landmark site or landmark which has been reviewed and approved.
Certified Local Government (CLG) means a federal program authorized by the National Historic
Preservation Act 16 U.S.C. 470 et seq., that provides for the participation of local governments in a
federal/state/local government preservation partnership. The federal law directs the State Historic
Preservation Officer of Mississippi and the Secretary of the Interior to certify local governments to
participate in this partnership. Specific Mississippi requirements for the program are published in "State of
Mississippi, Procedures for the Certified Local Government Program."
City of Tupelo means the City of Tupelo as represented by the mayor and city council.
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Construction means work which is neither alteration nor demolition. Essentially, it is the erection of a
new structure which did not previously exist, even if such a structure is partially joined to an existing
structure.
Demolition means the intentional removal of a structure within a local historic district or on a
landmark site or which has been designated as a landmark.
Demolition by neglect means substantial deterioration of a historic structure that results from
improper maintenance or a lack of maintenance.
Design review guidelines means as adopted by the local historic preservation commission, shall be
in a written form designed to inform local property owners about historical architectural styles prevalent in
a community and to recommend preferred treatments and discourage treatments that would compromise
the architectural integrity of structures in a historic district or on a landmark site or individually designated
as landmarks.
Exterior features or resources shall include, but not be limited to, the color, kind, and texture of the
building material and the type and style of all windows, doors, and appurtenances.
Historic district means a group of two (2) or more tax parcels and their structures, and may be an
entire neighborhood of structures linked by historical association or historical development. It is not
necessary that all structures within a historic district share the same primary architectural style or be from
the same primary historical period. A historic district may also include both commercial and residential
structures, and may include structures covered by two (2) or more zoning classifications. A historic district
may include both contributing and noncontributing structures. A historic district is designated by the
commission and approved by the City of Tupelo through an ordinance.
Historic landmark means a structure of exceptional individual significance, and its historically
associated land, which typically could not be included within a local historic district or other appropriate
setting, a historic landmark is designated by the commission and approved by the City of Tupelo through
an ordinance.
Historic preservation commission means the City of Tupelo Historic Preservation Commission, is a
local historic preservation commission established to advise the local government on matters relating to
historic preservation, including the designation of historic districts, landmarks and landmark sites, and
which may be empowered to review applications for permits for alteration, construction, demolition,
relocation or subdivision for structures in historic districts or on landmark sites or designated as
landmarks.
Improvement means additions to or new construction on landmarks or landmark sites, including, but
not limited to, buildings, structures, objects, landscape features, and manufactured units, like mobile
homes, carports, and storage buildings.
Landmark site means a location where a primary architectural or historical resource formerly stood or
a significant historic event took place or an important archeological resource remains. For the purposes of
this article, a landmark site encompasses prehistoric or historic sites on unimproved or improved land. A
historic landmark is designated by the commission and approved by the City of Tupelo through an
ordinance.
Landscape means any improvement or vegetation including, but not limited to: Shrubbery, trees,
plantings, outbuildings, walls, courtyards, fences, swimming pools, planters, gates, street furniture,
exterior lighting, and site improvements, including but not limited to, subsurface alterations, site regrading,
fill deposition, and paving.
National historic landmark means a district, site, building, structure, and/or object that has been
formally designated as a national historic landmark by the Secretary of the Interior and possesses
exceptional value or quality in illustrating or interpreting the heritage of the United States in history,
architecture, archaeology, engineering, and culture and that possesses a high degree of integrity of
location, design, setting, materials, workmanship, feeling, and association. National historic landmarks
are automatically listed in the National Register.
Page 32
National Register of Historic Places means a federal list of cultural resources worthy of preservation,
authorized under the National Historic Preservation Act of 1966 as part of a national program to
coordinate and support public and private efforts to identify, evaluate, and protect the nation's historic and
archaeological resources. The National Register Program is administered by the commission, by the state
historic preservation office, and by the National Park Service under the Department of the Interior.
Significant federal benefits may accrue to owners of properties listed or determined eligible for listing in
the National Register.
Object means a material thing of functional, cultural, historical, or scientific value that may be, by
nature or design, movable, yet related to a specific setting or environment.
Ordinary repair or maintenance means work done to prevent deterioration of a resource or any part
thereof by returning the resource as nearly as practical to its condition prior to such deterioration, decay,
or damage.
Owner of record means the owner of a parcel of land, improved or unimproved, reflected on the City
of Tupelo tax roll and in county deed records.
Period of greatest historic significance for a landmark means the time period during which the
landmark had been essentially completed but not yet altered. It is also the period during which the style of
architecture of the landmark was commonplace or typical. If a landmark also achieved historical
importance in part because of designed landscape features, the period of greatest historic significance
includes the time period during which such landscape features were maintained.
Relocation means the moving of a structure to a new location on its tax parcel or the relocation of
such a structure to a new tax parcel.
Resource means parcels located within historic districts, individual landmarks, and landmark sites,
regardless of whether such sites are presently improved or unimproved. Resources can be both separate
buildings, districts, structures, sites, and objects and related groups thereof.
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings means a federal document stating standards and guidelines for the appropriate rehabilitation
and preservation of historic buildings.
Site means the location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings, or objects.
State historic preservation office means the Historic Preservation Division of the Mississippi
Department of Archives and History.
State historic preservation officer means the director of the Mississippi Department of Archives and
History.
Structure means a man-made object and typically will be visible because of portions which exist
above grade. Structures built during the historic period, 1700 forward, may in some instances not be
visible above grade if they are cellars, cisterns, icehouses or similar objects which by their nature are
intended to be built into the ground. A structure includes both interior components and visible exterior
surfaces, as well as attached elements such as signs and related features such as walks, walls, fences
and other nearby secondary structures or landmark features.
Subdistricts means discrete areas within a larger historic district within which separate design
guidelines are appropriate and that may be created to recognize different zoning, classifications or
historic development patterns which have caused adjacent historic areas to develop at different times.
Subdivision means any change in the boundaries of a single tax parcel, whether the change results
in expansion or reduction or a boundary relocation.
Substantial deterioration means structural degradation of such a nature that water penetration into a
historic structure can no longer be prevented, or structural degradation that causes stress or strain on
structural members when supports collapse or warp, evidence of which includes defective roofing
materials, broken window coverings and visible interior decay.
Page 33
Survey of resources means the documentation, by historical research or a photographic record, of

structures of historical interest within a specified area or jurisdiction or of existing structures within a
proposed historic district.
Unauthorized demolition means the deliberate demolition of a historic structure without prior review
and approval by a local historic preservation commission or a governing authority to which such a
commission has made a recommendation.
Unreasonable economic hardship means the definition under constitutional standards used to
determine whether a "taking" exists.
(Ord. of 4-19-05(1), II)

Sec. 2-133. - City of Tupelo preservation commission, composition, and terms.
By virtue of MCA 1972, 39-13-5, 39-15-7 and 39-13-9, as amended, the City of Tupelo is
authorized to establish a preservation commission to preserve, promote, and develop the City of Tupelo's
historical resources and to advise the City of Tupelo on the designation of historic districts, landmarks,
and landmark sites and perform such other functions as may be provided by law.
All members of the commission are appointed by the City of Tupelo and shall serve at the will and
pleasure of the City of Tupelo and shall serve staggered terms. The commission shall consist of not fewer
than five (5) members nor more than nine (9) members (see MCA 1972, 39-13-5, as amended).
All members of the commission shall serve for terms established by the City of Tupelo and shall be
eligible for reappointment. All commission members shall have a demonstrated knowledge of, or interest,
competence, or expertise in historic preservation. To the extent available in the community, the City of
Tupelo shall appoint professional members from the primary historic preservation-related disciplines such
as urban planning, American studies, American civilization, cultural geography, cultural anthropology,
interior design, law, and related fields. The City of Tupelo shall document a good faith effort to locate
professionals to serve on the commission before appointing lay members. Also the City of Tupelo shall
document a good faith effort to locate residents of the municipality to serve on the commission before
appointing individuals who own property within the boundary of the municipality or are in the service of an
employer located within the boundary of the municipality (see MCA 1972, 39-13-5, as amended).
(1) The City of Tupelo shall publish at least one (1) notice in a newspaper in its jurisdiction to solicit
responses from citizens who are professionals in the related fields of historic preservation and
who are interested in serving on the commission. The City of Tupelo may contact known
professionals and interested lay persons and invite submission of their qualifications in written
resume form.
(2) The City of Tupelo shall provide three (3) weeks (fifteen (15) working days) for responses.
Respondents shall submit, in written resume form, information concerning their demonstrated
interest, competence, knowledge, or expertise. Such information should include, but is not
limited to, educational and professional background, membership in appropriate preservation
organizations, subscriptions to suitable professional publications, volunteer work, attendance at
workshops and seminars, and other relevant experience.
(3) When the City of Tupelo has collected adequate information concerning the potential
appointees to the commission, it shall decide, with the assistance of the state historic
preservation office, if desired, which candidates are qualified for appointment to the
commission.
(Ord. of 4-19-05(1), III)

Sec. 2-134. - Powers of the commission.
Page 34
In order to preserve, promote, and develop the distinctive appearance and the historic resources of
the City of Tupelo and to accomplish the purposes set forth in MCA 1972, 39-13-5 as amended, and in
this article:
(1) The commission shall conduct or cause to be conducted a continuing study and survey of
resources within the City of Tupelo.
(2) The commission shall recommend to the City of Tupelo the adoption of ordinances designating
historic districts, landmarks, and landmark sites.
(3) The commission may recommend that the City of Tupelo recognize sub-districts within any
historic district, in order that the commission may adopt specific guidelines for the regulation of
properties within such a sub-district.
(4) The commission shall review applications proposing construction, alteration, demolition, or
relocation of any resource as defined in section (1) above.
(5) The commission shall grant or deny certificates of appropriateness, and may grant certificates
of appropriateness contingent upon the acceptance by the applicant of specified conditions.
(6) The commission shall not consider interior arrangements of buildings and structures except that
it shall advise the Mississippi Department of Archives and History on questions relating to the
interiors of publicly owned resources.
(7) The commission, subject to the requirements of the City of Tupelo, is authorized to apply for,
receive, hold and spend funds from private and public sources, in addition to appropriations
made by the City of Tupelo for the purpose for carrying out the provisions of this article.
(8) The commission is authorized to employ such staff or contract with technical experts or other
persons as may be required for the performance of its duties and to obtain the equipment,
supplies, and other materials necessary for its effective operation.
(9) The commission is authorized, solely in the performance of its official duties and only at
reasonable times, to enter upon private land for the examination or survey thereof. No member,
employee, or agent of the commission shall enter any private dwelling or structure without the
express consent of the owner of record or occupant thereof.
(10) Paint color changes are outside the jurisdiction of the commission.
(Ord. of 4-19-05(1), IV)

Sec. 2-135. - Rules of procedure.
To fulfill the purposes of this article and carry out the provisions contained therein:
(1) The commission annually shall elect from its membership a chairman and vice-chairman. It shall
select a secretary from its membership or its staff. If neither the chairman nor the vice-chairman
attends a particular meeting, the remaining members shall select an acting chairman from the
members in attendance at such meeting.
(2) The commission shall develop and adopt rules of procedure that shall govern the conduct of its
business, subject to the approval of the City of Tupelo. Such rules of procedure shall be a
matter of public record.
(3) The commission shall develop design review guidelines for determining appropriateness as
generally set forth in section 2-137 of this article. Such criteria shall insofar as possible be
consistent with local, state, and federal guidelines and regulations, including, but not limited to,
building safety and fire codes and the Secretary of the Interior's Standards For Rehabilitation.
(4) The commission shall keep minutes and records of all meetings and proceedings including
voting records, attendance, resolutions, findings, determinations, and decisions. All such
material shall be a matter of public record.
Page 35
(5) The commission shall establish its own regular meeting time; however, the first meeting shall be
held within thirty (30) days of the establishment of the commission by the local government and
regular meetings shall be scheduled at least once every three (3) months. The chairman or any
two (2) members may call a special meeting to consider an urgent matter.
(Ord. of 4-19-05(1), V)
Sec. 2-136. - Designation of landmarks, landmark sites, and historic districts.
By ordinance, the City of Tupelo may establish landmarks, landmark sites, and historic districts
within the area of its jurisdiction. Such landmarks, landmark sites, or historic districts shall be designated
following the criteria as specified in section 2-132.
(1) The commission shall initiate a continuing and thorough investigation of the archaeological,
architectural, cultural, and historic significance of the City of Tupelo's resources. The findings
shall be collected in a cohesive format, made a matter of public record, and made available for
public inspection. The commission shall work toward providing complete documentation for
locally designated historic districts that would include:
a.
An inventory of all property within the boundary of the district, with photographs of each
building and an evaluation of its significance to the district. Building evaluations are to be
used only as a reference or guide and shall not be used as the determining factor for
issuing or denying a certificate or appropriateness.
b.
An inventory which would be in format consistent with the statewide inventory format of the
Historic Preservation Division of the Mississippi Department of Archives and History
(SHPO).
(2) The commission shall advise the City of Tupelo on the designation of historic districts,
landmarks, or landmark sites and submit or cause to be prepared ordinances to make such
designation.
(3) A resource or resources may be nominated for designation upon motion of three (3) members
of the commission or by an organization interested in historic preservation or by an owner of the
property being nominated. A nomination shall contain information as specified by the
commission. The commission must reach a decision on whether to recommend a proposed
nomination to the City of Tupelo within six (6) months in the case of a historic district and two (2)
months in the case of either a landmark or landmark site.
(4) If the commission votes to recommend to the City of Tupelo the designation of a proposed
resource, it promptly forwards to the City of Tupelo its recommendation, in writing, together with
an accompanying file.
(5) The commission's recommendations to the City of Tupelo for the designation of a historic
district shall be accompanied by:
a.
A map of the historic district that clearly delineates the boundaries.
b.
A verbal boundary description and justification.
c.
A written statement of significance for the proposed historic district.
(6) After the nomination of a resource to the City of Tupelo for possible local designation, the
resource shall be fully protected by the provisions of this ordinance for a period of six (6)
months, as if it were already designated.
(7) Any property designated under a previous City of Tupelo ordinance shall remain designated.
(8) No historic district or districts shall be designated until the Mississippi Department of Archives
and History has been notified by certified letter by the City of Tupelo and invited to make
recommendations concerning the proposed district boundaries. The Mississippi Department of
Page 36
Archives and History may comment by letter, telephone, e-mail or in person through designated
staff. The City of Tupelo shall provide to the Mississippi Department of Archives and History the
dates of the next two (2) public meetings at which action on the designation of such a district
might be taken so that the Mississippi Department of Archives and History may comment in a
timely manner. Failure of the Mississippi Department of Archives and History to comment by the
date of the second such meeting shall relieve the City of Tupelo of any responsibility for
awaiting and responding to such analysis, and the City of Tupelo may at any time thereafter
take any necessary action to create the proposed historic district.
a.
If a proposed ordinance is to designate a landmark or landmark site, it may be presented to

the City of Tupelo with a recommendation that it be adopted without submission to the
Mississippi Department of Archives and History.
(9) The City of Tupelo shall conduct a public hearing, after notice, to discuss the proposed
designation and boundaries thereof. A notice of the hearing shall be published once a week for
at least three (3) consecutive weeks in at least one newspaper published in the City of Tupelo. If
a newspaper is not published in the City of Tupelo, then the notice shall be published in a paper
published in the county. The first publication of such resolution shall be made not less than
twenty-one (21) days prior to the date fixed in the resolution for the public hearing and the last
publication shall be made not more than seven (7) days prior to such date.
(10) Within sixty (60) calendar days after the public hearing held in connection herewith, the City of
Tupelo shall adopt the ordinance as proposed, reject it entirely, or adopt the ordinance with
modifications.
(11) Furthermore, the commission shall notify, as soon as is reasonably possible, the appropriate
state, county, and municipal agencies of the official designation of all landmarks, landmark
sites, and historic districts. An updated list and map shall be maintained by such agencies and
made available to the public.
(Ord. of 4-19-05(1), VI)

State Law reference Designation of landmarks, MCA 1972, 39-7-11.
Sec. 2-137. - Certificates of appropriateness.
No exterior feature of any resource shall be altered, relocated, or demolished until after an
application for a certificate of appropriateness of such work has been approved by the commission.
Likewise, no construction which affects a resource shall be undertaken without a certificate of
appropriateness. Therefore,
(1) The commission shall serve as a review body with the power to approve and deny applications
for certificates of appropriateness.
(2) In approving and denying applications for certificates of appropriateness, the commission shall
seek to accomplish the purposes of this article.
(3) A certification of appropriateness shall not be required for work deemed by the commission to
be ordinary maintenance or repair of any resource.
(4) All decisions of the commission shall be in writing and shall state the findings of the
commission, its recommendations, and the reasons therefore.
(Ord. of 4-19-05(1), VII)

Sec. 2-138. - Criteria for issuance of certificates of appropriateness.
Page 37
The commission and the City of Tupelo shall use the following criteria in granting or denying
certificates of appropriateness:
(1) General factors:
a.
Architectural design of existing building, structure, or appurtenance and proposed

alteration;
b.
Historical significance of the resource;
c.
General appearance of the resource;
d.
Condition of the resource;
e.
Materials composing the resource;
f.
Size of the resource;
g.
The relationship of the above factors to, and their effect upon the immediate surroundings
and, if within a historic district, upon the district as a whole and its architectural and
historical character and integrity.
(2) New construction:

a.
In advance of new construction, steps shall be taken to insure evaluation of possible

archaeological resources, as set forth in the Mississippi Antiquities Act.
b.
The following aspects of new construction shall be visually compatible with the buildings
and environment with which the new construction is visually related, including but not
limited to: The height, the gross volume, the proportion between width and height of the
facade(s), the proportions and relationship between doors and windows, the rhythm of
solids to voids created by openings in the facade, the materials, the textures, the colors,
the patterns, the trims, and the design of the roof.
c.
Existing rhythm created by existing building masses and spaces between them shall be
preserved.
d.
The landscape plan shall be compatible with the resource, and it shall be visually
compatible with the environment with which it is visually related. Landscaping shall also not
prove detrimental to the fabric of a resource, or adjacent public or private improvements
like sidewalks and walls.
e.
No specific architectural style shall be required.
(3) Exterior alteration:

a.
All exterior alterations to a building, structure, object, site, or landscape feature shall be
compatible with the resource itself and other resources with which it is related, as is
provided in section 2-138(1) and (2), and the original design of a building, structure, object,
or landscape feature shall be considered in applying these standards.
b.
Exterior alterations shall not affect the architectural character or historic quality of a
landmark and shall not destroy the significance of landmark sites.
(4) In considering an application for the demolition of a landmark or a resource within a historic
district, the following shall be considered:
a.
The commission shall consider the individual architectural, cultural, and/or historical
significance of the resource.
b.
The commission shall consider the importance or contribution of the resource to the
architectural character of the district.
c.
The commission shall consider the importance or contribution of the resource to

neighboring property values.
Page 38
d.
The commission shall consider the difficulty or impossibility of reproducing such a resource
because of its texture, design, material, or detail.
e.
Following recommendation for approval of demolition, the applicant must seek approval of
replacement plans, set forth in 2-138(2), prior to receiving a demolition permit and other
permits. Replacement plans for this purpose shall include, but shall not be restricted to,
project concept, preliminary elevations and site plans, and completed working drawings for
at least the foundation plan which will enable the applicant to receive a permit for
foundation construction.
f.
Applicants that have received a recommendation for demolition shall be permitted to

receive such demolition permit without additional commission action on demolition,
following the commission's recommendation of a permit for new construction. Permits for
demolition and construction shall be issued simultaneously if requirements of section 2138(2), are met, and the applicant provides financial proof of his ability to complete the
project.
g.
When the commission recommends approval of demolition of a resource, a permit shall not
be issued until all plans for the site have received approval from all appropriate City of
Tupelo boards, commissions, departments and agencies.
(Ord. of 4-19-05(1), VIII)

Sec. 2-139. - Procedures appropriateness for issuance of certificates of appropriateness.
Anyone desiring to take action requiring a certificate of appropriateness concerning a resource for
which a permit, variance, or other authorization from either the City of Tupelo building official or the City of
Tupelo is also required, shall make application therefore in the form and manner required by the
applicable code section or ordinance. Any such application shall also be considered an application for a
certificate of appropriateness and shall include such additional information as may be required by the
commission. After receipt of any such application, the City of Tupelo building official shall be assured that
the application is proper and complete. No building permit shall be issued by the City of Tupelo building
official which affects a resource without a certificate of appropriateness. In the event that a building permit
need not be obtained for a building, structure, or object to be erected within a historic district or on a
landmark or landmark site, a certificate of appropriateness is still required before such building, structure,
or object may be erected. Thereafter, such application shall be reviewed in accordance with the following
procedure:
(1) When any such application is filed, the City of Tupelo building official shall immediately notify
the commission chairman or vice-chairman, if the chairman is unavailable, of the application
having been filed.
(2) If at the time of filing of an application, there is not a commission meeting already scheduled
within thirty (30) days of this filing, the chairman or vice-chairman shall set a time and date,
which shall be not later than fifteen (15) days after the filing of the application for a hearing by
the commission, and the City of Tupelo building official shall be so informed.
(3) The applicant shall, upon request, have the right to a preliminary conference with commission
staff for the purpose of making any changes or adjustments to the application which might be
more consistent with the commission's standards.
(4) Not later than eight (8) days before the date set for the said hearing, the City of Tupelo building
official shall mail notice thereof to the applicant at the address in the application and to all
members of the commission.
(5) Notice of the time and place of said hearing shall be given by publication in a newspaper having
general circulation in the community at least ten (10) days before such hearing and/or by
posting such notice on the bulletin board in the lobby of City of Tupelo Hall.
Page 39
(6) At such hearing, the applicant for a certificate of appropriateness shall have the right to present
any relevant evidence in support of the application. Likewise, the governing body shall have the
right to present any additional relevant evidence in support of the application.
(7) The commission shall have the right to recommend changes and modifications to enable the
applicant to meet the requirements of the commission.
(8) Within not more than twenty-one (21) days after the hearing on an application, the commission
shall act upon it, either approving, denying, on [or] deferring action until the next meeting of the
commission, giving consideration to the factors set forth in section 2-138 hereof. Evidence of
approval of the application shall be by certificate of appropriateness issued by the commission
and, whatever its decision, notice in writing shall be given to the applicant and the City of Tupelo
building official. Whenever a local historic preservation commission shall deny or recommend
denial of a certificate of appropriateness, the commission must state the reasons for such denial
in writing. Thereafter, an applicant may resubmit a new application at any time, except that an
applicant must wait six (6) months whenever an application for a certificate of appropriateness
is denied for a landmark property of statewide or national significance and notice of any second
or subsequent application must be sent to the Mississippi Department of Archives and History
as well as to the local historic preservation commission.
(9) In all cases of applications affecting National Historic Landmarks, at least two-thirds (2/3) of the
members of the commission must approve a certificate of appropriateness in order for it to be
granted.
(10) The issuance of a certificate of appropriateness shall not relieve an applicant for a building
permit, special use permit, variance, or other authorization from compliance with any other
requirement or provision of the laws of the City of Tupelo concerning zoning, construction,
repair, or demolition.
(11) Denial of a certificate of appropriateness shall be binding upon the City of Tupelo building
inspector or the agency responsible for issuing building permits and shall prevent the issuance
of other building permits for the same parcel until a certificate of appropriateness is approved. A
certificate of appropriateness may be required for work which does not require a building permit.
A certificate of appropriateness may be evidenced by either a written and dated letter to an
owner or applicant or such a letter accompanied by a signed and dated stamp on the face of
any and all architectural or project drawings prepared for a project.
(12) A certificate of appropriateness shall expire after six (6) months if work has not begun.
(Ord. of 4-19-05(1), IX)

Sec. 2-140. - Unreasonable economic hardship.
When a claim of unreasonable economic hardship is made due to the effect of this article, the owner
of record must present evidence sufficient to prove that as a result of the preservation commission's
action he is unable to obtain a reasonable return or a reasonable beneficial use. The owner of record
shall submit by affidavit to the commission for its review at least the following information:
(1) Date the property was acquired by its current owner;
(2) Price paid for the property (if acquired by purchase) and the relationship (if any) between the
buyer and the seller of the property;
(3) Mortgage history of the property, including current mortgage;
(4) Current market value of the property;
(5) Equity in current use and in alternative uses;
(6) Past and current income and expense statements for a two-year period;
Page 40
(7) Past capital expenditures during ownership of current owner;

(8) Appraisals of the property obtained within the previous two (2) years; and
(9) Income and property tax factors affecting the property.
The preservation commission may require that an applicant furnish additional information relevant to
its determination of unreasonable economic hardship.
The preservation commission may receive and consider studies and economic analyses from other
City of Tupelo agencies and from private organizations relating to the property in question.
Should the commission determine that the owner's present return is not reasonable, it must consider
whether there are other uses currently allowed that would provide a reasonable return and whether such
a return could be obtained through investment in the property for rehabilitation purposes.
Should the applicant satisfy the commission that he will suffer an unreasonable economic hardship if
a certificate of appropriateness is not approved, such certificate must be approved.
(Ord. of 4-19-05(1), X)
Sec. 2-141. - Appeals.
An applicant who desires to appeal a decision of the preservation commission may appeal directly to
the planning committee by notifying the planning department in compliance with Section 6.2.4 of the
Development Code. An applicant who desires to appeal a decision of the planning committee may appeal
directly to the City Council of the City of Tupelo by notifying the clerk of the city council within thirty (30)
days after the decision is rendered by the planning committee. Should the applicant thereafter wish to
appeal the decision of the city council, the applicant may do so in the manner provided by law.
(Ord. of 4-19-05(1), XI; Ord. of 12-4-07, 1)

Sec. 2-142. - Minimum maintenance requirements.
In order to insure the protective maintenance of resources, the exterior features of such properties
shall be maintained to meet the requirements of the City of Tupelo's minimum housing code and the City
of Tupelo's building code.
(Ord. of 4-19-05(1), XII)

Sec. 2-143. - Demolition by neglect.
(a) Any resource which is a landmark and all resources within a historic district shall be preserved by the
owner or such other person or persons as may have the legal custody or control thereof against
decay and deterioration and free from unreasonable structural defects. The owner or other person
having legal custody and control thereof shall repair such resource if it is found to have one or more
of the following defects:
(1) Deterioration to the extent that it creates or permits a hazardous or unsafe condition as
determined by the City of Tupelo's building inspector.
(2) Deterioration, as determined by the building inspector, of a building characterized by one or
more of the following:
a.
Those buildings which have parts thereof which are so attached that they may fall and
injure persons or property;
b.
Deteriorated or inadequate foundations;
Page 41
c.
Defective or deteriorated floor supports or floor supports inefficient to carry imposed loads
with safety;
d.
Members of walls or other vertical supports that split, lean, list, or buckle due to defective
material, workmanship, or deterioration;
e.
Members of walls or other vertical supports that are insufficient to carry imposed loads with
safety;
f.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which
sag, split, or buckle due to defective material, workmanship, or deterioration;
g.
Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are
insufficient to carry imposed loads with safety;
h.
Fireplaces or chimneys which list, bulge, or settle due to defective material, workmanship,
or deterioration; or
i.
Any fault, defect, or condition in the building which renders the same structurally unsafe or
not properly watertight.
(b) If the commission makes a preliminary determination that a resource is being demolished by neglect,
it shall direct the City of Tupelo building official to notify the owner or owners of the resource of this
preliminary determination, stating the reasons therefore, and shall give the owner of record thirty (30)
days from the date of mailing of such notice or the posting thereof on the property, whichever comes
later, to commence work to correct the specific defects as determined by the commission.
Said notice shall be given as follows:
(1) By certified mail, restricted delivery, mailed to the last known address of the record owner or
owners as listed on the City of Tupelo and/or county tax rolls; or
(2) If the above mailing procedure is not successful, notice shall be posted in a conspicuous,
protected place on the resource.
(c) If the owner or owners fail to commence work within the time allotted as evidenced by a building
permit, the commission shall notify the owner or owners in the manner provided above to appear at a
public hearing before the commission at a date, time, and place to be specified in said notice, which
shall be mailed or posted at least thirty (30) days before said hearing. For the purpose of insuring
lawful notice, a hearing may be continued to a new date and time. The commission shall receive
evidence on the issue of whether the subject resource should be repaired and the owner or owners
may present evidence in rebuttal thereto. If, after such hearing, the commission shall determine that
the resource is being demolished by neglect, it may direct the City of Tupelo building official to bring
misdemeanor charges against the owner or owners if the necessary repairs are not completed within
ninety (90) days of the determination by the commission that the subject building or structure is being
demolished by neglect.
(d) The City of Tupelo, in addition to the powers specified in MCA 1972, 21-19-11(1), as amended, if
the Historic Preservation Division of the Department of Archives and History concurs, may make
repairs necessary to correct demolition by neglect, and the cost of such repairs shall become a lien
against the property in accordance with the Mississippi State Code of 1972 as amended.
(Ord. of 4-19-05(1), XIII)

Sec. 2-144. - Public safety exclusion.
None of the provisions of this article shall be construed to prevent any action of construction,
alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any resource,
or part thereof, where such condition has been declared unsafe or dangerous by the City of Tupelo
building official or the fire department and where the proposed actions have been declared necessary by
Page 42
such authorities to correct the said condition; provided, however, that only such work as is necessary to
correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any
resource designated as a landmark or located within a historic district, shall be damaged by fire or other
calamity to such an extent that it cannot be repaired and restored, it may be removed in conformity with
normal permit procedures and applicable laws, provided that:
(1) The City of Tupelo building official concurs with the property owner that the resource cannot be
repaired and restored and so notifies the commission in writing.
(2) The preservation commission, if in doubt after receiving such notification from the City of Tupelo
building official, shall be allowed time to seek outside professional expertise from the state
historic preservation office and/or an independent structural engineer before issuing a certificate
of appropriateness for the demolition. The commission may indicate in writing by letter to the
City of Tupelo building official that it will require a time period of up to thirty (30) days for this
purpose, and, upon such notification to the City of Tupelo building official, this section shall be
suspended until the expiration of such a delay period.
(Ord. of 4-19-05(1), XIV)

Sec. 2-145. - Enforcement and penalties.
The following civil and criminal penalties may be imposed upon those persons, firms, or corporations
found to have violated requirements or prohibitions contained within this ordinance.
(1) Civil penalty.
a.
Any person who constructs, alters, relocates, or demolishes any resource in violation of
this article shall be required to restore the resource to its appearance or setting prior to the
violation. Any action to enforce this provision shall be brought by the City of Tupelo. This
civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
b.
If construction, alteration, or relocation of any resource occurs without a certificate of

appropriateness, then the license of the company, individual, principal owner, or its or his
successor in interest performing such construction, alteration, or relocation shall be
revoked for a period of three (3) years.
c.
If demolition of a resource occurs without a certificate of appropriateness, then any permits

on subject property will be denied for a period of three (3) years. No permit will be issued
for any structure or structures proposed for the same parcel which would require a footprint
larger than the footprint of the demolished structure or structures. In addition, the owner
must rebuild on the site using as much of the original building material as possible, and in
general following the same form. In addition, unauthorized demolition of a portion of a
structure shall not serve as justification for a demolition permit whenever it can be shown
that restoration or rehabilitation would still be feasible. In addition, the applicant shall not be
entitled to have issued to him by any City of Tupelo office a permit allowing any curb cuts
on subject property for a period of three (3) years from and after the date of such
demolition.
d.
If a historic landmark or landmark site of statewide or national significance is demolished

without review and approval by a local historic preservation commission, no permit for any
construction on the parcel from which the landmark or landmark site has been removed
may be issued for a period of up to twenty-four (24) months.
e.
If demolition of a resource occurs without a certificate of appropriateness, then the license

of the company, individual, principal owner, or its or his successor in interest performing
such demolition shall be revoked for a period of five (5) years.
(2) Criminal penalty. Any persons, firm or corporation violating any provision of this ordinance shall
be guilty of a misdemeanor, and each shall be deemed guilty of a separate violation for each
Page 43
day during which any violation hereof is committed. Upon conviction, each violation shall be
fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). Each day
that a violation continues to exist shall constitute a separate offense.
(Ord. of 4-19-05(1), XV)

State Law reference Municipal penalties, MCA 1972, 21-13-1.
Sec. 2-146. - Appropriations.
The City of Tupelo is authorized to make appropriations to the commission necessary for the
expenses of the operation of the commission and may make additional amounts available as necessary
for the acquisition, restoration, preservation, operation, and management of historic properties.
(Ord. of 4-19-05(1), XVI)

Sec. 2-147. - Title to property acquired.
All property acquired by funds appropriated by the City of Tupelo shall be acquired in the name of
the City of Tupelo unless otherwise provided by the City of Tupelo. So long as owned by the City of
Tupelo, properties may be maintained by or under the supervision and control of the City of Tupelo.
However, all property acquired by the commission from funds other than those appropriated by the City of
Tupelo may be acquired and held in the name of the commission, the City of Tupelo, or both. Whenever
the commission shall hold title to properties in its own name, such properties shall be administered in
accordance with this and other City of Tupelo ordinances.
(Ord. of 4-19-05(1), XVII)

State Law reference Authority of municipality regarding real property, MCA 1972, 21-171.
Sec. 2-148. - Non-restrictive clause.
Nothing in this article shall be construed to prevent the regulation or acquisition of property, improved
or unimproved, by the State of Mississippi or any of its political subdivisions, agencies, or instrumentalities
or by the United States of America or any of its political subdivisions, agencies, or instrumentalities.
Furthermore, the City of Tupelo of hereby acknowledges that the Mississippi State Antiquities Law (MCA
1972, 39-7-1 et seq., as amended in 1983), provides for the sensitive treatment of publicly owned
property, improved or unimproved, shown to possess certain architectural, historical, or archaeological
significance, which are designed by the Board of Trustees of the Mississippi Department of Archives and
History as Mississippi Landmarks. Whenever the City of Tupelo proposes to rehabilitate, alter, or enlarge
a Mississippi Landmark (or proposes similar actions which would affect a Mississippi Landmark), the City
of Tupelo shall submit its plans to the Mississippi Department of Archives and History for review and
compliance.
(Ord. of 4-19-05(1), XVIII)

Sec. 2-149. - Disqualification of members by conflict of interests.
Because the City of Tupelo may possess few residents with "experience in the individual fields of
history, architecture, architectural history, archaeology, urban planning, law, or real estate," and in order
Page 44
not to impair such residents from practicing their trade for hire, members of the commission are allowed to
contract their services to an applicant for a certificate of appropriateness, and, when doing so, must
expressly disqualify themselves from the commission during all discussions for that application. In such
cases, the City of Tupelo shall, upon the request of the chairman of the commission or the vice-chairman
in his stead, appoint a substitute member who is qualified in the same field as the disqualified member,
and who will serve for that particular case only. If no qualified resident of the City of Tupelo is able to
substitute for the disqualified member, the City of Tupelo may appoint, in this case only, a qualified
substitute who is a resident of Mississippi but not a resident City of Tupelo. If any member of the
commission must be disqualified due to a conflict of interest on a regular and continuing basis, the
chairman or the vice-chairman, in his stead, shall encourage the member to resign his commission seat.
Failing this resignation, and, if the commission member continues to enter into conflict of interest
situations with the commission, the chairman or vice-chairman of the commission shall encourage the
City of Tupelo to replace the member. Likewise, any member of the commission who has an interest in
the property in question or in property within three hundred (300) feet of such a property, or who is
employed with a firm that has been hired to aid the applicant in any matter whatsoever, or who has any
proprietary, tenancy, or personal interest in a matter to be considered by the commission shall be
disqualified from participating in the consideration of any request for a certificate of appropriateness
involving such a property. In such cases, a qualified substitute shall be appointed as provided above.
(Ord. of 4-19-05(1), XIX)

ARTICLE VIII. - DRAINAGE TASK FORCE OVERSIGHT COMMITTEE
FOOTNOTE(S):
--- (4) --Editor's noteOrd. of 7-5-05(2), 17, did not specifically amend this Code. Hence, inclusion of said
ordinance provisions as 2-1712-177 was at the editor's discretion.
Sec. 2-171. - Establishment and appointment.

The Tupelo Drainage Task Force Oversight Committee is established and composed of thirteen (13)
members appointed by the mayor, subject to confirmation by the city council. In making the appointments,
the mayor may consider nominations made by each councilmember. Additionally, the Executive Director
of the Tombigbee Water Management District and the Chairman of the Town Creek Water Management
District shall be ex-officio members. All members of the committee will be residents of the City of Tupelo
and will serve on a volunteer basis.
(Ord. of 7-5-05(2), 1)
Sec. 2-172. - Terms of office.
Members will serve for staggered terms of one, two (2), or three (3) years or until their successors
are duly appointed and confirmed by the mayor and city council. The term assigned to each member shall
be determined randomly by straw, with four (4) members serving a 3-year term, five (5) members serving
a 2-year term, and four (4) members serving a 1-year term. If a member is re-appointed, said reappointment shall be for a three-year term.
Page 45
(Ord. of 7-5-05(2), 2)
confirm a successor in the manner provided in section 2-171 hereof to serve out the remainder of the
term for that post. No successor may vote on any committee matter until confirmed.
Any member who fails to attend four (4) consecutive regular meetings or who fails to attend five (5)
declared, unless a majority of the remaining members shall vote to reinstate such person within thirty (30)
The mayor may remove any member for malfeasance, non-feasance, or other good cause shown.
(Ord. of 7-5-05(2), 3)
Sec. 2-174. - Officers and committees.
The Drainage Task Force Oversight Committee shall elect a chairperson, a vice-chairperson, a
secretary and such other officers as needed from its membership. The chairperson shall preside at all
meetings and shall submit monthly reports to the mayor and city council. The chairperson shall serve from
year to year, subject to re-election by the members of the committee. Subcommittees may be created by
the committee as the plan requires.
(Ord. of 7-5-05(2), 4)
The committee shall hold a monthly meeting on the second Thursday of each month at the public
works department or as the committee may designate and at a regular time which the committee shall
establish. The meetings will be conducted according to Robert's Rules of Order. The committee may hold
special meetings by notice in call as provided in the laws governing municipalities and in accordance with
the Mississippi Open Meetings Law. A majority of all members shall constitute a quorum for the
transaction of business. Minutes of the meeting shall be submitted to the Tupelo City Council and the city
clerk shall keep said minutes as part of the official records of the City of Tupelo.
(Ord. of 7-5-05(2), 5)
The drainage task force oversight committee shall have three (3) primary duties and/or
responsibilities.
(1) Oversight function. The committee shall determine when drainage issues exist and recommend
to the council the most economically feasible manner of correcting drainage issues. The
committee shall also oversee the progress of all drainage projects. The project manager shall
update the committee at these meetings. The committee may call upon the project manager of
any drainage project, and any other city employee, contractor under bid, or engineer hired for
the project to provide information concerning the status of the project.
(2) Citizen impact. The committee shall be responsible for collecting information from the public
concerning any drainage problems. Monthly reports from the committee will be submitted to the
city council.
Page 46
(3) Fundraising function. The committee shall prepare and implement yearly, written strategies to
obtain additional funding for drainage projects from the following sources:
a.
Interlocal funds (county, other cities).
b.
State funds.
c.
Federal funds.
d.
Private foundation grants.
These fundraising strategies shall be presented to the city council for approval prior to the council's
first regular meeting in September or at such other times as such funds may become available.
(Ord. of 7-5-05(2), 6)
The director of the public works department is hereby designated as the administrator of this article
and shall have the primary responsibility for its implementation and operation. The director shall be
deemed as ex-officio member of the committee and shall maintain records, members, etc. On the
meetings and decisions of the committee.
(Ord. of 7-5-05(2), 7)
ARTICLE IX. - HOUSING COMMISSION
FOOTNOTE(S):
--- (5) --Editor's noteAn ordinance adopted Feb. 20, 2007, being not specifically amendatory of the Code, has
been included as art. IX, 2-1912-199, at the discretion of the editor.
Sec. 2-191. - Creation and Charter.

The City of Tupelo Commission on Housing is hereby established. The commission shall be
composed of eleven (11) members, nominated by the mayor and confirmed by the city council, whose
terms shall be staggered as provided herein. This ordinance shall be referred to as the "Tupelo
Commission on Housing Charter."
(Ord. of 2-20-07, 1)
The Tupelo Commission on Housing shall consist of eleven (11) commissioners, each of whom shall
be a resident of the City of Tupelo.
(Ord. of 2-20-07, 2)
Page 47
Sec. 2-193. - Appointments and terms of office.

The initial appointments to the commission shall be as follows:
(a) The commissioners for Post 1, Post 2, Post 3, and Post 4 shall be for a term of two (2) years
commencing January 1, 2007 and terminating on December 31, 2008.
(b) The commissioners for Post 5, Post 6 and Post 7 shall be for a term of three (3) years
(c) The commissioners for Post 8, Post 9, Post 10, and Post 11 shall be for a term of four (4) years
All succeeding appointments to the office of commissioner of the City of Tupelo Commission on
Housing shall be for a term of four (4) years, commencing on January 1 of the applicable year.
All commissioners shall serve until their successors are nominated and confirmed or they resign
or their terms are otherwise vacated as set out herein.
(Ord. of 2-20-07, 3)
Excluding the initial terms of less than four (4) years, no commissioner shall serve in that capacity for
more than two (2) consecutive four (4)-year terms.
(Ord. of 2-20-07, 4)
The officers of the commission shall be a chairman, a vice-chairman, a secretary and a treasurer,
which shall be elected by the commission on an annual basis for a one (1) year term. After the initial
election, the annual election shall be held at the regular meeting in September of each year and the
officers shall take office effective October 1 of each year.
(Ord. of 2-20-07, 5)
The commission shall hold a regular monthly meeting on the first Thursday of each month in the city
council room on the second floor of the Tupelo City Hall or at such times and places as the commission
may designate or establish. All meetings shall be conducted in accordance with Robert's Rules of Order.
The commission may also hold special meetings by notice as provided in the laws governing
municipalities and in accordance with the Mississippi Open Meetings Law. Six (6) commissioners shall
constitute a quorum for the transaction of business. Minutes of all meetings shall be submitted to the city
council and the city clerk shall keep said minutes as part of the official records of the City of Tupelo.
(Ord. of 2-20-07, 6)
Sec. 2-197. - Responsibilities.
The initial responsibilities of the commission shall be to review the complete report of the housing
task force and to make further recommendations to the city council as are determined within the
discretion of the commission. The commission, which shall report directly to the city council, shall provide
and facilitate and maintain the development of a successful housing strategy which shall be submitted to
Page 48
and will be subject to the approval of the Tupelo City Council and shall include innovative ways of
developing and maintaining desirable homes and preserving and creating great neighborhoods within the
City of Tupelo.
In addition, the initial responsibility of the commission shall be to research successful housing
programs and incorporate the best practices of said programs into a recommended local strategy and to
make recommendations as to the retention of a permanent director and/or staff and to make
recommendations as to a funding mechanism for the comprehensive, ongoing long-term viability of the
commission to the city council.
Once the initial recommendations have been made to the city council, the commission may also
determine whether or not additional responsibilities should be granted to the commission by the city
council and make a recommendation as to said responsibilities at that time.
(Ord. of 2-20-07, 7)
Annually (before September 1 of each year) the commission on housing shall prepare a proposed
budget in such form as required by the mayor and city clerk and the laws of the State of Mississippi which
shall be submitted to the city council for approval. All expenditures made by the commission shall be in
accord with the budget as approved by the council and in accord with state law.
(Ord. of 2-20-07, 8)
In the event any vacancy occurs for any reason on the commission, the mayor, subject to
confirmation by the council, shall appoint a successor to serve the remainder of the term so vacated.
Any commissioner who fails to attend three (3) consecutive regular meetings or fails to attend five (5)
regular or duly called special meetings in any one calendar year shall be automatically suspended and a
vacancy shall be declared unless four (4) of the remaining commissioners shall vote to reinstate such
commissioner within thirty (30) days after the vacancy is declared. The city council may, by two-thirds (2 /
3) majority vote, remove any commissioner for malfeasance, non-feasance or other good cause shown,
and in such event, any commissioner so removed may have the decision reviewed at a public hearing
before the city council.
(Ord. of 2-20-07, 9)
ARTICLE X. - QUALITY OF LIFE COMMITTEE
FOOTNOTE(S):
--- (6) --Editor's noteAn ordinance adopted February 5, 2008, did not specifically amend the Code. Therefore,
such ordinance has been added as 2-2262-235 at the editor's discretion.
Sec. 2-226. - Creation and Charter.
Page 49
The City of Tupelo Quality of Life Committee is hereby established. The committee shall be
composed of eleven (11) members, nominated by the mayor and confirmed by the city council, one (1)
member from each ward and four (4) members from at-large, whose terms shall be staggered as provided
herein. This article shall be referred to as the "Tupelo Quality of Life Committee."
(Ord. of 2-5-08, 1)
Sec. 2-227. - Commissioners.
The Tupelo Quality of Life Committee shall consist of eleven (11) commissioners, each of whom
shall be a resident of the City of Tupelo.
(Ord. of 2-5-08, 2)
Citizens of the City of Tupelo who are qualified electors shall be the only persons eligible for
appointment to and service on the Tupelo Quality of Life Committee. Committee members shall be
appointed by the mayor. The mayor, subject to confirmation by the council, shall appoint all committee
members.
(Ord. of 2-5-08, 3)
Sec. 2-229. - Appointments and terms of office.
The initial appointments to the committee shall be as follows:
(1) The committee members from Ward 1, Ward 2, and Ward 3 for a term commencing March 1,
2008 and terminating on December 31, 2009.
(2) The committee members from Ward 4, Ward 5, Ward 6, and Ward 7 for a term commencing
March 1, 2008 and terminating on December 31, 2010.
(3) The four committee members from at-large for a term commencing March 1, 2008 and
terminating on December 31, 2011.
All succeeding appointments to the office of committee member of the City of Tupelo Quality of Life
Committee shall be for a term of four (4) years, commencing on January 1 of the applicable year. All
committee members shall serve until their successors are appointed or they resign or their terms are
otherwise vacated as set out herein.
(Ord. of 2-5-08, 4)
Excluding the initial terms of less than four (4) years, no committee member shall serve in that
capacity for more than two (2) consecutive four-year terms.
(Ord. of 2-5-08, 5)
The officers of the committee shall be a chairman, a vice-chairman, a secretary and a treasurer,
which shall be elected by the committee on an annual basis for a one-year term. After the initial election,
Page 50
the annual election shall be held at the regular meeting in September of each year and the officers shall
take office effective October 1 of each year.
(Ord. of 2-5-08, 6)
The committee shall hold a regular monthly meeting on the first Wednesday of each month in the city
council room on the second floor of the Tupelo City Hall or at such times and places as the committee
may designate or establish. All meetings shall be conducted in accordance with Robert's Rules of Order.
The committee may also hold special meetings by notice as provided in the laws governing municipalities
and in accordance with the Mississippi Open Meetings Law. Six (6) committee members shall constitute a
quorum for the transaction of business. Minutes of all meetings shall be submitted to the city council and
the city clerk shall keep said minutes as part of the official records of the City of Tupelo.
(Ord. of 2-5-08, 7)
Sec. 2-233. - Responsibilities.
The initial responsibilities of the committee shall be to identify qualities that make Tupelo a desirable
place to live and to add qualities that complement the already existing qualities; to identify needs and
research ideas that the committee believes will add to the quality of life in Tupelo; to investigate projects
that have added to the quality of life in other communities; to seek grants and sources of funding for
projects; to verse work and construction projects; and to make further recommendations to the city council
as are determined within the discretion of the committee. The committee shall provide, facilitate and
maintain the development of a successful quality of life strategy which shall be submitted to and will be
subject to the approval of the Tupelo City Council and shall include innovate ways of attracting senior
citizens and young skilled workers to Tupelo and encourage Tupelo natives to continue to reside within
the City of Tupelo.
In addition, the initial responsibility of the committee shall be to research successful quality of life
programs and incorporate the best practices of said programs into a recommended local strategy and to
make recommendations as to a funding mechanism for the comprehensive, ongoing long-term viability of
the committee to the city council.
The committee shall cooperate in all respects with the appropriate city boards, commissions, offices,
and employees, including, but not limited to, the city council, the mayor, the planning and development
department, and other agencies of the city.
(Ord. of 2-5-08, 8)
Annually (before September 1 of each year) the quality of life committee shall prepare a proposed
budget in such form as required by the mayor and city clerk and the laws of the State of Mississippi which
shall be submitted to the city council for approval. All expenditures made by the committee shall be in
accord with the budget as approved by the council and in accord with state law. The committee is
responsible for seeking out grants and other means of funding in order to meet their proposed budget.
(Ord. of 2-5-08, 9)
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In the event any vacancy occurs for any reason on the committee, the mayor or council member
responsible for the vacant committee member position, shall appoint a successor to serve the remainder
of the term so vacated.
Any committee member who fails to attend three (3) consecutive regular meetings or fails to attend
five (5) regular or duly called special meetings in any one calendar year shall be automatically suspended
and a vacancy shall be declared unless four (4) of the remaining committee members shall vote to
reinstate such committee member within thirty (30) days after the vacancy is declared. The city council
may, by two-thirds (2/3) majority vote, remove any committee member for malfeasance, nonfeasance or
other good cause shown, and in such event, any committee member so removed may have the decision
reviewed at a public hearing before the city council.
(Ord. of 2-5-08, 10)

Chapter 3 - ADVERTISING
FOOTNOTE(S):
--- (1) --Cross reference Advertising at airports, 4-83; advertisement of alcoholic beverages restricted, 520; licenses and miscellaneous business regulations, Ch. 15
Sec. 3-1. - Placing or distribution of handbills on automobiles or on streets of the city.

(a) It shall be unlawful for any person to scatter or distribute on or along any public street or municipally
owned parking lot or to distribute or place or cause to be distributed or placed on or in any motor
vehicle on any public street or parking lot in the city any commercial literature, advertising material,
commercial handbill, or other advertising paper, posters or pamphlets on any utility poles; provided,
however, that nothing shall legally prevent an enforcing officer from attaching a violation notice on
any such motor vehicle; provided, further, that the provisions of this section shall not apply to the
advertising material of religious, fraternal, or charitable organizations.
(b) Any merchant who advertises goods, wares or merchandise by causing such advertising material to
be scattered or distributed on or along any public street or municipally owned parking lot or placed
on or fastened to a motor vehicle located in any public street or municipally owned parking lot in the
city shall be deemed equally guilty of violating the provisions of this section along with the person
actually placing such literature on such vehicle.
(Ord. of 4-5-60, 1, 2)
Sec. 3-2. - Advertisement prohibited on trees, poles.
It shall be unlawful for any person to post, paste or in any way attach or affix any bill, notice,
announcement or advertising matter to any tree located in any alley, street or other public place in the
city, or upon or to any pole used for telegraph, telephone, electric light or any other purpose as authorized
by the board of aldermen.
Sec. 3-3. - Advertisements prohibited on public property, improvements.
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It shall be unlawful for any person to paste, paint, place or fasten in any manner any advertising or
advertising matter onto any public sidewalk, curb or pavement, or onto any public buildings or other public
improvements or property within the city.

ARTICLE II. - SIGN CODE
FOOTNOTE(S):
--- (2) --Cross reference Buildings and building regulations, Ch. 7; streets, sidewalks and public places, Ch.
24; zoning, App. B.
DIVISION 1. - GENERALLY
Sec. 3-21. - Short title.

The short title of this article shall be the "Tupelo Sign Ordinance."
(Ord. of 11-15-88, 1.1)

Sec. 3-22. - Purpose.
(a) The purpose of this article is to establish standards and limitations for the fabrication, erection, use
and maintenance of signs, symbols, markings, and advertising devices within the city. These
regulations are designed to safeguard and enhance property values; to protect public and private
investments in buildings, open spaces and property; to preserve and improve the appearance of the
city as a place in which to live and to work; to preserve and enhance the attractiveness of the city to
nonresidents who come to the city to visit or to trade; to reduce public safety hazards caused by
signs which are improperly constructed or maintained; or which impair visibility or otherwise distract
the attention of motorists; and, in general, to promote the health, safety and welfare of the general
public.
(b) It is also intended that this article aid in the development and promotion of business and industry by
providing regulations that encourage aesthetic values, creativity, effectiveness and flexibility in the
design and use of signs without creating effects detrimental to the general public. While recognizing
the need for adequate business and noncommercial identification, advertising and communication,
this article requires that signs:
(1) Be compatible with their surroundings and in compliance with proper design and zoning
regulations;
(2) Be designed, installed and maintained to meet the needs of sign users while promoting the
environment desired by the general public;
(3) Be designed, constructed, installed and maintained in a manner that will not endanger the
public safety or create traffic hazards;
(4) Be legible and readable in the circumstances in which they are utilized; and
(5) Be respectful of the reasonable rights of other advertisers whose messages are displayed.
(Ord. of 11-15-88, 1.2)

Page 53
Sec. 3-23. - Scope.

(a) This article is enacted pursuant to authority granted to the city by MCA 1972, 21-17-1 and 17-1-3.
It shall apply to all signs erected after the effective date of the ordinance from which this article is
derived and to existing signs as specified in division 7 of this article.
(b) This article applies to signs which are intended to be viewed from a public right-of-way, such as
freeways, highways, roads, streets and alleys, and to signs which are intended to be viewed from
outdoor areas of public and private property used for public pedestrian purposes or vehicular access
to such property.
(c) This article prescribes definitions, regulations and standards, administration and procedures, permits
and payment of fees, and provides for penalties for violations. It regulates height, area, illumination
and other similar aspects of signs and sign structures.
(d) This article does not regulate the use of materials such as noncommercial holiday signs and
decorations; signs on products, product containers or dispensers; public information and safety
signs; any signs required by local, state or federal law; or building design exclusive of any
commercial message.
(Ord. of 11-15-88, 1.3)

Sec. 3-24. - Relationship to zoning ordinance and other regulations.
(a) The regulations contained in this article are supplemental to any other applicable federal, state or
local regulations which may be construed as pertaining to the erection and maintenance of signs and
sign structures. This specifically includes the zoning ordinance and all building and other
construction codes adopted by the city.
(b) Words and phrases contained in this article not specifically defined are to be construed in the context
of such other regulations. In the event of any conflict between these regulations and other such
regulations, the more stringent rule shall apply.
(c) All references in this article to zones, with regard to permitted uses or any other regulations in this
article, refer to the zones established by the zoning ordinance, as amended, and the zoning map, as
amended and on file at the city hall. Should any zoning classifications be added or changed, the
regulations of the most similar existing classification, as determined by the board of aldermen upon
consideration of the recommendations of the planning committee, shall apply until such time as this
article may be amended.
(Ord. of 11-15-88, 1.4)

Sec. 3-25. - Jurisdiction.
This article shall apply to all areas within the corporate boundaries of the city as prescribed by the
ordinances of the city. Should these corporate boundaries be expanded, this article shall apply
immediately to any annexed area. The city may, at its discretion, adopt a temporary land use plan for any
area so annexed to provide for the establishment of use zones to which this article shall apply.
(Ord. of 11-15-88, 1.5)

The following words and phrases, when used in this article, shall have the meanings respectively
ascribed to them:
Page 54
Awning means a structure made of cloth, metal or other material affixed to a building in such a
manner that the structure may be raised or retracted to a position against the building.
Banner and streamer means any sign intended to be hung from an existing structure, either with or
without frames, possessing characters, letters, illustrations, ornamentation or bright colors, and displayed
on fabric or other flexible materials.
Building frontage means the length in feet of that portion of a building which faces a public street.
Building sign means a sign attached to, supported by or painted on a building or other structure,
including wall signs, roof signs, awnings, canopy and marquee signs, hanging signs and projecting signs.
Canopy means a structure other than an awning made of cloth, metal or other material with frames
affixed to a building or carried by a frame which is supported by the ground.
Construction sign means a sign identifying individuals or companies involved in design, construction,
wrecking, financing or development when placed upon the premises where work is under construction
during allowable periods.
Directional or instructional sign means a sign, providing no advertising of any kind, which provides
direction or instruction to guide persons to facilities intended to serve the public, including but not
specifically limited to those signs identifying rest rooms, public telephones, public walkways, parking
areas, and other similar facilities.
Ground sign means an on-premises sign that is supported totally or partially by ground.
Lot means a parcel of land under separate ownership from adjoining property. Boundaries of parcels
or lots shall be assumed to coincide with those shown on the tax assessment rolls and maps of the city or
of the county, unless conclusive evidence to the contrary is presented.
Marquee means a permanent roof-like structure extending from part of the wall of a building, but not
supported by the ground, and constructed of durable material such as metal or glass.
Nonconforming sign means a sign which was in existence prior to the effective date of the ordinance
from which this article is derived and which does not comply with all of the terms of this article.
Off-premises sign or billboard means a sign which relates to a product, service, place, activity,
person, institution or solicitation conducted or located on premises other than those on which the sign is
located.
On-premises sign means a sign which relates to a product, service, place, activity, person, institution
or solicitation conducted or located on the same premises on which the sign is located.
Permanent sign means an on-premises sign which indicates an intended use as a permanent fixture.
Political sign means a temporary sign identifying a political candidate, issue or party.
Portable or trailer sign means a sign not permanently affixed to the ground, a building or other
structure, whether mounted on a frame, chassis, trailer or other movable structure that is not anchored to
a permanent foundation or structure. For purposes of this article, a portable or trailer sign is classified as
a ground sign.
Projecting sign means a sign which is affixed to a building or wall and which extends beyond the line
of such building or wall or beyond the surface of that portion of the building or wall to which it is affixed by
more than sixteen (16) inches.
Real estate sign means a sign which is used to offer for sale, lease or rent the premises upon which
such sign is placed.
Roof sign means a sign erected or maintained in whole or in part upon, against, or directly above the
roof or parapet line of a building or other structure.
Sign means any identification, description, illustration or device, illuminated or nonilluminated, which
is visible from any public place or which is located on private property and exposed to the public and
which directs attention to a product, service, place, activity, person, institution or solicitation, including any
Page 55
permanently installed or situated merchandise, or any emblem, banner, pennant, painting or placard
designed to advertise, identify or convey information visually. For the purpose of removal, signs shall also
include all sign structures.
Sign area or size means the total area of the space enclosed by one (1) continuous line, connecting
the extreme points or edges of a sign. This does not include the main supporting sign structure, but does
include all other ornamental attachments, inner connecting links and general background. Sign area for a
double-faced sign shall consist of only the area of one (1) face.
Sign structure means any structure which supports, has supported or is capable of supporting a sign,
including decorative cover.
Street frontage means the length in feet of that portion of a lot which borders on a public street or
alley and includes the length of frontage of both streets for corner lots.
Temporary sign means a nonpermanent sign which is erected, affixed or maintained on a premises
for a specified period of time, usually of relatively short duration.
Wall sign means a sign attached directly to, placed upon, or painted upon an exterior wall of a
building or other structure or dependent upon a building or other structure for support with the exposed
face of the sign located in a place substantially parallel to such exterior building wall to which the sign is
attached or supported by.
Window sign means a sign attached to, placed upon or painted on the interior of a window or door of
a building or in close proximity to such a window or door, which is intended for viewing from the exterior of
such building.
(Ord. of 11-15-88, 2)
Sec. 3-27. - Exempt signs.
The following types of signs are exempted from all provisions of this article:
(1) Public signs. Signs erected by or on the order of a public officer in the performance of his public
duty, such as safety signs, danger signs, traffic and other regulatory signs, and other
informational signs.
(2) Historical markers. Historical markers or memorials as approved and recognized pursuant to the
lawful act of any local, state or federal authorities.
(Ord. of 11-15-88, 7)
Sec. 3-28. - Prohibited signs.
The following types of signs are prohibited under the provisions of this article:
(1) Flashing lights or other distracting illumination.
a.
No sign shall consist of or display, in whole or in part, any flashing lights or other
illuminating devices which change in intensity, brightness or color.
b.
The light for or from any illuminated sign shall be so shaded, shielded, or directed that the
light intensity shall not be objectionable to surrounding areas and shall not cause
unnecessary glare to be directed toward traffic lanes.
Page 56
(2) Resemblance to traffic signs. No sign shall resemble or conflict with any traffic-control device or
sign, or contain the words "stop," "caution," "go slow," "danger," "warning" or any similar words
or phrases that may be construed to misdirect or confuse traffic flow.
(3) Vehicle signs. No sign shall be attached to, suspended from or painted upon any vehicle or
trailer which is regularly parked on any street, or on any private property which is visible from
any street, which is designed to serve the purposes of a sign as defined in this article. This
prohibition shall not apply to vehicles or trailers utilized on a regular basis for deliveries,
maintenance and related business purposes, or to a single sign not exceeding two (2) square
feet displayed on or within a vehicle advertising the availability of the vehicle for sale.
(4) Flags. Decorative flags, emblems and insignia utilized for the purposes of a sign as defined by
this article are prohibited.
(5) Prohibited locations. No signs otherwise permitted by this article shall be placed on any public
property, including, but not limited to, utility poles, fences or trees, or within any street or other
public right-of-way.
(6) General prohibited signs. All other signs not specifically allowed by this article are prohibited,
unless a special exception for their use can be secured in accordance with section 3-48 of this
article.
(Ord. of 11-15-88, 8)
DIVISION 2. - ADMINISTRATION AND ENFORCEMENT

(a) The department of planning and community development is hereby designated as the administrator
of this article, and shall have the primary responsibility for its implementation and enforcement. Any
references herein to the "administrator" shall refer to this department and its employees, individually
and collectively. Specific job duties with respect to this article may be assigned by the director of the
department.
(b) Should this department be reorganized, altered, or abolished, the responsibility for implementation
and enforcement of this article shall pass to that department or office within the city that enforces and
administers the zoning and building regulations of the city or, in the absence of such an office, to the
office of the mayor.
(Ord. of 11-15-88, 3.1)

Sec. 3-47. - Permits and fees.
(a) No sign shall be erected, replaced, altered so as to change its overall dimensions or design, or
relocated within the city without a permit first being obtained and the required fee paid, unless
specifically exempted herein. Permits shall also be required for the modification, alteration or
maintenance of signs when:
(1) The nature or name of the business which the sign advertises is changed and the sign is to be
changed or modified either in shape, size or message.
(2) The sign is damaged by any means to the extent of more than fifty (50) percent of its
replacement cost at the time of the damage.
Page 57
(b) Applications for permits, where required, shall be on forms provided by the administrator. The
administrator, in addition to the application form, may require the submission of drawings,
photographs, specifications or any other information required to determine compliance of proposed
signs with this article.
(c) Fees for permits, as well as other activities of the administrator in enforcing this article, shall be set
by the board of aldermen. A schedule of fees shall be posted in the office of the administrator, and
published one (1) time in a newspaper of general circulation in the city.
(d) Permits issued pursuant to this article shall expire six (6) months from the date of issuance, unless
the activities authorized by the permit are initiated within that time.
(Ord. of 11-15-88, 3.2)

Sec. 3-48. - Variances and special exceptions.
(a) Applications for variances and special exceptions shall be made on forms provided by the
administrator and must be accompanied by the required fee. Such applications will be heard by the
board of adjustments, pursuant to article X of the zoning ordinance, which will make
recommendations regarding applications to the board of aldermen. All procedures and regulations in
article X of the zoning ordinance will apply to applications under this section of this article.
(b) Special exceptions for a use not permitted in the zoning district where the property is located shall be
granted only upon a showing by the applicant that such an exception shall not substantially increase
traffic hazards or congestion, substantially increase fire or other safety hazards, adversely affect the
character of the neighborhood, adversely affect the general welfare of the city or overtax public
utilities or other community facilities.
(c) Variances from the terms of this article with regard to such requirements as number, separation,
size, height, density and setbacks shall be granted only upon a showing by the applicant that such
variances shall not be contrary to the public interest, that special conditions and circumstances exist
peculiar to the land, structure or property that are not the result of actions by the applicant, and that a
literal enforcement of this article would result in an unnecessary hardship on the applicant.
(Ord. of 11-15-88, 3.3)

Sec. 3-49. - Appeals of administrative actions.
(a) Any person injured or aggrieved by any interpretation of this article or other action by the
administrator in the implementation and enforcement of this article may appeal such interpretation or
action for a ruling by the board of adjustments. The appeal shall be made in writing by presenting to
the administrator during business hours a summary of facts with regard to such interpretation or
action and how such action has injured or aggrieved the appellant.
(b) All such appeals received by the administrator shall be placed on the agenda of the board of
adjustments according to the policies and procedures established by the administrator and the board
of adjustments. The board of adjustments shall hear all facts concerning the issues raised by the
appellant and make findings concerning the lawfulness and appropriateness of the administrator's
action. The board shall review only those issues presented by the appellant, and the appellant shall
have the burden of proof to show that the actions of the administrator are unlawful or improper.
(c) The findings of the board of adjustments shall be conclusive as to all material issues of fact. The
appellant may further appeal any findings of the board of adjustments to the board of aldermen by
filing a notice of appeal, on forms provided by the administrator, in the office of the administrator by
noon on the second working day following such findings by the board of adjustments. The
administrator, upon receipt of such a notice of appeal, shall prepare a statement of facts and findings
Page 58
for the board of aldermen, which must be signed by the administrator and the presiding officer of the
board of adjustments.
(Ord. of 11-15-88, 3.4)

Sec. 3-50. - Violations and penalties.
(a) Violations of this article shall constitute a misdemeanor, and shall be punishable as provided in
section 1-8 of this Code. The administrator shall have the power to recommend to the municipal
court a schedule of proposed penalties for various offenses.
(b) Continuance of a specific violation for each separate day shall constitute a separate offense.
(c) A penalty equal to the fee normally imposed for a permit pursuant to this article shall be imposed on
applicants for permits who file applications after work being applied for has been initiated. This
penalty shall be assessed in addition to any other liabilities the applicants may incur.
(d) Persons owning, leasing, renting or otherwise in possession of property upon which a violation of this
article occurs, as well as those physically causing the violation to occur, whether by placing, erecting,
modifying or otherwise altering a sign, shall be held jointly and severally liable for the violation.
(Ord. of 11-15-88, 3.5)

Sec. 3-51. - Citation powers.
(a) The administrator shall have the power and authority to issue summonses returnable to the
municipal court or to any other proper authority for violations of this article. Such summonses shall
have the same full force and effect as if issued by the police department. Summonses may be issued
by personal service upon those in violation of this article or by mailing a copy by registered mail to
those in violation of this article.
(b) The administrator may develop and utilize such forms as may be required and necessary to
implement these powers and actively enforce this article.
(Ord. of 11-15-88, 3.6)

DIVISION 3. - CONSTRUCTION AND MAINTENANCE REQUIREMENTS
Sec. 3-66. - Construction and compliance with codes.

(a) All signs, regardless of whether a permit is required for such signs, shall comply with all the pertinent
requirements of the building code and other construction codes adopted and in effect in the city.
(b) No sign shall be erected, constructed or maintained so as to obstruct any fire escape, fire hydrant,
required exit, window, door or wall opening intended as a means of ingress or egress or so as to
interfere with any opening required for ventilation.
(c) All signs and their supporting structures shall maintain clearance and noninterference with all surface
and underground facilities and conduits for water, sewage, gas, electricity or communications
equipment or lines and shall not be placed so as to interfere with natural or artificial drainage or
surface or underground water.
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(d) No sign shall be erected, constructed or maintained so as to interfere with any existing warning or
instructional sign.
(Ord. of 11-15-88, 4.1)

Sec. 3-67. - General maintenance of signs and premises.
(a) All signs and components thereof shall be maintained in a safe, neat, clean, attractive and
structurally sound condition. All signs shall be kept neatly painted, including all metal parts and
supports thereof that are not galvanized or of rust-resistant material.
(b) The administrator or his authorized representative shall have the authority to inspect all signs and
order the painting, repair, alteration or removal of a sign which shall constitute a hazard to the health,
safety, or general welfare of the public by reason of inadequate maintenance, dilapidation or
obsolescence.
(Ord. of 11-15-88, 4.2)

Sec. 3-68. - Glass and other breakable materials.
All signs constructed in whole or in part with glass, plastic or other breakable materials which shall
suffer any breakage, whether from natural or other causes, shall be repaired by the owner of the
premises on which the sign is located within a period of thirty (30) days from the time the breakage
occurs. Additional periods of time for repairs may be granted by the administrator, provided such
extensions are requested in writing and the administrator finds that such extensions would not defeat the
basic purposes of this article.
(Ord. of 11-15-88, 4.3)

Sec. 3-69. - Billboards.
(a) Notwithstanding other requirements of this division, billboards with paper copy (poster) which is torn,
peeling, or faded shall be replaced or removed.
(b) All billboards shall be constructed of galvanized steel or other metal treated to prevent rust and shall
have facings of noncombustible materials. Combustible trim, however, may be utilized thereon.
(Ord. of 11-15-88, 4.4)

Sec. 3-70. - Electrical signs.
(a) Electrical signs shall comply with the electrical code adopted by the city. In particular, extension
cords shall not be used except in accordance with such code. Clearance from all electrical power
lines shall be in accordance with the requirements of the water and light department.
(b) All electric portable signs shall bear the approval of Underwriters' Laboratories, Inc.
(Ord. of 11-15-88, 4.5)

Sec. 3-71. - Visibility requirements.
No sign shall be erected or placed in such a manner as to impair visibility of any motorist.
Page 60
(Ord. of 11-15-88, 4.6)

Sec. 3-72. - Abandoned signs.
(a) Any sign that is located on property that becomes vacant and is unoccupied for a period of three (3)
months or more, or any sign that pertains to a time, event, or purpose which no longer applies shall
be deemed to have been abandoned.
(b) Signs applicable to a business temporarily suspended because of a change of ownership or
management of such business shall not be deemed abandoned unless the property remains vacant
for a period of six (6) months or more.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, any sign that fails to meet
the construction and maintenance requirements of this article shall be deemed to be abandoned and
subject to removal if any such deficiencies are not corrected within thirty (30) days after a written
notice from the administrator to the owner or tenant concerning the deficiencies. The administrator
shall have the discretion to grant an additional thirty (30) days for the required improvements to be
made, provided substantial progress is being made to correct the deficiencies and a written request
for such an extension is received at least five (5) working days before the end of the original notice
period.
(d) Signs which are found to be in violation of this section shall be removed by the owner of the sign or
owner or tenant of the premises immediately upon written notice by the administrator that the sign
does not comply with the terms of this section. Any such signs not removed within thirty (30) days
from this written notice may be removed by the city and all costs charged to the owner, agent or
person having the beneficial interest in the building or premises upon which such signs are located
or in the sign itself.
(Ord. of 11-15-88, 4.7)

DIVISION 4. - PERMANENT SIGNS
Sec. 3-86. - Applicability.

This division shall apply to all permanent on-premises signs, unless specifically excluded herein or in
other sections of this article.
(Ord. of 11-15-88, 5.1)

Sec. 3-87. - Ground signs.
(a) Number. A maximum of one (1) ground sign shall be allowed per business.
(b) Separation. Each ground sign shall be located a minimum of one hundred (100) feet from all other
ground signs on the same side of a street. This separation requirement may be waived by the
administrator upon a written finding that a proposed sign cannot physically meet this requirement
solely due to the location of existing signs on separate but adjoining lots, provided that all other
requirements of this article are met and the proposed sign is located as remotely from adjacent signs
as possible. This waiver shall not apply when the existing sign is on the same lot as the proposed
sign. In this case, a directory sign is recommended.
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(c) Setbacks.
(1) All ground signs shall be a minimum of fifteen (15) feet from the edge of any curb or street upon
which they are located.
(2) No ground sign shall be placed within or project over the right-of-way of any street.
(3) Ground signs shall be set back a sufficient distance from side lot lines so as to allow placement
of ground signs on adjoining lots that would meet the separation requirements in subsection (b)
above.
(d) Size and height restrictions.
(1) A-O, R-1, R-2 and R-3 zones. Grounds signs shall not exceed thirty-six (36) square feet in size.
Ground signs shall not exceed fifteen (15) feet in height.
(2) B-3 zones. Ground signs shall not exceed fifty (50) square feet in size. Ground signs shall not
exceed twenty (20) feet in height.
(3) B-2, B-4 and M-1, I-1 and I-2 zones. Ground signs shall not exceed one hundred (100) square
feet in size. Ground signs shall not exceed twenty-five (25) feet in height.
(e) Other restrictions.
(1) No ground sign shall be allowed in a B-1 zone.
(2) All ground signs shall conform to construction and maintenance standards specified in this
article.
(3) For ground signs with more than two (2) faces, the maximum size of the largest face shall not
exceed seventy-five (75) percent the maximum sign size for the zones specified in subsection
(d) above.
(Ord. of 11-15-88, 5.2)

Sec. 3-88. - Building signs.
(a) Wall signs. Wall signs are allowed in all zones. A banner is allowed as a permanent wall sign,
provided it is properly secured in a manner that holds the banner flat against the building wall at all
times. Banners are not allowed on a permanent basis as wall signs unless attached to the primary
building structure in the manner indicated herein.
(b) Roof, awning, canopy and marquee signs. Roof, awning, canopy and marquee signs are allowed in
all zones, provided that they do not extend above the peak of the roof, awning, canopy or marquee
on which they are erected.
(c) Hanging signs. Signs which hang from and under awnings, canopies, marquees or other structures
are allowable in all zones, provided they extend no closer than eight (8) feet to the ground and do
not exceed fifty (50) square feet in size.
(d) Projecting signs. Projecting signs are allowable in all zones, provided that such signs shall not
project from any structure into any yard area by more that ten (10) feet, nor to within three (3) feet of
any curbline, shall not exceed fifty (50) square feet in size, and shall be at least eight (8) feet above
ground level.
(e) Total signage area allowed. Notwithstanding other provisions of this article, the total area allowable
for all building signs, for each building, shall be:
(1) One (1) square foot for each foot of building frontage;
(2) An additional one (1) square foot for each two (2) feet for which a building is set back beyond
those setbacks required by the zoning ordinance;
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(3) Notwithstanding these provisions, a maximum of two (2) square feet for each foot of building
frontage;
(4) For multitenant buildings, the total area as specified above, distributed among each business
therein according to the percentage of frontage occupied by each business.
(f)
Other restrictions. All building signs shall be securely mounted to or against the wall, mansard roof,
fence or other structure to which they are attached and shall meet all other requirements of this
article.
(Ord. of 11-15-88, 5.3)

Sec. 3-89. - Miscellaneous signs.
The following types of signs are allowed in all zones, in addition to any other allowable permanent
signs, subject to the restrictions shown below:
(1) Directional and instructional signs.Signs which provide directions and instructions for the
general public, including entrance and exit signs, provided such signs do not exceed eight (8)
square feet in size or five (5) feet in height.
(2) Menu signs. Signs at drive-through windows or restaurants or other food service
establishments, provided that such signs shall not exceed thirty (30) square feet in size and
shall not be located in any front yard.
(3) Name and address signs. Name and address signs mounted on buildings or mailboxes,
provided such signs do not exceed two (2) square feet in size.
(4) Interior signs. Signs completely within the premises of any building, provided such signs are not
attached to or painted on windows or exterior doors of the structure.
(5) Window signs. Window signs, whether painted on or attached to windows of a structure,
provided the total area of any such signs does not exceed thirty (30) percent of the window area
in any single window.
(6) Incidental signs. Signs such as credit card, rest room, public telephone and other such signs
displayed primarily for the convenience or information of the general public, provided such signs
are securely attached to a building or other permanent structure and do not exceed four (4)
square feet in size.
(7) Public notice bulletin boards. Signs and bulletin boards that provide general information to the
public concerning affairs of general interest to the community as a whole, provided such signs
do not exceed twenty (20) square feet in size.
(8) No trespassing/dumping signs. Signs posting private property against trespassing or dumping
or for other lawful reasons, provided such signs shall not exceed twenty (20) square feet in size.
(9) Home occupation signs. Signs which identify home occupations approved by the city pursuant
to the zoning ordinance, provided such signs comply with all regulations of the zoning
ordinance.
(10) Gasoline price signs. Signs advertising the price of gasoline, provided such signs shall not
exceed fifteen (15) square feet in size.
(11) Setbacks. No miscellaneous sign shall extend within or over any street right-of-way, or be
located within fifteen (15) feet of any curbline or street edge.
(12) Permits not required. Miscellaneous signs shall not be subject to the permit requirements of this
article.
(Ord. of 11-15-88, 5.4)
Page 63

DIVISION 5. - TEMPORARY SIGNS
Sec. 3-106. - Signs requiring permits.

The following temporary signs are allowable, within the stated restrictions, provided permits are
obtained for their construction, erection or placement:
(1) Banners and streamers.Banners and/or streamers are allowable for a total of two (2) periods of
two (2) weeks in duration per year for each business or location, and these periods may be
consecutive. Banners shall not exceed seventy-five (75) square feet in size. Banners or
streamers shall not be located within twenty (20) feet of any street. A permit issued for either
banners or streamers shall be deemed as allowing either or both uses.
(2) Street banners. Street banners are allowable only for official, civic, or philanthropic parades,
festivals or events and shall not be erected more than two (2) weeks in advance of such event
and shall be removed within three (3) days after such event. Street banners shall not exceed
one hundred twenty-five (125) square feet in size.
(Ord. of 11-15-88, 6.1)

Sec. 3-107. - Signs not requiring permits.
The following temporary signs are allowable, without requiring permits, provided the stated
restrictions are met:
(1) Real estate signs.Real estate signs shall not exceed ten (10) square feet in size or five (5) feet
in height in residential zones and shall not exceed seventy-five (75) square feet in size or fifteen
(15) feet in height in all other zones. All real estate signs shall be removed within seven (7) days
after the closing of the sale, lease or rental of the premises or as determined by the
administrator for multiple lease or rental spaces in a single project.
(2) Construction and development signs. Construction and development signs shall not exceed one
hundred (100) feet of total signage area per construction project or development. Such signs
shall be removed within one (1) week of the substantial completion of the project or the
installation of any permanent sign.
(3) Carport and yard sale signs. Signs advertising carport or yard sales shall not exceed eight (8)
square feet in size or four (4) feet in height. Such signs shall be placed not more than one (1)
day in advance of the sale and shall be removed within one (1) day of the completion of the
sale.
(4) Political signs. Signs advertising political candidates, referenda and similar issues shall not be
placed or erected more than six (6) months in advance of any election and shall be removed
within five (5) days after the election.
(5) Public and semipublic signs. Signs advertising public and semipublic affairs such as civic,
school, church, and similar affairs and events are allowable, provided they do not exceed
twenty-five (25) square feet in size or ten (10) feet in height, and are placed a minimum of
twenty (20) feet from any street and outside of any right-of-way. Such signs shall be placed a
maximum of ten (10) days in advance of the event advertised and shall be removed within one
(1) day of the completion of the event advertised. Not more than one (1) such sign shall be
approved per parcel of land.
Page 64
(Ord. of 11-15-88, 6.2)

Sec. 3-108. - Other general restrictions and provisions.
(a) No temporary sign described in section 3-106 or described in section 3-107, when located in a
nonresidential zone, shall be placed or erected:
(1) Within the right-of-way of any street or within fifteen (15) feet of any curbline or street edge;
(2) Within thirty-five (35) feet of any curbline or street edge, when located within fifty (50) feet of any
street intersection;
(3) Within twenty-five (25) feet of any fire hydrant.
(b) No temporary sign described in section 3-106 shall be placed or erected within any residential or B-1
zone, except for public and semipublic uses that otherwise conform to this article.
(c) No temporary sign described in section 3-107 and located within a residential zone shall be placed or
erected within the right-of-way of any street or public roadway. The administrator may require an
additional setback if required to meet visibility or other safety requirements of this article.
(d) The requirements of subsections (a)(1) and (a)(2) of this section may be waived by the administrator
upon a written finding that a proposed sign cannot physically meet these requirements solely due to
the location of existing primary structures, provided that all other requirements of this article are met
and the proposed sign is located as remotely from the curb or street edge as possible.
(Ord. of 11-15-88, 6.3)

DIVISION 6. - BILLBOARDS
Sec. 3-126. - Allowable zones/areas.

Billboards shall be allowed in B-4, I-1, and I-2 zones.
(Ord. of 11-15-88, 9.1)

Sec. 3-127. - Size.
Billboards shall not exceed four hundred (400) square feet in size.
(Ord. of 11-15-88, 9.2)

Sec. 3-128. - Height.
Billboards shall not exceed thirty-five (35) feet in height as measured from ground level to the highest
point of the sign.
(Ord. of 11-15-88, 9.3)

Sec. 3-129. - Setback.
Page 65
The front building setback, as required by the zoning ordinance, shall also apply to billboards.
(Ord. of 11-15-88, 9.4)

Sec. 3-130. - Separation.
Billboards in B-4, I-1 and I-2 zones shall be separated from all other billboards by a minimum
distance of five hundred (500) feet. This distance shall apply in all directions, including across any street.
(Ord. of 11-15-88, 9.5)

Sec. 3-131. - Density.
The maximum lot coverage provisions of the zoning ordinance, expressed in terms of percentage of
the lot allowed to be covered by buildings, shall apply to the erection of billboards in the same manner
such provisions apply to the construction of additional buildings on the lot. No billboard shall be erected
on any lot which already exceeds the maximum lot coverage provisions. The area to be covered by the
billboard shall not be included in the calculation of lot area covered.
(Ord. of 11-15-88, 9.6)

Sec. 3-132. - Other restrictions.
(a) Billboards shall be detached from all other structures and shall not be erected on the roof or any
other part of a building.
(b) V-type or back-to-back billboards shall be allowed and shall be considered as one (1) billboard,
provided the nearest points of the individual sides of the structure are no more than five (5) feet
apart.
(Ord. of 11-15-88, 9.7)

DIVISION 7. - NONCONFORMING SIGNS
Sec. 3-146. - Removal.

All nonconforming on-premises signs shall be modified to conform to this article or shall be removed
in accordance with the following schedule:
Prohibited signs with a replacement cost of less than $1,000.00
3
months
Illegal signs
3
months
Page 66
On-premises signs other than prohibited and illegal signs with a replacement cost less than
$1,000.00
1 year
Flags, streamers, prohibited signs with a value of $1,000.00 or more and all other signs, see
section 3-147
(Ord. of 11-15-88, 10.1; Ord. of 3-7-89, 1(10.1); Ord. of 4-4-89, 1(10.1))

Sec. 3-147. - Removal of all other signs.
All nonconforming on-premises signs other than those listed in section 3-146 shall be modified to
conform to the provisions of this article or shall otherwise be removed from the property where:
(1) The nature or name of the business which the sign advertises is changed and the sign is to be
changed or modified either in shape, size or message;
(2) The sign is damaged by any means to the extent of more than fifty (50) percent of its
replacement cost at the time of the damage.

Sec. 3-148. - Increase in nonconformity prohibited.
No nonconforming sign shall be enlarged or altered in any way which increases its nonconformity to
any provisions of this article.

Sec. 3-149. - Illegal signs.
Signs which were in place on the effective date of the ordinance from which this article is derived and
which do not conform to the terms of this article, which signs were also in violation of the previous sign
ordinance of the city at the time they were erected, shall not be classified as nonconforming signs and
shall be removed immediately.
(Ord. of 11-15-88, 10; Ord. of 3-7-89, 1(10.4); Ord. of 4-4-89, 1(10.4))

Sec. 3-150. - Administrative process.
(a) Upon the enactment of the ordinance from which this article was derived, the administrator shall
perform a survey or inventory or existing signs within the city. The survey shall list all signs located
within the city by location and type of sign. All signs that are nonconforming in any manner shall be
listed, along with the conditions or facts which establish such nonconforming status.
(b) A copy of this inventory shall be signed by the administrator or his designated representative and
given to the owner or tenant of the premises upon the completion of the inventory. If such owner or
tenant cannot be located, the copy shall be mailed to the address shown for the premises on the
Page 67
city's tax rolls. Delivery or mailing of the copy shall constitute notice to the owner or tenant of such
nonconforming signs.
(c) Unless contested within thirty (30) days of the date of the notice, this inventory will be presumed to
be valid both as to the accuracy of the number, type and location of signs as well as to the
nonconforming status of any such signs. The inventory and notice may be contested by filing a
written notice of appeal as provided in section 3-49 of this article.

Chapter 4 - AIRPORT
FOOTNOTE(S):
--- (1) --Cross reference Zoning regulations generally, App. B.

State Law reference Municipal Airport Law, MCA 1972, 61-5-1 et seq.; Airport Zoning Law, MCA
1972, 61-7-1 et seq.

ARTICLE II. - ZONING REGULATIONS
FOOTNOTE(S):
--- (2) --Editor's noteFormer 4-164-27, relative to airport zoning and derived from an ordinance adopted
Oct. 1, 1957, have been deleted at the direction of the city as superseded by the implementation of the
City of Tupelo's comprehensive zoning ordinance, set out in this volume as Appendix B.

ARTICLE III. - AIRPORT RULES AND REGULATIONS
FOOTNOTE(S):
--- (3) --Cross reference Administration, Ch. 2; advertising, Ch. 3; sign code, 3-21 et seq.; alcoholic
beverages, Ch. 5; animals and fowl, Ch. 6; buildings and building regulations, Ch. 7; fire prevention and
protection, Ch. 10; fire prevention code, 10-1 et seq.; garbage, trash and refuse, Ch. 12; health and
sanitation, Ch. 13; littering, 13-36 et seq.; licenses and miscellaneous business regulations, Ch. 15;
motor vehicles and traffic, Ch. 17; municipal court, Ch. 18; police, Ch. 22, street, sidewalks and public
places, Ch. 24; utilities, Ch. 26; vehicles for hire, Ch. 27
Page 68

The following words and phrases, when used in this article, shall, for the purpose of this article, have
the meanings respectively ascribed to them as follows:
ACMmeans the then-current FAA-approved "Airport Certification Manual for Tupelo Municipal
Airport" in compliance with FAR Part 139.
Aerobatic means intentional aircraft maneuvers involving abrupt change in altitude, abnormal attitude
or abnormal acceleration.
Aeronautical activity means any activity which involves, makes possible or is required for the
operation of aircraft or which contributes to or is required for the safety of such operations, to include, but
not limited to: air taxi and charter operation, scheduled or nonscheduled air carrier services, pilot training,
aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft
sales, aircraft maintenance, aircraft servicing, aircraft parking and storage, sales of aviation petroleum
products, and sale of aircraft parts.
AIM means the then-current FAA "Airman's Information Manual."
Aircraft means any apparatus now known or invented in the future for flight.
Aircraft operation means any aircraft arrival or departure from the airport.
Aircraft owner means a person to whom the aircraft is registered or a person who exercises the full
incidents of ownership under a longterm lease agreement.
Airport means and have reference to all areas comprising the Tupelo Municipal Airport that now exist
or may hereafter be expanded, together with their appurtenant facilities.
Airport authority, also authority, mean the five (5) commissioners appointed by the city to exercise its
functions under the provisions of the Mississippi Airport Authorities Law, MCA 1972 Title 61, as amended,
with regard to the Tupelo Municipal Airport.
Airport layout plan (ALP) means the FAA-approved chart identifying the location for various uses and
facilities on the airport.
Airport manager means the director or other person appointed by the authority to be responsible for
the operation, management and maintenance of the airport and all facilities and equipment in connection
therewith, and for the enforcement of airport leases, rules, policies and ordinances.
Airport operating area and AOA mean that area of the airport inside security fencing encompassing
aircraft and aircraft support operations.
Apron means the paved areas surrounding buildings to which aircraft have access.
City means and have reference to the City of Tupelo, an incorporated Mississippi municipality.
City fire marshall means any city official assigned to identify and correct fire code violations.
Commercial activities means any nonaeronautical activity or business engaged in for compensation
or hire.
Commercial fuel sales means all fuel dispensed by anyone other than an aircraft owner or his or her
employees into the aircraft owner's own aircraft.
Commercial operations means aeronautical operations performed for compensation or hire.
Concession means a commercial activity operated on the airport with a negotiated fee schedule.
FAA means the Federal Aviation Administration.
Page 69
FAR means Federal Aviation Regulations.

Fixed Base Operator (FBO) means any person who performs aviation services including, but not
limited to, any two (2) or more of the following: aviation fuel and oil sales; ramp parking, aircraft tiedown
and storage; aircraft avionics sale, maintenance, service or repairs; flight instruction; and aircraft rental,
charter or taxi service. (See also sections 4-171 through 4-173 of this chapter.)
Flammables mean any material that has a flash point at or below one hundred (100) degrees
Fahrenheit.
Flying club means three (3) or more persons jointly owning or leasing one (1) or more aircraft where
payment is made to the club for the operating time of the aircraft.
Fuel farm means one (1) or more fuel storage tanks and associated pumps, piping and dispensing
equipment.
Fuel handling means the transportation, delivery, fueling, defueling, draining or transfer of any
aircraft fuel.
Fuel handling equipment means vehicles and equipment used for fueling or defueling aircraft or
vehicles, including that which is attached to the basic equipment unit.
General aviationincludes all types of aviation other than military aviation and air carrier operations.
Ground transportation means transportation for hire or compensation to or from the airport.
Hazardous and toxic materials includes petroleum products, pesticides, solvents, paint, explosives,
flammables, and any other substance that requires special handling under any federal, state or local
environmental safety and health regulations.
NFPA means the National Fire Protection Association.
National testing laboratory includes the National Fire Protection Association, Underwriter's
Laboratory and similar organizations that develop professional standards for fueling equipment.
Person means and includes a natural person, partnership, firm, association or corporation or any
other form of business or other entity.
Public safety officer means those uniformed authority employees acting as the airport manager's
representatives for monitoring and enforcing airport safety and regulations.
Professional skills means any skill obtained after special study, or the use of which requires a license
under FAA regulations or federal, state or local law.
Ramp means the paved area of the airport normally used for aircraft parking, loading, refueling and
maintenance.
Runup means engine acceleration above idle or taxi speed to test its functions while the aircraft is
stationary.
Runway means the paved area designated for the landing and takeoff of aircraft.
Service equipment means devices designed for aircraft servicing or other airport functions or devices
regularly used at the airport.
Taxiway means paved paths designated for taxiing of aircraft from one (1) part of the airport to
another.
(Ord. of 5-8-90, 1)
Sec. 4-42. - Scope.
All persons at the airport shall be governed by this article. For any emergency contingencies not
covered by this article, the airport manager is authorized to establish such additional temporary provisions
Page 70
as may be necessary to ensure safety at the airport, such temporary provisions to be considered at the
next regular meeting of the authority.
(Ord. of 5-8-90, 2)
State Law reference Municipal authority to adopt zoning regulations applicable to airports,
MCA 1972, 61-7-7; procedure for promulgation, MCA 1972, 61-4-11; guidelines for
regulation, MCA 1972, 61-7-15.
Sec. 4-43. - Other ordinances applicable.
All city ordinances apply at the airport, except wherein said ordinances contradict this article.
(Ord. of 5-8-90, 2.2)

Sec. 4-44. - Compliance with provisions.
Any permission granted by the airport manager or his representative, directly or indirectly, expressly
or by implication, to any person or persons to enter or use the airport or any portion thereof is conditioned
upon compliance with this article and other applicable regulations. This applies to aircraft operators, crew
members and passengers, spectators, sightseers, pleasure and commercial vehicles, officers and
employees of lessees and other persons occupying space at the airport, persons doing business with the
airport, its lessees, sublessees and permittees, and the use of the airport by all other persons whatsoever
entering upon the airport. Entry upon or into the airport by a person shall be deemed to constitute an
agreement to comply with said rules and regulations.
(Ord. of 5-8-90, 2.3)

Sec. 4-45. - Airport liability.
Any person using the airport and its facilities shall so do at his or her own risk. The Tupelo Municipal
Airport, the officers, commissioners, employees and agents therein, including the governing authority of
the city, assume no responsibility for loss, injury, damage, personal injury or death to the person or
property however caused or from fire, theft, vandalism, flood, earthquakes or any acts of God, of the
public enemy or for any other reason.
(Ord. of 5-8-90, 2.4)

Sec. 4-46. - Reporting of accidents.
Any person involved in an accident that causes damage to property or injury to persons or both at
the airport shall report the accident immediately to the applicable emergency services and to the airport
manager and comply with all other reporting requirements under local, state or federal law. Any person
involved shall remain at the scene of the accident without moving any debris or evidence until it has been
investigated by an appropriate agency.
(Ord. of 5-8-90, 2.5)

Sec. 4-47. - Public liability for damage.
Page 71
Any person causing damage of any kind to airport property or fixtures shall promptly pay the
authority for all repairs and replacements necessary. If the authority prevails in a legal action to collect
damages, the authority also may collect reasonable attorney's fees.
(Ord. of 5-8-90, 2.6)

Sec. 4-48. - Enforcement.
The Tupelo Police Department shall be responsible for enforcing this article under the direction and
guidance of the airport manager. The airport manager shall have the power to enforce the provisions of
this article and to make necessary and appropriate arrangements with other public law enforcement
agencies for the safety and security of the airport.
(Ord. of 5-8-90, 2.7)

State Law reference Enforcement, MCA 1972, 61-7-19.
Sec. 4-49. - Time limits.
In any provision of this article which requires the approval, consent or permission of the authority, the
approval, consent or permission shall be granted or denied not later than the next regularly scheduled
meeting of the authority after written application or request has been received. The airport manager shall
provide written notification of the decision to the applicant or requestee within five (5) working days after
the meeting with the authority. If any portion of this article requires the approval, consent or permission or
other action of the airport manager, the same shall be provided not later than fifteen (15) working days
after receipt of the application or request; provided, however, that, upon written notice to the applicant or
requestee, the airport manager may refer the matter to the next regularly scheduled meeting of the
authority.
(Ord. of 5-8-90, 12.2)

Sec. 4-50. - Appeals.
In the event that any person is aggrieved by any action or inaction of the authority, its employees,
commissioners and agents or the airport manager pursuant to this article, then such person may appeal
the action or inaction to the authority by filing with the airport manager a written complaint and a
reasonably detailed description of how the person is aggrieved. A copy of the complaint shall be provided
to each commissioner of the authority, and the matter shall be set for hearing upon seven (7) days written
notice to said person to be delivered by certified mail, but in no event shall the hearing be more than fortyfive (45) days after receipt of the complaint by the airport manager, unless agreed to by said person. At
the hearing, the person shall be allowed to present witnesses and such evidence as pertains to the
complaint. Within fourteen (14) days after the hearing, the authority shall provide written notice of its
determinations.
(Ord. of 5-8-90, 12.3)

State Law reference Review by board of adjustment, MCA 1972, 61-7-23.
Sec. 4-51. - Jurisdiction of municipal court.
The Tupelo Municipal Court shall have original jurisdiction for the prosecution of all violations of this
article.
Page 72
(Ord. of 5-8-90, 12.4)

State Law reference Judicial review, MCA 1972, 61-7-25.
Sec. 4-52. - Violations; penalties, etc.
(a) Penalty. Any person found guilty in the municipal court or other court of competent jurisdiction of
violating any of the provisions of this article shall be punished as provided in section 1-8 of this Code.
(b) Removal. Any person who violates any provision of this article creating a serious risk of injury to
himself or others or of damage to property may be immediately removed or ejected from the airport.
(c) Injunction. In the event any person has violated any provision of this article creating a serious risk of
injury to himself or others or of damage to property, and whose continued use of the airport creates a
significant and continuing risk of injury to persons or damage to property, then the airport manager
shall have the authority, but not the obligation, to seek an injunction, temporary restraining order or
other court order prohibiting or limiting the use of the airport by said person.
(d) Impounding of aircraft. Any aircraft parked or being operated in violation of this article may be
impounded by the airport manager or relocated to a proper area at the airport. Such aircraft shall be
released upon payment by the aircraft owner, operator or pilot of a fee of fifty dollars ($50.00) for the
cost of the impound, together with the parking fee then due and all storage and towing charges
reasonably resulting from the impound. The airport manager or the authority shall not be liable for
any damage or property loss resulting from the impound. The airport manager shall attempt to
identify the aircraft owner or operator and notify him or her of the impoundment or relocation within
seventy-two (72) hours.
(Ord. of 5-8-90, 2.8)

State Law reference Sanctions and penalties, MCA 1972, 61-7-27.
DIVISION 2. - OPERATION OF VEHICLES
Sec. 4-61. - Operator's license.

No person shall operate a motor vehicle on airport premises unless that person has a valid
operator's license.
(Ord. of 5-8-90, 3.1)

Sec. 4-62. - Vehicle license.
No person shall operate a motor vehicle on airport premises unless that vehicle has a valid license
plate displayed; provided, however, that specialized airport, airline, FBO or tenant service vehicles
registered in the office of the airport manager shall be permitted.
(Ord. of 5-8-90, 3.2)

Sec. 4-63. - Operation on the AOA.
Page 73
No person shall have or operate any motorized or any other vehicle, including bicycles, on the airport
operating area unless in compliance with the ACM.
(Ord. of 5-8-90, 3.3)

Sec. 4-64. - Safe operating condition.
No person shall operate a vehicle on airport premises unless it is in safe operating condition as
prescribed by the state in which said vehicle is registered.
(Ord. of 5-8-90, 3.4)

Sec. 4-65. - Safe operating procedures.
No person shall operate a vehicle in a careless, reckless or negligent manner or in a manner which
unreasonably endangers or is likely to unreasonably endanger persons or property.
(Ord. of 5-8-90, 3.5)

Sec. 4-66. - Obedience to posted traffic signals.
No person shall fail to obey the directions posted on traffic signs, signals or pavement markings at
the airport.
(Ord. of 5-8-90, 3.6)

Sec. 4-67. - Right-of-way.
Drivers of vehicles shall yield the right-of-way to pedestrians and moving aircraft at the airport.
(Ord. of 5-8-90, 3.7)

Sec. 4-68. - Speed limits.
No person shall drive a vehicle in excess of the posted speed limit, or anywhere else at the airport in
excess of twenty (20) miles per hour.
(Ord. of 5-8-90, 3.8)

Sec. 4-69. - Parking.
(a) No person shall park a vehicle at the airport other than in the manner and at locations indicated by
posted traffic signs or pavement markings as may be designated by the authority from time to time.
(b) No person shall park a vehicle in any unmarked place in front of any hanger or building, except for
delivery and service vehicles actually making a delivery and then only long enough to complete the
delivery.
(Ord. of 5-8-90, 3.9)
Page 74
Sec. 4-70. - Payment of parking fees.

No person shall fail to pay to the authority fees and charges for the use of pay parking areas
established by the authority.
(Ord. of 5-8-90, 3.10)

Sec. 4-71. - Operation on pavement.
No person shall operate a vehicle at the airport except on paved roadways intended for vehicular
use, unless necessary to yield the right-of-way to operating aircraft.
(Ord. of 5-8-90, 3.11)

Sec. 4-72. - Unlawful drugs and substances.
No person shall operate a vehicle while using or under the influence of alcohol, narcotics, or any
other mood- or performance-altering substance that is unlawful to possess or use in the state.
(Ord. of 5-8-90, 3.12)

Sec. 4-73. - Inoperable vehicles.
No person shall store or keep any inoperable vehicle at the airport for a period greater than fortyeight (48) hours (after which it may be deemed abandoned), unless it is not a safety hazard, presents no
impediment to airport operations and is neither visible nor accessible to the public.
(Ord. of 5-8-90, 3.13)

Sec. 4-74. - Containment of loads.
No person shall operate a vehicle for hauling trash, dirt or any other material at the airport unless
such vehicle is constructed so as to prevent the contents thereof from blowing, dropping, sifting, leaking
or otherwise escaping therefrom.
(Ord. of 5-8-90, 3.14)

DIVISION 3. - PUBLIC CONDUCT
Sec. 4-81. - Business or commercial activity.

No person shall engage in any business or commercial activity of any nature without a city privilege
license and a lease and/or consent of the authority. The lease of a privately owned aircraft by a second
party under the provisions of FAR Part 91 is not a business or commercial activity of the owner.
(Ord. of 5-8-90, 4.1)
Page 75
Sec. 4-82. - Soliciting.

No soliciting of any nature shall be conducted without permission of the authority.
(Ord. of 5-8-90, 4.2)

Sec. 4-83. - Advertising.
No person shall post, distribute or display signs or advertisements at the airport unless a franchise
fee is paid or unless space is duly leased, and in either case, such signs or advertisements shall be
placed only in areas designated by the authority.
(Ord. of 5-8-90, 4.3)

Sec. 4-84. - Conduct.
No person shall consume unlawful substances nor be or become intoxicated, commit any disorderly
act, conduct or engage in any form of gambling nor breach the peace on the airport premises.
(Ord. of 5-8-90, 4.4)

Sec. 4-85. - Alcoholic beverages.
No person shall sell or distribute alcoholic beverages for economic advantage at the airport without
the express written consent or franchise of the authority. No person shall consume alcoholic beverages at
the airport except in areas designated by lease, contract or by permission of the authority for special
events.
(Ord. of 5-8-90, 4.5)

Sec. 4-86. - Smoking.
No person shall have or use any lighted tobacco product in any interior or exterior area of the airport
where prohibited by posted signage established by the authority or other public law.
(Ord. of 5-8-90, 4.6)

Sec. 4-87. - Littering.
No person shall throw, drop or otherwise deposit, release or permit to be released upon the airport
premises any papers, refuse, garbage, gravel or other substance except in proper receptacles. Each
person shall pick up any material that is accidentally or purposely released in violation of the above and
dispose of it properly.
(Ord. of 5-8-90, 4.7)

Sec. 4-88. - Pet control.
(a) No person shall bring a dog or other animal into the airport terminal unless it is a seeing eye or
hearing dog or unless it is properly crated for air shipment in accordance with standards applicable to
air carriers.
Page 76
(b) No person shall bring a dog or other animal onto other airport premises unless the animal is
controlled by a leash at all times.
(c) Any person bringing a dog or other animal onto the airport shall clean up any stools or messes it
causes immediately and shall be responsible for any damage or injury it causes.
(Ord. of 5-8-90, 4.8)

Sec. 4-89. - Abandonment of property.
No person shall abandon any property on the airport. Any property unmoved, unattended, unclaimed
and for whom no owner can be contacted for a period of two (2) consecutive weeks shall be deemed
conclusively abandoned. The airport manager may remove and dispose of abandoned property as
provided by law.
(Ord. of 5-8-90, 4.9)

Sec. 4-90. - Preservation of property.
No person shall destroy, damage, deface or disturb in any way any building, sign, equipment, marker
or other structure, tree, flower, lawn or other public or private property on the airport.
(Ord. of 5-8-90, 4.10)

Sec. 4-91. - Loitering.
No person shall occupy airport parking, terminal or other facilities except for purposes of doing
business with authorized airport agencies and tenants or to otherwise use airport facilities for lawful and
peaceable purposes.
(Ord. of 5-8-90, 4.11)

Sec. 4-92. - Trespassing.
No person shall trespass on any airport property or within any building on airport property or enter or
remain in a building without authorization or enter or remain on the airport premises except during hours
of normal operation.
(Ord. of 5-8-90, 4.12)

Sec. 4-93. - Restricted areas.
No person shall enter upon the airport operations area or any area designated as restricted except
persons assigned to duty therein, persons authorized by the airport manager or otherwise authorized and
in compliance with the ACM.
(Ord. of 5-8-90, 4.13)

Sec. 4-94. - Interfering or tampering with aircraft.
Page 77
No person shall interfere or tamper with or enter or climb upon any aircraft or put into motion the
engine of such aircraft or use any aircraft, aircraft parts, instruments or tools without specific permission of
the aircraft owner or, in emergencies, the airport manager.
(Ord. of 5-8-90, 4.14)

Sec. 4-95. - Interfering or tampering with airport facilities.
No person shall interfere or tamper with any airport equipment or facility used in connection with the
operation, security, safety or maintenance of airport aeronautical and general operations.
(Ord. of 5-8-90, 4.15)

Sec. 4-96. - Weapons, explosives and flammable materials.
No person, except those duly authorized by law and in compliance with the ACM and FAA security
regulations, shall carry any weapons, firearms, explosives or flammable materials on the airport.
(Ord. of 5-8-90, 4.16)

Sec. 4-97. - Demonstration; picketing.
The right to free expression of ideas in a peaceable, reasonable manner shall be preserved. All
picket lines, public demonstrations and persons expressing themselves shall remain outside the airport
terminal building and other airport buildings, shall not approach within twenty-five (25) feet of any
entrance to said terminal and buildings, shall not impede the ingress and egress of passengers,
employees, pedestrians and vehicles and shall not interrupt any aircraft operation. Any person violating
this section shall be removed from the airport in accordance with section 4-52.
(Ord. of 5-8-90, 4.17)

Sec. 4-98. - Storage.
No person shall store materials, supplies or equipment outside buildings, except in properly
maintained containers or behind screened fences or landscaping to block such materials, supplies or
equipment from public view.
(Ord. of 5-8-90, 4.18)

Sec. 4-99. - Obstruction of roads and walks.
No person shall occupy or use the roads or walks in such a manner as to obstruct ingress, egress,
airport operations and aeronautical activity.
(Ord. of 5-8-90, 4.19)

Sec. 4-100. - Model aircraft, kites, other devices.
No person shall operate or release any kite, balloon, model aircraft or rocket anywhere at the airport
or in the clear zones or other restricted areas or in such proximity to the airport as to enter the airport's
airspace without permission of the airport manager.
Page 78
(Ord. of 5-8-90, 4.20)

Sec. 4-101. - Construction and alterations.
No person, including contractors or other persons for hire, shall construct, install or materially alter
any building, facility, utility, pavement or other object without the express prior written permission of the
authority, except as may be authorized by contract or lease.
(Ord. of 5-8-90, 4.21)

DIVISION 4. - AERONAUTICAL REGULATIONS
Sec. 4-111. - Based aircraft.

The owner of each aircraft based at the airport shall notify the airport manager in writing, within
twenty (20) days of its basing, of the description and registration number of the aircraft and the person(s)
responsible for it, its location at the airport and telephone numbers for twenty-four-hour-per-day contact. It
is the responsibility of the FBO to notify owners of any aircraft paying hanger or tiedown fees to that FBO
of this requirement and to notify the airport manager of newly based aircraft. The FBO is also responsible
to advise the airport manager when an aircraft ceases to be based at the airport.
(Ord. of 5-8-90, 5.1)

Sec. 4-112. - Airmanship.
No person shall conduct any aircraft operation at the airport, including departures and arrivals, in the
airspace above the airport and all ground operations, except in accordance with current FAR, ACM and
good airmanship as described in the AIM.
(Ord. of 5-8-90, 5.2)

Sec. 4-113. - Aircraft operation.
(a) Generally. No person shall operate an aircraft on the airport unless he or she is in possession of a
valid FAA pilot certificate, medical certificate and any additional FAA licenses required for the activity
being performed. Aircraft maintenance personnel may taxi and runup aircraft if they have specific
written permission from the aircraft owner or servicing FBO and certification from an instructor pilot
qualified to operate the aircraft that they have a working knowledge of aircraft operating and
emergency procedures, FAA taxiing procedures, use of aircraft radio, and airport regulations.
(b) Careless or negligent operation. No aircraft shall be operated in a careless or negligent manner or in
disregard of the rights and safety of others, or without due caution or at a speed or in a manner
which endangers or is likely to endanger persons or property, or while the pilot or other persons
aboard controlling any part of the operation thereof are under the influence of intoxicating liquor or
any narcotic or illegal drug, or if such aircraft is in such general condition, equipped or loaded as to
endanger or to be likely to endanger persons or property.
Page 79
(c) Operation of gliders, balloons and ultralights. No person shall operate a glider, hang glider, heliglider,
hot air balloon, ultralight vehicle or similar vehicle at the airport unless he or she has complied with
the same requirements set forth in section 4-115
(d) Taxiing with care. No person shall taxi any aircraft carelessly or without due regard for the safety of
other aircraft, vehicles and persons.
(e) Operating in hangars. No person shall start or operate any aircraft engine in any hanger or move any
aircraft into or out of any hanger while the engine is running.
(f)
Prop and jet blast. No person shall taxi any aircraft on the airport where the propeller or jet blast may
cause injury to persons or damage to property. If necessary, the aircraft operator shall shut down the
engine and have the aircraft towed to its destination.
(g) Runup procedure. No person shall runup any aircraft except in the runup areas at the extreme ends
of the parallel taxiway or in other areas designated by the airport manager.
(h) Takeoffs and landings. No person shall takeoff or land except on an open runway or a designated
helipad.
(i)
Holding on runways. No person shall hold any aircraft on the runway in a pre-takeoff position so as
to obstruct the traffic of other aircraft. Specifically prohibited are holding on the active runway to
await air traffic control clearances, to do aircraft performance checks, to await air traffic control
release times, and to instruct students.
(j)
Airplane traffic patterns. No person operating an aircraft not under instrument flight rules, under
instrument meteorological conditions or air traffic control instructions, or flying simulated instrument
approaches shall enter the airport traffic pattern or land unless in accordance with AIM flight and
radio procedures for uncontrolled airports.
(Ord. of 5-8-90, 5.3, 5.4, 5.6, 5.85.14)

Sec. 4-114. - Helicopter operation.
(a) Hovering and parking. No person shall:
(1) Fly or hover over any building, assembly of persons or vehicles or aircraft on the ground at less
than five hundred (500) feet above the surface object, except when flying an actual or simulated
instrument approach to the active runway or when making normal approaches to landing on the
marked helipad on closed Runway 04-22.
(2) Hover or ground taxi in such a manner and proximity to surface persons or objects as to risk
injury to persons or damage to aircraft and other property.
(b) Skid landing gear restrictions. No person shall:
(1) Park any helicopter equipped with skid-type landing gear on any asphalt surface except at
specifically marked points on closed Runway 04-22.
(2) Conduct running landings or takeoffs on any paved surface of the airport or on any sod area of
the airport with any helicopter equipped with skid-type landing gear in such a manner as to
damage or cause risk of damage to the paved surface or sod without the prior approval of the
airport authority.
(Ord. of 5-8-90, 5.27, 5.28)

Sec. 4-115. - Aerobatic demonstrations.
No person shall conduct demonstrations or aerobatic flight at or over the airport unless he has
notified the airport manager in writing of the proposed activity, provided proof of not less than one million
Page 80
dollars ($1,000,000.00) of general public liability insurance, submitted proof of FAA approval and, upon
recommendation of the airport manager, submitted to a hearing before the authority to determine the
safety of the aerobatic demonstrations of flight based on training, experience and equipment
specifications. Approval by the authority is not an endorsement; the authority assumes no liability thereby.
The authority may require an indemnity agreement as part of the conditions for approval.
(Ord. of 5-8-90, 5.5)

Sec. 4-116. - Skydiving.
No person shall conduct or participate in skydiving activity at the airport unless he or she has
complied with the same requirements set forth in section 4-115.
(Ord. of 5-8-90, 5.7)

Sec. 4-117. - Alrcraft in working condition.
(a) No person shall keep or store any aircraft at the airport unless it is in operating condition, is actively
being repaired, or is awaiting ordered parts. An aircraft not in operating condition may not be kept or
stored at the airport while actively being repaired or awaiting ordered parts for more than six (6)
months. The authority may give permission to keep or store an inoperable aircraft not actively being
repaired or awaiting ordered parts for a period not exceeding four (4) weeks for good cause shown.
(b) Any person who keeps or stores any aircraft in violation of this article shall be subject to a citation
and a fine of one hundred dollars ($100.00) for each infraction. Any person who receives a citation
for the violation of this article and does not remove the subject aircraft from airport premises or
otherwise remedy the violation within thirty (30) days following the issuance of the citation shall be
subject to an additional citation and a fine in an amount not less than two hundred fifty dollars
($250.00) and not more than one thousand dollars ($1,000.00) for each infraction as determined by
the Tupelo Municipal Court.
(c) If any person fails to remove an inoperable aircraft from airport premises or otherwise remedy a
violation of this article within thirty (30) days following the issuance of a citation for a violation of this
article, the authority, in addition to or in lieu of the penalties specified in subsection (b), above (in the
discretion of the authority), shall have the power to impound the aircraft, remove it from airport
premises and store it at any suitable location, provided that before making any such impoundment
the authority shall give not less than fifteen (15) days' written notice to the owner or custodian of
such aircraft of the authority's intent to impound the aircraft and shall thereafter give the owner or
custodian a reasonable opportunity prior to impoundment to show that the aircraft is no longer
inoperable or otherwise in violation of this article. The authority shall not be liable for any damage or
property loss resulting from such impound, removal or storage.
(d) Following any impoundment of an aircraft pursuant to subsection (c), above, the owner or custodian
of such aircraft may reclaim and take possession of the aircraft by reimbursing the authority for the
reasonable cost incurred in impounding, removing and storing the aircraft and showing that he has
paid all fines imposed pursuant to subsection (b), above. If the owner or oustodian does not reclaim
the aircraft in such manner within sixty (60) days of the impoundment, the aircraft shall be deemed
abandoned by the owner or custodian, and the authority may dispose of the aircraft in any manner,
including donation or destruction. If the owner or custodian does not reclaim the aircraft, such person
shall nevertheless be liable for any fines imposed and the reasonable costs incurred by the authority
in seizing, removing, storing, and disposing of the aircraft, and the election by the authority to
dispose of the aircraft by donation or destruction shall not absolve the owner or custodian from such
liability.
Page 81
(e) The penalties and remedies set fotth in this article are in addition to and do not abrogate any
penalties or remedies provided for in any other provision of this section or in any lease held by the
owner or custodian of any aircraft.
(Ord. of 5-8-90, 5.15; Ord. of 2-3-09(2), 1(5.15(5.15.15.15.5)))

Sec. 4-118. - Securing unattended aircraft.
No person shall leave any light aircraft unattended during inclement weather or after normal FBO
business hours unless it is within a hangar or otherwise properly secured by ground tiedowns. The aircraft
owner shall be responsible for all damages caused by failure to secure the aircraft.
(Ord. of 5-8-90, 5.16)

Sec. 4-119. - Passenger carrying operations.
No person shall conduct air taxi, commuter, charter or scheduled air carrier operations at the airport,
unless such operations transpire through the main terminal building or such other building as may be
designated by the authority and a monthly written report of the volume of the passengers, mail and freight
activity is submitted to the airport manager.
(Ord. of 5-8-90, 5.17)

Sec. 4-120. - Parking.
No person shall park an aircraft at the airport other than on an FBO-leased ramp or apron areas or
on other parking spots designated and marked for that use.
(Ord. of 5-8-90, 5.18)

Sec. 4-121. - Payment of fees.
No person shall land or park an aircraft at the airport without paying the prescribed charges for use
of the airport facilities. It is the responsibility of the FBOs to collect such fees and to pay them to the
airport authority.
(Ord. of 5-8-90, 5.19)

Sec. 4-122. - Removal of damaged aircraft.
Every aircraft owner, operator and pilot, jointly and severally, shall be responsible for the prompt
removal of damaged or disabled aircraft, together with the debris that may have resulted therefrom, as
soon as FAA or NTSB regulations permit. Care shall be exercised to avoid damaging airport property.
(Ord. of 5-8-90, 5.20)

Sec. 4-123. - Starting engines.
No aircraft engine shall be started except by an FAA-certificated pilot or mechanic at the controls and
the brake fully applied or the wheels securely chocked.
Page 82
(Ord. of 5-8-90, 5.21)

Sec. 4-124. - Aircraft repair.
(a) Services. No person shall repair, maintain, service or test the aircraft of others in any public areas of
the airport, unless they have a valid license or lease from the authority authorizing the repair,
maintenance, conditioning, servicing or testing of aircraft.
(b) Area. No person shall repair or allow to be repaired any aircraft or aircraft part except in areas built
for or designated for aircraft repair by the authority. Any person can perform or have performed items
of preventive maintenance on his or her own aircraft in the hangar or tiedown to which it is normally
assigned.
(Ord. of 5-8-90, 5.22, 5.23)

Sec. 4-125. - Maximum pavement weights.
No person shall operate an aircraft weighing in excess of ACM published structural limitations on any
runway, taxiway, ramp or apron on the airport, except with prior permission from the airport manager.
(Ord. of 5-8-90, 5.24)

Sec. 4-126. - Closed airport operating areas.
No person shall operate an aircraft on any portion of the AOA which is permanently closed by
markings or temporarily closed by the airport manager.
(Ord. of 5-8-90, 5.25)

Sec. 4-127. - Aircraft servicing areas.
No person shall fuel or otherwise service any aircraft except in an area authorized for parking and
servicing by the authority.
(Ord. of 5-8-90, 5.26)

Sec. 4-128. - Physical security.
(a) No person shall leave any AOA door, gate or other access point open, unlocked or otherwise
unsecured by authorized means except when actually transiting such AOA access point.
(b) No person shall provide AOA access control device keys, combinations or other means of AOA
entrance to persons not authorized AOA access by current FAR, ACM, and the airport manager.
(c) No person having authorized access to the AOA who is escorting a person without unaccompanied
AOA access privileges shall leave such unauthorized person unaccompanied.
(d) Any tenant of the airport or other person who violates this article during a calendar year shall be
subject to a citation and a one hundred dollar ($100.00) fine. Any tenant of the airport or other
person who violates this section more than once during a calendar year shall be subject to a fine in
an amount up to one thousand dollars ($1,000.00) as determined by the Tupelo Municipal Court, and
the tenant of the airport or the person may have access to the airport suspended or permanently
terminated as determined in an administrative hearing before the Tupelo Airport Authority following
the imposition of the fine by the Tupelo Municipal Court.
Page 83
(Ord. of 5-8-90, 5.29; Ord. of 2-8-00, 1)

Sec. 4-129. - Use of air carrier apron.
No person not operating a scheduled air carrier aircraft shall taxi or park upon or otherwise use the
air carrier apron and passenger terminal apron entrances without prior approval of the airport manager;
provided, however, that aircraft may taxi across the air carrier apron when necessitated by operational
safety.
(Ord. of 5-8-90, 5.30)

DIVISION 5. - FIRE PROTECTION; FUEL, HAZARDOUS AND TOXIC MATERIALS; FUELING OPERATIONS
Sec. 4-141. - Responsibility of airport user.

Each FBO, airport tenant and airport user shall take whatever steps are reasonable and necessary
to prevent fire. If a fire occurs, the person observing it shall notify the fire department and the airport
manager immediately.
(Ord. of 5-8-90, 6.1)

Sec. 4-142. - Fire code compliance.
Persons occupying airport premises shall comply with any and all regulations contained in the city
fire code and NFPA Publication 407 as they may apply.
(Ord. of 5-8-90, 6.2)

Sec. 4-143. - Aircraft cleaning.
No person shall use flammable or volatile materials in the cleaning of any aircraft, aircraft engine or
propeller or any other appliance, unless the cleaning operations are conducted in open areas outside
buildings and at not less than fifty (50) feet from other aircraft, buildings or hangars or in a room
specifically approved by the city fire marshall for that purpose, which is fireproofed and equipped with
readily accessible fire extinguishing apparatus.
(Ord. of 5-8-90, 6.3)

Sec. 4-144. - Painting and doping.
No person shall paint or dope an aircraft or vehicle except in a room adequately ventilated and
specifically approved for painting and doping in accordance with the city fire code by the city fire marshall
and the airport manager.
(Ord. of 5-8-90, 6.4)
Page 84
Sec. 4-145. - Heating equipment.

All heating equipment and fuel burning appliances installed or used in any structure shall be in
accordance with state and local building codes, fire codes, and be approved by the city fire marshall.
(Ord. of 5-8-90, 6.5)

Sec. 4-146. - Welding and open-flame operations.
No person shall weld or use open flame in any operation, except outdoors or in shop space
designated for that purpose in accordance with the city fire code and specifically approved by the city fire
marshall.
(Ord. of 5-8-90, 6.6)

Sec. 4-147. - Floor care.
Each building owner and lessee shall keep hangar floors, shop floors, storeroom floors, aprons and
areas adjacent thereto free of all grease, waste or other flammable material.
(Ord. of 5-8-90, 6.7)

Sec. 4-148. - Waste receptacles; accumulation of litter.
(a) Each building owner and lessee shall provide receptacles with self-closing covers for the storage of
waste, rags and other rubbish, and the contents thereof shall be removed as often as necessary but
at least weekly.
(b) No boxes, crates, rubbish, paper or other litter shall be permitted to accumulate in, about or around
any hangar or other building. All oil, paint and other empty flammable containers shall be removed
from buildings immediately upon being emptied.
(Ord. of 5-8-90, 6.8, 6.9)

Sec. 4-149. - Fire extinguishers.
The owner, lessee and/or user of each hangar, building, repair shop, painting and doping or welding
room at the airport shall provide adequate fire extinguishers in accordance with the city fire code
approved by the city fire marshall, which shall be maintained in working condition at all times.
(Ord. of 5-8-90, 6.10)

Sec. 4-150. - Storage.
No person shall store or stock any material or equipment in such a manner as to constitute a fire
hazard or a violation of the city fire code.
(Ord. of 5-8-90, 6.11)

Sec. 4-151. - Leaking fuel or oil.
Page 85
No person shall keep any aircraft or vehicle at the airport without providing for the containment of
leaking oil or fuel. Repairs or cleanup necessitated by failure to contain leaks shall be made at the
expense of the aircraft or vehicle owner.
(Ord. of 5-8-90, 6.12)

Sec. 4-152. - Smoking and ignition sources.
No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any open flame, or start
any engine or create any other source of ignition in or upon any area of the airport within fifty (50) feet of
hangars, fuel storage areas, fuel loading situations, fuel handling vehicles, or aircraft being fueled or
having fuel drained, or upon any ramp or apron or in any other place where smoking is specifically
prohibited by signs.
(Ord. of 5-8-90, 6.13)

Sec. 4-153. - Open flames.
No person shall start an open fire at any place at the airport without the prior written permission of
the airport manager.
(Ord. of 5-8-90, 6.14)

Sec. 4-154. - Use, etc., of hazardous materials; notification to airport manager.
Prior to bringing onto the airport, storing or using hazardous or toxic materials at the airport, except
that permitted under section 4-156, the responsible party must advise the airport manager in writing within
forty-eight (48) hours prior to delivery or use and comply with all applicable laws, unless otherwise
specified by lease or written agreement.
(Ord. of 5-8-90, 7.1)

Sec. 4-155. - Cleanup protection.
Each person storing or using hazardous or toxic materials at the airport (except that permitted under
section 4-156) shall maintain an escrow account or provide insurance naming the authority as an
additional named insured or post a performance bond with the authority or provide the personal guaranty
of an individual with sufficient assets; or have sufficient assets to assure that any spill is completely
cleaned up in accordance with federal, state and local standards. The amount required will vary
depending on the type and amount of material stored and the method of storage. The airport manager
shall determine the amount in each case, which shall be binding unless the affected party provides
evidence in writing from an authoritative source (the EPA, a licensed commercial cleanup provider, etc.)
that potential cleanup costs are less than the amount named, in which case the lesser amount will be
required.
(Ord. of 5-8-90, 7.2)

Sec. 4-156. - Storage of flammable.
No person shall store or allow to be stored flammable liquids or gases in hangars or buildings at the
airport, except for five (5) gallons in National Testing Laboratory-approved container(s) or any amount in
aircraft fuel tanks.
Page 86
(Ord. of 5-8-90, 7.3)

Sec. 4-157. - Fuel farms.
No person shall operate or maintain a fuel farm at the airport, unless he has entered into a valid
contract or written lease agreement for each specific fuel handling activity and facility.
(Ord. of 5-8-90, 7.4)

Sec. 4-158. - Storage tanks.
Any owner of a storage tank located on the airport presently or formerly containing hazardous or
toxic material shall register it with the airport manager, maintain it in a safe condition so that leaks are
prevented, clean up any leaks immediately, and otherwise comply with federal and state environmental
protection laws.
(Ord. of 5-8-90, 7.5)

Sec. 4-159. - Oil.
No person shall keep or store lubricating oils in or about the hangars, unless stored in closed
containers which meet National Testing Laboratory standards or in unopened and unbroken
manufacturer's containers.
(Ord. of 5-8-90, 7.6)

Sec. 4-160. - Hazardous and toxic material storage.
Hazardous and toxic materials shall be stored in a safe manner as determined by federal, state and
local environmental and safety standards. Each tank owner and tank lessee shall submit to the authority
initially and annually a copy of all compliance forms required by federal, state and local storage and use
regulations.
(Ord. of 5-8-90, 7.7)

Sec. 4-161. - Contamination prohibited.
No person shall store, use or dispose of oil, fuel, cleaning solvents, paints, strippers, pesticides,
herbicides, fertilizers or other hazardous or toxic materials, or washings or residue of such materials, in
any manner that will allow them to contaminate the air, ground, water supply, sewers or storm drains at
the airport.
(Ord. of 5-8-90, 7.8)

Sec. 4-162. - Spills, etc.; notification to the airport manager.
The responsible party shall notify the airport manager immediately if a spill or contamination occurs
and when any immediate hazard exists. The responsible party shall also notify the appropriate
emergency or decontamination services when any immediate hazard exists and ensure cleanup to meet
state and federal standards.
Page 87
(Ord. of 5-8-90, 7.9)

Sec. 4-163. - Fuel handling.
(a) Permit. No person shall conduct fuel handling operations at the airport, unless authorized to do so by
specific contractual agreement with the authority or by authority of a general fuel handling permit or
self-fueling permit issued by the airport manager.
(b) Operations. No person shall conduct fuel handling operations at the airport, unless in accordance
with the ACM and the technical standards of NFPA Publication 407.
(c) Locations. No person shall conduct fuel handling operations at the airport, except in areas
designated by the authority.
(Ord. of 5-8-90, 8.18.3)

Sec. 4-164. - Fuel flowage.
(a) Reporting. No person conducting fueling operations at the airport shall fail to make accurate reports
to the airport manager of fuel type, grade and quantities stored, used or distributed during each
calendar month, or other reporting period as established by the authority, except as otherwise
provided by lease or contract.
(b) No person conducting fueling operations at the airport shall fail to pay to the authority fuel flowage
fees and charges, except as otherwise provided by any contract or lease executed prior to the
effective date of this article. (See also section 4-183.)
(Ord. of 5-8-90, 8.5)

DIVISION 6. - MINIMUM STANDARDS FOR FIXED BASE OPERATORS, AIRCRAFT CHARTER AND TAXI
SERVICE
Sec. 4-171. - Compliance required.

Any FBO who proposes to engage in the business of providing aviation services at the airport, in
addition to complying with the other sections of this article and other local, state and federal laws and
regulations, shall comply with the standards, requirements and procedures established by sections 4-171
through 4-173.
(Ord. of 5-8-90, 9.1)

Sec. 4-172. - Application to do business; filing and contents.
Any person proposing to do business at the airport as an FBO shall make a written application to the
authority. The application shall include the following:
(1) The name, address and telephone number of the applicant.
(2) A detailed description of the proposed fixed base operation, including the proposed date of
commencement.
Page 88
(3) The professional qualifications of the personnel who will manage or operate the proposed fixed
base operation.
(4) Evidence of financial responsibility to include, but not limited to, a minimum of three (3)
references from principal creditors or financial institutions and a certified statement prepared by
a certified public accountant of the applicant's financial condition.
(5) Any proposed capital improvements on the fixed base operation site.
(6) Any additional information relevant to the application which the authority may require and a
signed statement authorizing the airport manager to verify the information contained in the
application.
(Ord. of 5-8-90, 9.2)

Sec. 4-173. - Fixed base operator.
No person shall engage in fixed base operator services without complying with the following
minimum standards and requirements:
(1) Maintaining an adequate inventory of at least two (2) grades and brands of commonly used
aviation engine oil, appropriate types of other hydraulic and de-icing fluids, one (1) type of jet
fuel, and at least one (1) grade of aviation gasoline.
(2) Maintaining mobile fuel dispensing equipment meeting all applicable federal, state and local
standards, including applicable provisions of NFPA 407 and the ACM.
(3) The ability to perform minor repairs, servicing and cleaning on general aviation aircraft,
including the skills and equipment to expeditiously remove disabled aircraft of similar types to
those based at the FBO from runways and taxiways.
(4) An adequate number of qualified and readily identifiable personnel to render competent service
to general aviation customers between the hours of 7:00 a.m. and 7:00 p.m. daily, or a
continuous twelve-hour span predicated on the specialized need of the operator, and on call by
readily accessible means at other than normal business hours.
(5) Adequate ground support equipment to include, but not be limited to, ground power units,
battery chargers, portable compressed air, tools, jacks, dollies and towing equipment as
necessary for servicing of general aviation aircraft.
(6) Adequate facilities for general aviation customers to include, but not be limited to, automobile
parking space, snack bar or food vending area, restrooms, public telephone facilities, a flight
service information telephone and flight planning facilities.
(7) Fuel storage and handling facilities meeting all applicable federal, state and local fire safety and
pollution control standards for underground utilities.
(8) Parking, tie down and storage facilities sufficient for a minimum of ten (10) single-engine
transient aircraft being served or waiting to be served.
(9) Provision for the adequate and sanitary handling and disposal, in accordance with the state and
federal standards, away from the airport, of all trash, waste and other materials, including but
not limited to used oils, solvents and other waste. The piling or storage of carts, boxes, barrels
and other containers will not be permitted within the leased premises.
(10) Maintaining all leased interior and exterior premises in clean, mowed, well-groomed and wellmaintained condition.
(11) Compliance with all security and safety requirements of FAR Parts 107 and 108, and of the
ACM.
Page 89
(Ord. of 5-8-90, 9.3)

Sec. 4-174. - Aircraft charter and taxi service.
No FBO or person shall offer aircraft charter and taxi service without complying with the following
minimum standards:
(1) Possessing an FAR Part 135 air taxi operator's certificate.
(2) Having available a minimum of one (1) multiengine airplane and one (1) four-seat single-engine
airplane or one (1) four-seat helicopter, all airworthy and properly certificated for FAR Part 135
operations.
(3) Having available sufficient certificated and qualified crew to operate available aircraft, one (1) of
which crews must be available for business at the airport during normal business hours unless
dispatched, and standby crews for other aircraft must be available with three (3) hours notice.
(4) Providing adequate customer and employee automobile parking, passenger lounge, restrooms,
telephone, and dispatching facilities.
(5) Providing minimum insurance coverage as follows:
a.
General liability (excluding flight operations): One million dollars ($1,000,000.00) per
occurrence.
b.
Aircraft property damage liability: One million dollars ($1,000,000.00) per occurrence.
c.
Aircraft bodily injury liability: One million dollars ($1,000,000.00) per occurrence per
passenger seat for the largest aircraft operated.
(Ord. of 5-8-90, 10.1)

DIVISION 7. - RATES AND CHARGES
Sec. 4-181. - Aircraft landing fees.

Aircraft engaged in any aeronautical activity for hire or commercial gain, and not based at this
airport, shall pay the authority either a flat rate of four dollars ($4.00) or thirty-one cents ($0.31) per
thousand pounds of maximum certified gross landing weight (MCGLW), whichever is greater for each
landing, except as provided in any lease or contract executed prior to June 5, 1990.
(Ord. of 5-8-90, 11.1)

Sec. 4-182. - Aircraft parking fees.
Any aircraft remaining on the air carrier apron more than eight (8) hours in any twenty-four-hour
period, and any aircraft remaining on any other airport-owned and public use space overnight shall pay a
flat rate of four dollars ($4.00) per chargeable period or one-half of the aircraft's landing fee per
chargeable period, whichever is greater. These fees shall be collected by the FBO servicing the aircraft
and paid monthly to the authority.
(Ord. of 5-8-90, 11.2)
Page 90
Sec. 4-183. - Fuel flowage fees.

The fuel pumpage fee referred to in section 4-164(b) shall not be less than four and one-half cents
($0.045) per gallon dispensed, unless otherwise provided by contract or lease.
(Ord. of 5-8-90, 11.3)

Sec. 4-184. - Taxi and limousine access fees.
Any person operating a taxi or limousine to make oncall passenger pickups on any portion of the
airport as an incidental part of that taxi or limousine service shall pay a fee of sixty dollars ($60.00) per
year for the pickup privilege. No fee is required to drop passengers at the airport. This access fee does
not grant taxi or limousine standing or parking privileges, which may be negotiated separately with the
authority.
(Ord. of 5-8-90, 11.4)

Sec. 4-185. - Airport limousine and shuttle fee.
Any person operating a limousine or shuttle service, a significant portion of whose business is the
carriage of passengers or baggage to or from the airport as a principal advertised or commonly known
origin or destination, shall pay to the authority a fee of one dollar and forty cents ($1.40) per passenger
picked up or discharged at the airport.
(Ord. of 5-8-90, 11.5)

Sec. 4-186. - Off-airport rental car access fee.
Any person operating a rental car agency which does not maintain a place of business on the airport
and which, directly or by agent, picks up and delivers rental car customers at the airport shall pay to the
authority seven (7) percent of the gross receipts of such business done at the airport. Calculating of gross
receipts, reporting and billing procedures shall be consistent with current on-airport rental car agency
contracts.
(Ord. of 5-8-90, 11.6)

Sec. 4-187. - Public auto parking fees.
Any person parking any motor vehicle in a designated pay parking area on the airport shall pay to
the authority the sum of twenty-five cents ($0.25) per hour or two dollars ($2.00) per space occupied per
calendar day or portion thereof, whichever is less.
(Ord. of 5-8-90, 11.7)

Sec. 4-188. - Parking fee collection service charge.
Any person who uses airport pay parking and who fails to pay full parking charges within ten (10)
calendar days shall be assessed a collection service charge of two dollars ($2.00).
(Ord. of 5-8-90, 11.8)
Page 91
Sec. 4-189. - Vehicle relocation fee.

Any person who leaves a vehicle in any unauthorized place on the airport, and whose vehicle is
towed or driven to an impound lot or other designated location by airport employees or other designated
persons at the direction of the airport manager, shall be assessed a charge of ten dollars ($10.00) plus
the direct costs of towing to the designated impound point.
(Ord. of 5-8-90, 11.9)

Sec. 4-190. - Automobile unlocking fee.
Any person who requests authority employee assistance to unlock doors of a vehicle when locked
out shall complete TAA Form 42 and pay a fee of five dollars ($5.00).
(Ord. of 5-8-90, 11.10)

Sec. 4-191. - Automobile jump-starting fee.
Any person who requests authority employee assistance to jump-start a vehicle on the airport shall
complete TAA Form 42 and pay a fee of five dollars ($5.00).
(Ord. of 5-8-90, 11.11)

Sec. 4-192. - Aircraft self-fueling permit fee.
Any person applying for a self-fueling permit shall be assessed a fee of twenty-five dollars ($25.00)
per year.
(Ord. of 5-8-90, 11.12)

Sec. 4-193. - Billing procedures and late charges.
Unless altered by written agreement, all amounts payable will be due on the fifth day of the month
following the month when the debt was incurred, and late charges in the amount of one and one-half (1)
percent per month or a minimum of five dollars ($5.00) shall accrue if the amount is not paid within thirty
(30) days of the due date. If legal action is required to collect any amount, the authority shall be entitled to
attorney's fees also.
(Ord. of 5-8-90, 11.13)

Sec. 4-194. - Increases and decreases.
Any fee or charge listed in this division may be increased or decreased by resolution or order of the
authority without amendment to this article.
(Ord. of 5-8-90, 11.14)

Chapter 5 - ALCOHOLIC BEVERAGES
FOOTNOTE(S):
Page 92
--- (1) --Cross reference General penalty for Code violations, 1-8; licenses and miscellaneous business
regulations, Ch. 15; motor vehicles and traffic, Ch. 17; municipal court, Ch. 18; noise, Ch. 19, Art. II;
streets, sidewalks and other public places, Ch. 24
Sec. 5-1. - Restrictions on light wine and beer on municipal property.

The sale, distribution, bartering, consumption, and giving away of light wine and beer are prohibited
at events and activities on real property owned by the city and on any real property leased to the city
without a proper and valid special events permit issued by the Tupelo City Council as set out in section 52.
(Ord. of 6-18-02, 2; Ord. of 3-21-03, 2)

State Law reference Municipal authority to regulate alcoholic beverages, MCA 1972, 67-39.
Sec. 5-2. - Special events permit for light wine and beer on municipal property.
The sale, distribution, bartering, consumption, and giving away of light wine and beer may be
allowed at events and activities on real property owned by the city and on any real property leased by the
city to a person or entity obtaining a special events permit and conducting the sale, distribution, bartering,
consumption and giving away of light wine and beer according to the terms of such permit. A permit for an
event on municipal property that allows sale, distribution, bartering, consumption, or giving away of light
wine and beer shall not issue unless the person or entity requesting the permit has satisfied the following
conditions:
(1) Has a valid beer permit from the State of Mississippi if beer is to be sold;
(2) a.
b.
Is a 501(c)(3) charitable organization or a bona fide not for profit organization; or

An individual, group or business who has obtained a rental agreement from the City of
Tupelo.
(3) Has filed a written application with the department of planning and community development
(planning department) setting out the time, place and duration of the event, including a
description of the municipal property to be included in the permitted area;
(4) Has paid a special events permit fee of twenty-five dollars ($25.00), plus a deposit of one
hundred dollars ($100.00) in the event the cleanup after the event is unsatisfactory. The deposit
shall be refunded if clean-up is adequate and does not require additional clean-up by city
personnel;
(5) Has submitted an adequate, written plan for security which is approved by the city to be
sufficient for the size of the event, a plan for preventing minors from obtaining light wine and
beer, and a plan for preventing anyone leaving the permitted area from taking beverages
outside the permitted area, and a plan for cleaning up after the event, including the name of the
person in charge of the cleanup.
(6) Has determined that the time and date of the event for which the permit is requested does not
conflict with other previously scheduled events.
Page 93
The application for the permit must be received in the planning department not less than twenty (20)
business days prior to the proposed event. No such event held on municipal property shall allow the sale,
distribution, bartering, consumption or giving away of light wine and beer on more than three (3)
consecutive days, and the city council shall not be obligated to issue special events permits to any person
or entity, or combinations and variations thereof, more than once in a twelve (12) month period. The
planning department of the city may deny a special events permit to any person or group not meeting the
criteria set forth above or any person or group which has failed to comply with these provisions, the
conditions of the permit and/or the reasonable rules and regulations of the city in the past.
The sale, distribution, bartering, consumption or giving away of beer in the Tupelo Coliseum
Complex, the Convention and Visitors Bureau building, the Tupelo Automobile Museum, and on any city
property maintained by the Tupelo Park and Recreation Department shall be governed by Article II of
Chapter 5, but Article I of Chapter 5 shall apply to all other city property including property located on the
grounds of the Tupelo Coliseum complex.
(Ord. of 6-18-02, 2; Ord. of 3-21-03, 2; Ord. of 5-4-10(2), 2; Ord. of 5-15-2012, 1, 2)

Sec. 5-3. - Rules and regulations.
The city council may issue and enforce reasonable rules and regulations regarding the use of
municipal property and the conduct of events to persons or entities who have received permits under this
article I, and such permittee shall be responsible for the compliance with those rules and regulations for
persons attending the event. The city council may designate certain areas of municipal property for which
no permits will be issued. All rules and regulations will be strictly enforced. The rules and regulations shall
include but not be limited to: Identification checks by law enforcement or security officers prior to
purchasing beer at approved events; use of arm bands by beer purchasers so as to limit the number of
drinks sold per person; absolutely no sales to or consumption by minors; the visible presence of
uniformed police officers and/or security officers throughout the event premises at all times during the
event.
(Ord. of 6-18-02, 2; Ord. of 3-21-03, 2)

Sec. 5-4. - Application and approval process.
The planning department shall be responsible for: Issuing and receiving applications for special
events permits; approving or denying the application; issuing the special events permit, if the application
is approved; developing reasonable rules and regulations for permit holders; and distributing the rules
and regulations to permit holders.
(Ord. of 6-18-02, 2; Ord. of 3-21-03, 2)

Sec. 5-5. - Waiver.
Under extenuating circumstances only, the director of planning and development may have the
discretion to waive the twenty (20) day rule for approval of a special permit as provided above in section
5-2(6).
(Ord. of 3-21-03, 2)
Sec. 5-6. - Leasing of property for a gathering at which alcoholic beverages will be consumed.
If any owner of an interest in property (the property owner) shall lease, rent, or otherwise temporarily
convey for profit that property (the premises or the property) to any individual, group, business entity,
Page 94
organization or other association (the lessee), for the purpose of a gathering of forty (40) or more people
at which beer, light wine, and/or alcoholic beverages are consumed (an event), then the property owner
must apply for a permit (an event permit) from the city five (5) days in advance of the event and pay an
application fee of seventy-five dollars ($75.00). The property owner must apply for an event permit and
pay the application fee for each event. The application will be reviewed by the city police department and
may be denied on the basis of prior criminal convictions of either the property owner or the lessee. If the
application is denied, the seventy-five dollar ($75.00) application fee will be refunded. Furthermore, upon
request, the city may waive the application fee if the city makes a determination that the primary purpose
of the event will directly benefit the city.
(1) Any property owner applying for an event permit under this section must supply, at minimum,
the following information: property owner's name, residential address and telephone number;
the location of the premises; the name of the lessee; the name of an individual (either the
property owner, the lessee, or an agent of either the property owner or the lessee) who shall be
present on the premises for the duration of the event and who shall be responsible for conduct
of the lessee and the lessee's guests on the premises; the date and time of the event; the
number of expected guests; and the type of entertainment planned (i.e., live music, disc jockey,
etc.).
(2) If beer, light wine, and/or alcoholic beverages are present in any type of drinking container or in
any bottle, can or other container upon which the seal, cork or cap has been opened ("an open
container"), on premises that are leased for an event and the property owner has not obtained
an event permit under this section, then the property owner shall be in violation of this section.
The property owner shall be strictly liable for the failure to apply for an event permit under this
section and it shall be no defense that the property owner was unaware that beer, light wine,
and/or alcoholic beverages would be consumed or would be present on the premises in open
containers.
(3) This section does not apply to establishments which allow the consumption or sale of beer, light
wine, and/or alcoholic beverages under the authority of any other state law or local code.
(4) If beer, light wine and/or alcoholic beverages are to be sold at any event held under this section,
the lessee must either hold a valid liquor license issued by the state (for the sale of alcohol
other than light wine or beer) or a valid beer license issued by the city or be a 501(c)(3)
charitable organization or bona fide not for profit entity.
(5) The property owner who leases property for an event shall comply with all state laws and local
codes that govern the operation of an establishment which has an on-premises retailer's permit
issued by the alcoholic beverage control division, including, but not limited to, chapters
governing the hours of operation, the consumption of alcohol by minors, the presence of minors
on the premises, entertainment, the conduct of patrons, and any disturbance of the peace. In
addition to complying with all applicable chapters pertaining to on-premises retailers, no person
may possess any beer, light wine, or alcoholic beverage in an open container, upon the
premises permitted under this section (including the land, buildings, parking lot or other
improvement under the possession or control of the property owner) except during the hours
that establishments with on-premises retailer's permits are allowed to sell beer, light wine, or
alcoholic beverages. Outside of the hours that establishments with on-premises retailer's
permits are allowed to sell beer, light wine, or alcoholic beverages, no open container may be
stored upon premises permitted under this section unless the open container is the personal
property of the property owner and its contents are not for consumption by the lessee or by the
lessee's guests. When property is permitted for an event under this section, the city may hold
either the property owner and/or the lessee liable for a violation of this chapter and/or for a
violation of any state law or local code governing the operation of an establishment which has
an on-premises retailer's permit issued by the alcohol beverage control division. This section in
no way limits or abrogates any other chapter.
(6) Any person violating the provisions of this section shall be guilty of a misdemeanor and may be
fined not exceeding a sum of five hundred dollars ($500.00) for the first offense, or one
thousand dollars ($1,000.00) for any subsequent offense, and/or sentenced to serve up to
Page 95
ninety (90) days in jail for the first offense, or up to six (6) months for any subsequent offense.
Furthermore, the property owner may lose the right to apply for an event permit under this
chapter for up to six (6) months for the first offense and up to a period of one (1) year for any
subsequent violation.
(Ord. of 3-5-2013(2), 2)
ARTICLE II. - BEER REGULATIONS
Sec. 5-16. - Distribution, consumptionProhibited near churches, certain businesses, etc.

(a) The retail sale, distribution, bartering, giving away, consumption and/or manufacture of light wine and
beer, as such term is used in MCA 1972 Chapter 3 of Title 67 is hereby prohibited within a distance
of four hundred (400) feet of residences, churches, schools, kindergartens, child-care facilities,
nursing homes, funeral parlors, cemeteries, governmental buildings and publicly owned recreational
areas (collectively, "protected buildings"); except that where such publicly owned recreational areas
and governmental and other protected buildings are located in a commercial area, or other central
business area, the distance shall be reduced to one hundred (100) feet and except that for any
business engaged in the retail sale, distribution, bartering, giving away, consumption and/or
manufacture of light wine and beer on Gloster Street, on Main Street and in the downtown overlay
district, and any business applying for permits therein, the distance shall be reduced to one hundred
(100) feet measured from the building of such business. No distance restriction shall apply to
residences located in the downtown overlay district.
(b) For the purposes of this article, distances shall be measured from the closest point on the protected
building to the closest point on the building, or portion of a building if it is not internally accessible by
the public from the remainder of the building, where the retail sale, distribution, bartering, giving
away, consumption and/or manufacture of light wine and beer is to occur.
(c) Variances in the distance restrictions may be granted by the city planning committee using the
procedures set forth in chapter 6 of the development code of the city. Variances will be granted
where the strict enforcement of the distance restriction would create a practical difficulty or
unnecessary hardship in the use of the land. The standard of review for the planning committee shall
be whether special conditions or unusual circumstances exist which would make strict enforcement
unfair, an unnecessary hardship or a practical difficulty. Special conditions which may be considered,
among others, are:
(1) Waiver or consent by the owner of the protected building; or
(2) Cessation of use of the protected building, for a protected purpose; or
(3) Absence of significant or material social, moral, cultural or economic detriment to the protected
building; or
(4) Agreement by the applicant to fulfill conditions designed to alleviate any such detriment; or
(5) The presence of pre-existing establishments with permits for the retail sale, distribution,
consumption or manufacture of light wines and beer within four hundred (400) feet of the
protected building.
(d) The provisions and prohibitions of this article shall not apply to the Tupelo Coliseum Complex, the
Convention and Visitors Bureau ("CVB") building, the Tupelo Automobile Museum, or city property
maintained by the Tupelo Park and Recreation Department so long as the following conditions are
met:
Page 96
(1) The Coliseum Commission, the CVB Board, the Board of Directors of the Tupelo Automobile
Museum, or the Park Advisory Board, as appropriate, shall approve, on a per-event basis, those
events during which beer and light wine will be sold and/or served in the Tupelo Coliseum
Complex, the CVB building, Tupelo Automobile Museum, or city property maintained by the
Tupelo Park and Recreation Department. Only events which the Coliseum Commission, the
CVB Board, the Tupelo Automobile Museum Board, or the Park Advisory Board determines are
directed towards adult audiences shall be approved;
(2) There will be no sale, distribution, bartering, giving away, or consumption of beer and light wine
in the Tupelo Coliseum Complex or in the CVB building or in the Tupelo Automobile Museum on
Sundays, except between the hours of 12:01 a.m. and 1:00 a.m. and between the hours of
10:00 a.m. and 12:00 midnight when such sale, distribution, bartering, giving away or
consumption of beer and light wine will be permitted, subject to the other limitations set out in
this article; and
(3) The net proceeds of beer and light wine sales in the Tupelo Coliseum Complex shall be applied
to the payment of the obligation incurred by the City to the Tupelo Coliseum Complex.
(Ord. of 10-3-84, 1; Ord. of 8-3-93, 1; Ord. of 6-15-99(1), 2; Ord. of 6-18-02, 3; Ord. of

3-21-03, 3; Ord. of 9-15-09, 2; Ord. of 5-4-10(2), 3; Ord. of 5-6-14, 1)
State Law reference Municipal authority to impose time and place regulations on sale of
alcoholic beverages, MCA 1972, 67-3-65.
Sec. 5-17. - Reserved.
Editor's note Ord. of 2-3-98, 3, repealed 5-17 in its entirety. Formerly, said section
pertained to the prohibition of the distribution and consumption of beer as pertaining to the
fairgrounds. See the Code Comparative Table.
Sec. 5-18. - Opening containers, consumption on premises of permit holder restricted.
(a) The opening of a container of light wine and beer, the consumption of light wine and beer on the
premises of a holder of a permit authorizing the sale of such beverages, or the permitting of either to
be done on such premises by the holder of the permit, is prohibited except as follows:
(1) Upon the premises of a restaurant holding a permit authorizing the sale of such beverages. The
word "restaurant" for the purpose of this section shall mean a place which is regularly and in a
bona fide manner used and kept open for the service of meals to guests for compensation and
which has suitable seating facilities for guests and has suitable kitchen facilities connected
therewith for cooking an assortment of foods and meats commonly ordered at various hours of
the day. The service of such food as a sandwich and salads only shall not be deemed in
compliance with this requirement. No place shall qualify as a restaurant under the provisions of
this order unless fifty (50) percent or more of the revenue derived from such place shall be for
the preparation, cooking and serving of meals and not for the sale of such alcoholic beverages.
No beer shall be open or in the possession of any person in automobiles at any time on public
property, streets or highways.
(2) Upon the premises of a club holding a permit authorizing the sale of such alcoholic beverages.
The word "club" for the purpose of this section shall mean an association or a corporation
organized or created under the laws of the United States of America or the laws of the state,
organized not primarily for pecuniary profit, but for the promotion of some common object other
than the sale or consumption of alcoholic beverages, maintained by its members through
payment of annual dues, adequate for the reasonable and comfortable use and accommodation
of its members and their guests. The affairs and management of such clubs must be conducted
Page 97
by a board of directors, board of governors, executive committee or similar governing body

chosen by the members at a regular meeting at some periodic interval, and no member, officer
agent or employee of the club is paid, or directly or indirectly receives in the form of a salary or
other compensation any profit from the distribution or sale of such alcoholic beverages to the
club or to the members or guests of the club beyond such salary or compensation as may be
fixed and voted at a proper meeting by the board of directors or other governing body out of the
general revenues of the club.
(3) Upon municipal property with a properly issued special events permit as provided in article I of
chapter 5 of the Code of Ordinances.
(b) The sale, bartering, or giving away of wine and beer for on-premises consumption by any aforesaid
restaurant or club shall be prohibited within four hundred (400) feet of any residential building; except
where such residential buildings are located in a commercial area or central business area, distance
shall be reduced to one hundred (100) feet.
(Ord. of 10-3-84, 3; Ord. of 6-18-02, 4; Ord. of 3-21-03, 4)

Sec. 5-19. - Sales on Sunday.
The sale, bartering or giving away of light wine and beer is prohibited on Sundays except between
the hours of 12:01 a.m. and 1:00 a.m. and between the hours of 10:00 a.m. and 12:00 midnight when
such sale, bartering or giving away of light wine and beer is permitted, subject to other limitations set out
in this article.
(Ord. of 10-3-84, 4; Ord. of 8-3-93, 2; Ord. of 9-15-09, 3; Ord. of 5-6-14, 3)

Sec. 5-20. - Advertisement restricted.
(a) The erecting and maintaining of any sign, lighted or otherwise, or printing upon the outside or inside
the premises, covered by a permit advertising, announcing or advising of the sale of light wine and
beer in or on such premises is prohibited; except that, on the front thereof may be printed in letters
not more than eight (8) inches high the wine and beer permit number and the words "wine and beer
sold here."
(b) Advertising light wine and beer by means of signs, billboards, or displays on and along public roads,
highways, streets or any building is prohibited.
(Ord. of 10-3-84, 5, 7)
Cross reference Advertising generally, Ch. 3
Sec. 5-21. - Storage in manner so as to be visible to public restricted.
The storing, keeping or displaying of light wine and beer or the empty cartons or containers thereof in
or on the premises covered by a permit for the sale of light wine or beer in such a manner as to be visible
from the highway or otherwise from the outside of such premises is prohibited.
(Ord. of 10-3-84, 6)
Sec. 5-22. - Article declared cumulative.
Page 98
This article is declared to be cumulative and supplemental to any and all acts and laws of the state
pertaining to the governing of the sale and distribution of light wines and beers and is in the interest of
promoting the public health, morals, and safety of the citizens of the city.
(Ord. of 10-3-84, 9)
Sec. 5-23. - Title.
The sections of this article II may be referred to collectively as the "Tupelo Beer Ordinance."
(Ord. of 8-3-93, 3)
Sec. 5-24. - Hours of sale.
No person, corporation, partnership or other legal entity, nor any employee or agent of such person,
corporation, partnership or legal entity holding a valid beer permit and beer license shall permit the sale,
bartering, or giving away of beer and/or light wine between the hours of 1:00 a.m. and 7:00 a.m. the next
morning, provided, however, that nothing in this section shall permit the sale, bartering or giving away of
beer or light wine on Sunday, except between the hours of 12:01 a.m. and 1:00 a.m. and 11:00 a.m. and
12:00 midnight when such sale, bartering or giving away will be permitted subject to the other limitations
set out in this article.

Sec. 5-25. - Beer and light wine privilege license.
(a) Privilege license required. Any person or entity desiring to engage in the business of selling beer and
light wine at retail shall pay the city a privilege license tax in the amount as that imposed by MCA
1972, 27-71-303, 27-71-345, and 67-3-27 for the purpose of engaging in such business and shall
file with the city clerk an application showing that such person possesses all the requirements
provided for in this article. Such applicants shall exhibit a permit as required by MCA 1972, 67-317 and 67-3-23. All such city privilege licenses shall be applied for and renewed annually. It shall be
unlawful for any person to engage in the business of the retail sale of beer and light wine without
having first applied for and obtained from the city clerk a privilege license to engage in such
business.
(b) Application for privilege license. Any person or entity desiring a license to sell beer at retail or
desiring to renew such a license to sell beer and/or light wine shall file an application with the city
clerk in the form of a sworn statement giving the name of the business, its location, the mailing
address, and if a partnership or firm, the name and address of each partner or member and, if a
corporation, the names of two (2) principal officers and the nature of business in which engaged. In
case any business is conducted by the same person or entity at two (2) or more separate places, a
separate license for each lace of business shall be required. The applicant shall further show in the
sworn application for a license that the applicant and/or its principals (as identified below) possess
the following qualification:
(1) Over twenty-one (21) years of age and a person of good moral character;
(2) No convictions in this or any other state of a felony or of pandering, or of keeping or maintaining
a house of prostitution; and
(3) No revocation of any license or permit to sell alcoholic liquors, beer, or light wine, pursuant to
the laws of this city, this state or any other state, or of the United States, within two (2) years
preceding the date of application.
Page 99
If the applicant is a partnership, firm or limited liability company, all members of the partnership, firm,
or limited liability company must be named and must meet the above-listed qualifications. If the
applicant is a corporation, all officers and directors thereof, and any stockholder owning more than
five (5) percent of the stock of such corporation, and the person who shall conduct and maintain the
licensed premises for the corporation shall possess all the qualifications required herein for an
individual license.
(c) False statements. Discovery of any false statement made on the application or during the application
process shall be grounds for immediate revocation of the privilege license. The licensee shall retain
a list of all persons employed by the licensee who sell and/or serve beer and/or light wine, including
with the list the name, address and age of each such employee, and such list shall be made
available upon request of municipal authorities.
(d) Compliance representative. As a condition precedent to the issuance of a privilege license, the
licensee must agree to appoint a compliance representative, who shall apply for a compliance
representative permit with the city clerk. Each applicant must meet the following requirements in
order to receive a permit:
(1) Must be twenty-one (21) years of age or older.
(2) Must agree to complete within two (2) months of the date of the application a required training
course, for a fee to be set by the city police department, to be conducted by the city police
department pursuant to the training guidelines of the state alcoholic beverage commission.
(e) Compliance representative permit time limit. Each compliance representative permit shall be issued
for a period of one (1) year, which can be renewed for the following two (2) years with no additional
requirements, if neither the privilege licensee nor the compliance representative is convicted of a
violation of the provisions of this chapter during the year.
(f)
Necessity for new compliance representative. If the permitted compliance representative is either no
longer employed by the privilege licensee or has his compliance representative permit revoked, then
the licensee must appoint a new representative who must meet the requirements of this section.
(g) Optional training of employees. Although only the compliance representative of each licensee shall
be required to attend the training course conducted by the city police department, said training
course shall be made available to all who wish to attend, subject to payment of the registration fee
for the same, and all privilege licensees are encouraged to offer such training to their employees.
(h) Nonretail sale or distribution of beer and/or light wine. Each wholesaler or distributor of light wine or
beer and each person or entity engaged in the business of brewing, manufacturing, or producing
beer or light wine shall comply with the requirements of section 5-27 in order to obtain a privilege
license to engage in such business within the city.
(Ord. of 3-5-2013(2), 3)
Sec. 5-26. - Permit and/or license required.
(a) Business premises. It is unlawful for any person to sell, give or dispense, or permit to be consumed
or possessed in or upon any premises operated as a business for profit, any alcoholic beverage, light
wine, or beer without first having secured a permit and/or license authorizing the sale of such
alcoholic beverage, light wine, or beer at retail.
(1) The premises described in subsection (a) of this section and secured by a permit and/or license
shall be defined as the premises approved by the alcoholic beverage control division of the
state tax commission. A copy of said approved premises (floor plan) shall be filed with the chief
of police; provided, further, it shall be unlawful for any person to consume alcoholic beverages,
light wine or beer outside of the approved premises of the business holding a permit and/or
license.
Page 100
(2) Any premises operated as a business for profit shall not include a clubhouse, game room or
similar facility made available without cost to the renter and/or owners of individual units within
the premises wherein alcoholic beverages, light wine or beer may be furnished free of charge
by said owners or renters to their guests; provided, further, that the owner or manager of any
business other than a restaurant may promote and advertise on the premises the
services/products of said business by furnishing free of charge to its customers of legal age any
alcoholic beverage, light wine or beer.
(3) Provided, however, the management of any restaurant that does not possess such a permit
and/or license may allow its customer to bring on the premises and consume with meals in the
restaurant area only light wine or beer or alcoholic beverages during the hours applicable to
licensed on-premises retailers; provided, further, that the management, including the owner of
any such restaurant, shall abide by and comply with all applicable chapters pertaining to onpremises retailers.
(b) Restaurants without on-premises retailer's permit. The owner of any restaurant that does not
possess on-premises retailer's permit before complying with subsection (a) of this section shall make
application to be provided by the city clerk and pay an annual fee of ten dollars ($10.00) for a
"restaurant consumption permit." Said permit shall be approved by the city council before said permit
is valid. Any violation of any of the chapters applicable to such restaurants shall result in a revocation
of the permit by said board.
(c) Occupancy capacity limitations. The number of occupants of any building or portion thereof shall not
be permitted to exceed the allowed or posted capacity. In addition, no person shall permit
overcrowding or admittance of any person beyond the approved capacity of any place of public
assembly. Any police official, upon finding any overcrowding conditions or obstructions in aisles,
passageways, or other means of egress, or upon finding any conditions which constitute a serious
menace to life, shall cause the performance, presentation, spectacle or entertainment to be stopped
until such conditions or obstructions are corrected.
(Ord. of 3-5-2013(2), 4)
Sec. 5-27. - Schedule of privilege taxes.
There is hereby imposed and assessed to be collected and paid annual privilege taxes on persons
engaged in the sale or distribution of light wines or beer for the privilege of engaging in or continuing in
such business in accordance with MCA 1972, 27-71-303, 27-71-345 and 67-3-27.
(Ord. of 3-5-2013(2), 5)
Sec. 5-28. - Violation; revocation of license.
(a) Individuals or entities holding retail beer and light wine privilege licenses. In addition to any other
penalties prescribed by law, any business entities violating the provisions of this chapter shall be
subject to the following penalties:
(1) First offense. A beer and light wine privilege licensee that violates the provisions of this chapter
may have such license suspended for a period of up to two (2) weeks.
(2) Second offense. A beer and light wine privilege licensee that violates the provisions of this
chapter a second time within three hundred sixty-five (365) calendar days of the first offense
may have such license suspended for a period of up to three (3) weeks.
(3) Third offense. A beer and light wine privilege licensee that violates the provisions of this chapter
a third time within three hundred sixty-five (365) calendar days of the first offense shall have its
license revoked. The licensee may reapply for such license, pursuant to the requirements of this
chapter, after two (2) years from the date of the third violation that led to such revocation.
Page 101
(b) Bartenders/servers. In addition to any other penalties proscribed by law, any bartender or server who
in any way violates the provisions of this article in his capacity as a bartender or server shall be guilty
of a misdemeanor and may be fined not exceeding the sum of five hundred dollars ($500.00), or
sentenced to serve not exceeding ninety (90) days in jail, or both. Further, any violation of a
bartender or server of any establishment holding a privilege license pursuant to this chapter shall
also be considered an offense of the establishment as defined in subsection (a) of this section.
(c) Compliance representatives. In addition to any other penalties prescribed by law, any compliance
representative who does not comply with the permit requirements of this article, or in any way
violates the provisions of this article in his capacity as a compliance representative and/or
bartender/server, shall be guilty of a misdemeanor and may be fined not exceeding the sum of five
hundred dollars ($500.00), or sentenced to serve not exceeding ninety (90) days in jail, or both, and
in addition any compliance representative permit issued to such person by the city shall be revoked.
Further, any violation of a compliance representative of any establishment holding a privilege license
pursuant to this chapter shall also be considered an offense of the establishment as defined in
subsection (a) of this section.
(Ord. of 3-5-2013(2), 6)
ARTICLE III. - RESERVED
FOOTNOTE(S):
--- (2) --Editor's noteSection 7 of an ordinance adopted March 5, 2013, repealed art. III, 5-355-41, which
pertained to brown bag regulations and derived from 17 of an ordinance adopted May 5, 1993.
Chapter 6 - ANIMALS AND FOWL

FOOTNOTE(S):
--- (1) --Cross reference Pet control on airport premises, 4-88; health and sanitation, Ch. 13; control of
animals within mobile home parks, 16-12; streets, sidewalks and other public places, Ch. 24

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall
be as follows:
Animal means any and all types of animals and other nonhuman living creatures, whether a member
of the animal kingdom or not, both domesticated and wild, male and female, singular and plural.
At large means off the premises of the owner or custodian of the animal and not under the control of
the owner or custodian, a member of the immediate family of the owner or custodian, or a person
expressly designated by the owner or custodian, either by means of a leash, cord, chain or other secure
means. For multifamily residential structures, the premises of the owner of the animal shall be construed
Page 102
as only that area under the direct physical control of the owner and shall not include common areas such
as, but not limited to, parking areas, common entry areas and driveways.
Cat means both the male and female sex of the feline species.
Dangerous animal means any animal as defined or determined to be vicious in nature according to
article V of this chapter.
Dog means the male and female sex of the canine species.
Fowl means any and all fowl, domesticated and wild, male and female, singular and plural.
Livestock means any farm or tame animals owned, kept or raised for profit or pleasure, with the
exception of domestic dogs and cats owned or kept as pets.
Owner means any person, partnership, association, firm or corporation owning, keeping or harboring
an animal.
Residence means any dwelling utilized or capable of being utilized for residential purposes.
(Ord. of 7-19-88(1), Art. I, 1; Ord. of 5-15-90, 1)

(a) This chapter shall apply to all animals and persons owning animals or in control or possession of
animals within the corporate limits of the city, regardless of when such animals were obtained,
acquired or otherwise received.
(b) Any person owning or in control or possession of animals of such a type or in such a manner so as
to be in violation of this chapter must come into full compliance with all terms of this chapter within
thirty (30) days of the ordinance from which this chapter was derived becoming effective. All
violations continuing at the expiration of this thirty-day period will be prosecuted to the fullest extent
of the law.
(Ord. of 7-19-88(1), Art. I, 2)

Sec. 6-3. - Enforcement responsibility.
(a) The police department and any other lawfully designated official or representative of the city shall
have the primary duty and responsibility of enforcing the provisions of this chapter. Any officer of the
city's police department and any such designated official or representative is fully authorized and
empowered to enforce any and all of the provisions hereof.
(b) Any official or representative of the city lawfully designated to enforce the provisions of this chapter
shall have the power and authority to issue summonses returnable to the municipal court or to any
other proper authority for violations of this chapter. Such summonses shall have the same full force
and effect as if issued by the police department.
(c) The police department or other designated official or representative of the city may develop and
utilize such forms as may be required and necessary to implement these powers and actively
enforce this chapter.
(Ord. of 7-19-88(1), Art. VI, 1)

Sec. 6-4. - Penalties.
Page 103
The failure or refusal of any person to comply with any of the provisions of this chapter and the
violation of any provision of this chapter by any person shall constitute a misdemeanor. Any person guilty
of any violation of any provision of this chapter shall, on conviction thereof, be subject to punishment
allowed by law. The municipal court is hereby authorized to establish a schedule of penalties for various
offenses, subject to review by the mayor and board of aldermen.
(Ord. of 7-19-88(1), Art. VI, 2)

Sec. 6-5. - Places where animals kept to be clean.
It shall be unlawful for any lot, stall, stable or other place where animals are kept to be in an unclean,
filthy or unsanitary condition. All lots, stalls, stables and other places where cattle, horses, mules, hogs, or
other animals are lawfully kept for any purpose whatever, anywhere in the city, shall be kept clean and
wholesome by the removal of all offensive matter and by suitable cleansing and disinfecting as often as
may be necessary, which is hereby required and made the duty of every person having, owning or
controlling such places.
(Ord. of 7-19-88(1), Art. II, 3)

Sec. 6-6. - Promoting animal fights prohibited.
It shall be unlawful for any person to promote or allow or cause to be promoted or allowed any fight
involving animals within the corporate limits of the city.
(Ord. of 7-19-88(1), Art. II, 4)

State Law reference Promoting or having interest in animal or cock fights prohibited, MCA
1972, 97-41-11.
Sec. 6-7. - Animals making excessive noise.
(a) Definitions. As used in this section:
Excessive noise means and includes any noise made and produced by an animal which is so loud or
continuous or untimely so as to disturb the sleep of a neighbor, interfere with the proper enjoyment of a
neighbor's property, or create a material disturbance or discomfort to a neighbor.
Neighbor means an individual residing in a residential structure that is within three hundred (300)
feet of the property on which the animal is kept or harbored and who does in writing state that he will
testify under oath to such animal making excessive noise.
(b) Prohibited. No person shall own or keep any animal which by making excessive noise disturbs a
neighbor or neighborhood.
(c) Issuance of subpoena in contested proceedings. Should a charge of a violation under this section be
contested, a subpoena shall be issued to the disturbed neighbor requiring his testimony in the
matter.
(Ord. of 7-19-88(1), Art. II, 5)

Cross reference Noise generally, 19-21 et seq.; noisy animals, 19-35
Sec. 6-8. - Cruelty to animals.
Page 104
It shall be unlawful for any person to overcrowd, overwork, willfully or maliciously torture, torment,
beat, kick, mutilate, injure, disable or needlessly kill any animal or to carry in any vehicle or otherwise
transport in a cruel or inhumane manner any animal or to cause any of these acts to be done. It shall be
unlawful for any person having charge or custody of any animal to fail to provide it with proper food, drink
and protection from the weather or to cause any of these acts to be done.
(Ord. of 5-15-90, 2)
State Law reference Injuring dogs prohibited, MCA 1972, 97-41-16.
ARTICLE II. - LIVESTOCK
Sec. 6-21. - Restrictions on keeping in certain areas.

(a) It shall be unlawful for any person to house, keep or confine any livestock in any area of the city
zoned for residential or business purposes, unless the livestock is kept in an open area of at least
one (1) acre per animal, with no part of the area lying within two hundred fifty (250) feet of any
residence.
(b) The following are exempt from the requirements of this section:
(1) Any duly authorized livestock or cattle barn permitted to lawfully operate within the city;
(2) Any lawfully operated animal hospital or animal shelter;
(3) Any hospital for humans or laboratory lawfully using animals for research or experimental
purposes;
(4) Any lawfully operated livestock show, rodeo, carnival, charitable function or similar event at
which the presence of animals is a part of the temporary event.
(Ord. of 7-19-88(1), Art. II, 1)

Sec. 6-22. - Keeping swine within the city.
(a) It shall be unlawful for any person to raise or keep hogs and pigs within the corporate limits of the
city.
(1) Any duly authorized dealers in hogs or pigs permitted to lawfully maintain hog and pig pens
within the city, provided that no such pens are located within areas of the city zoned for
residential or business purposes, and provided that all such pens meet all state and local health
and sanitation requirements.
which the presence of animals is a part of the temporary event.
(Ord. of 7-19-88(1), Art. II, 2)

State Law reference Authority to regulate or prohibit hog pens, MCA 1972, 21-19-1.
Page 105
Sec. 6-23. - Riding, driving animals on sidewalks.

It shall be unlawful for any person to ride or drive a horse or other like animal or to stop or stand any
horse or like animal upon any sidewalk in the city.
(Ord. of 7-19-88(1), Art. II, 6)

Sec. 6-24. - Horses, mules standing in streets.
It shall be unlawful for any horse or mule to be allowed to stand in any street unless the driver or
rider is in charge of the same or unless the animal is securely hitched to a sufficient weight of not less
than twenty (20) pounds.
(Ord. of 7-19-88(1), Art. II, 7)

Sec. 6-25. - Running at large or allowing on streets or sidewalks.
It shall be unlawful for any person who may own or have in his possession or control, any horse,
mule, ox, cow, yearling, sheep, goat, hog or other livestock to intentionally, knowingly, carelessly or
negligently permit such animal to run or be at large at any time within the corporate limits of the city. It
shall also be unlawful for any person who may own or have in his possession or control any such animal
to permit such animal on any vacant property in the city adjacent to any street or sidewalk or be so near
thereto so as to allow or permit such animal to be or go upon any sidewalk or street within the corporate
limits of the city.
(Ord. of 7-19-88(1), Art. II, 8)

State Law reference Allowing livestock to run at large on lands of another person prohibited,
MCA 1972, 69-13-1; municipal authority to regulate animals running at large, MCA 1972,
21-19-9.
Sec. 6-26. - ImpoundmentGenerally; registration.
It shall be the duty of any police officer or other official of the city designated by order or resolution to
apprehend any and all livestock or other animals found in violation of this article and to impound such
animals in a suitable place, public or private, to be selected by such official. Upon the impounding of such
animals, the designated official shall make a complete registry thereof, entering the date, kind of animal,
sex, color, brand, if any, and other identifying marks, place of apprehension and the name and address of
the place where such animals are impounded.
(Ord. of 7-19-88(1), Art. II, 9)

Sec. 6-27. - SameNotice.
Upon the apprehension and impounding of any livestock, the city shall cause notice to be given by
one (1) publication in a newspaper published in or of general circulation within the city stating the fact of
the apprehension and impounding of such livestock, a general description thereof, and setting a date for
the sale of such livestock at public auction, at a place and time therein named, which date shall not be
less than ten (10) and not more than twenty (20) days from the date of such publication; in addition, the
city shall cause copies of such notice to be posted at three (3) public places in the city on the date
Page 106
corresponding with the newspaper publication of notice. Such sale may be made at the place of
impoundment of such livestock, or at the city hall or at the county courthouse.
(Ord. of 7-19-88(1), Art. II, 10)

Sec. 6-28. - SameRedemption prior to sale.
If any person admits the ownership of any livestock impounded pursuant to this article, such person
shall be subject to punishment as prescribed herein for violations of this article and, in addition, shall pay
all costs incurred in the apprehending and impounding of such livestock and all costs and expenses
incurred in the publication of notice required and in the feeding, maintaining and housing of such livestock
after apprehension and impoundment. All required fines, costs, and expenses shall be paid to the city
before such impounded livestock may be released to such person.
(Ord. of 7-19-88(1), Art. II, 11)

Sec. 6-29. - SameSale required if unredeemed; disposition of proceeds.
If no person admits the ownership of such livestock or, if admitting ownership, refuses or fails to pay
all penalties, costs and expenses due against such impounded livestock as prescribed herein, then such
impounded livestock may be sold at public outcry to the highest bidder for cash. After the deduction from
the proceeds of such sale, all penalties due, the cost of impounding, the expense of feeding, maintaining
and housing such livestock, and the expense of sale, the net proceeds becoming a part of the general
funds of the city.
(Ord. of 7-19-88(1), Art. II, 12)

ARTICLE III. - FOWL
Sec. 6-46. - Restrictions on keeping in certain areas.

(a) It shall be unlawful for any person to house, keep or confine any chicken, duck, turkey, goose or
other domestic fowl in any area of the city zoned for residential or business purposes, unless:
(1) The domestic fowl is kept in an open area of at least one (1) acre, with no part of the area lying
within two hundred fifty (250) feet of any residence; or
(2) The domestic fowl is kept penned in such a manner as to restrict the movement of such fowl
completely to the penned area. No such penned area shall exceed two hundred (200) square
feet in size nor violate health regulations.
(1) Any duly authorized dealers in domestic fowl permitted to lawfully maintain pens for such fowl
within the city, provided that no such pens are located within areas of the city zoned for
residential or business purposes, and provided that all such pens meet all state and local health
and sanitation requirements;
(2) Any lawfully operated animal hospital or animal shelter;
(3) Any hospital for humans or laboratory lawfully using animals for research or experimental
purposes;
Page 107
which the presence of such fowl is a part of the temporary event.
(Ord. of 7-19-88(1), Art. III, 1)

Sec. 6-47. - Places where fowl kept to be clean.
It shall be unlawful for any lot, stall, stable or other place where fowl are kept to be in an unclean,
filthy or unsanitary condition. All lots, stalls, stables and other places where fowl are lawfully kept for any
purpose whatever, anywhere in the city, shall be kept clean and wholesome by the removal of all
offensive matter and by suitable cleansing and disinfecting as often as may be necessary which is hereby
required and made the duty of every person having, owning or controlling such places.
(Ord. of 7-19-88(1), Art. III, 2)

Sec. 6-48. - Promoting fights between fowl prohibited.
It shall be unlawful for any person to promote or allow or cause to be promoted or allowed any fight
involving fowl within the corporate limits of the city.
(Ord. of 7-19-88(1), Art. III, 3)

State Law reference Promoting or having interest in animal fights or cockfights prohibited,
MCA 1972, 97-41-11.
Sec. 6-49. - Domestic fowl running at largeProhibited.
It shall be unlawful for any person who may own or have in his possession or control any chicken,
duck, turkey, goose or other domestic fowl to intentionally, knowingly, carelessly or negligently permit any
such domestic fowl to run or be at large at any time within the corporate limits of the city.
(Ord. of 7-19-88(1), Art. III 4)

Sec. 6-50. - SameConfiscation and destruction.
(a) It shall be the duty of any police officer or other official of the city designated by order or resolution to
apprehend any and all fowl found in violation of this article. Such officers or officials may, at their
discretion:
(1) Destroy such fowl at the location where they may be apprehended; or
(2) Impound such animals in a suitable place, private or public, to be selected by such officials, to
be later destroyed at their convenience.
(b) Should any such fowl enter the lands or premises of any person other than the owner or person
having possession or control thereof, such person upon whose land or premises such fowl shall go,
shall be and is hereby given the right to apprehend and hold such fowl for disposition by proper
officials as indicated herein.
(Ord. of 7-19-88(1), Art. III, 5)

Page 108
ARTICLE IV. - DOGS

FOOTNOTE(S):
--- (2) --State Law reference Authority to tax, regulate dogs, MCA 1972, 21-19-9.
Sec. 6-66. - Maintenance of pens and yards.

(a) All pens and other enclosed areas within which dogs may be enclosed shall be kept in a clean and
sanitary manner and free from odor.
(b) The number of dogs kept in all pens and other enclosed areas shall not be large enough to interfere
with the proper enjoyment of nearby property or to create a material annoyance, disturbance or
discomfort to adjoining property owners. Any dog or dogs, regardless of number or size, which, due
to excessive barking or howling, cause such an interference, annoyance, disturbance or discomfort,
shall be deemed, upon inspection and verification by any police officer or other designated city
official, to be in violation of this section.
(c) Neither the number of dogs nor the manner in which they are kept shall be such as to create a public
or private nuisance.
(Ord. of 7-19-88(1), Art. IV, 8)

Sec. 6-67. - Running at largeGenerally.
It shall be unlawful for any person who owns or has in his possession or under his control or who
keeps or harbors any dog within the corporate limits of the city to cause or permit any such dog to be at
large within the city unless such dog is under the actual physical control of such person.
(Ord. of 7-19-88(1), Art. IV, 2)

Sec. 6-68. - SameFemale dogs in heat.
It shall be unlawful for any person who owns or has in his possession or under his control or who
keeps or harbors any female dog in heat within the corporate limits of the city to cause or permit any such
female dog in heat to be at large within the city at any time. Every female dog in heat shall be kept
confined in a building or other secure enclosure in such a manner that such female dog cannot come into
contact with another animal except in the instances of planned breeding activities.
(Ord. of 7-19-88(1), Art. IV, 3)

Sec. 6-69. - SameImpoundment, redemption or disposition of dogs.
(a) If any dog is caused or permitted or is found to be at large within the corporate limits of the city in
violation of the provisions of this article, such dog may be apprehended and impounded by any
police officer or other designated official of the city, to be held or disposed of as herein provided.
Page 109
(b) If any such dog is so impounded, the same shall be released to the owner thereof only if payment is
made within five (5) working days to the city or its designee such sums as may be designated from
time to time by the mayor and board of aldermen for compensation for catching or otherwise
apprehending such dog and for harboring and caring for such dog on a daily basis during the time of
impoundment.
(c) In addition to or in lieu of impounding a dog found at large, any police officer or designated official of
the city may issue to the person known to own or be in possession or control of such dog a citation
for any violation of this article. Any fines imposed, as set from time to time by the mayor and board of
aldermen, shall be paid within three (3) working days of such citation. If such fine is not paid within
the time prescribed, a criminal warrant shall be issued for such person who may, upon conviction of
such offense before city court, be punished as provided in section 1-8 of this Code.
(d) All fees and fines imposed pursuant to this section shall be paid by any violator before a dog
impounded pursuant to this article shall be released. If such fees and fines are not paid within five (5)
working days, then any such dog so impounded may be destroyed or otherwise disposed of.
(Ord. of 7-19-88(1), Art, IV, 4)

DIVISION 2. - RABIES CONTROL
Sec. 6-81. - Rabies vaccination required; tags.

(a) Every person who owns or has in his possession or who keeps or harbors any dog within the
corporate limits of the city shall have and keep such dog inoculated (vaccinated) against rabies, as
provided by the laws of the state and as provided by the rules and regulations prescribed and
promulgated by the state board of health. It shall be unlawful for any person to own, possess, keep
or harbor any dog within the corporate limits of the city unless such dog has been so inoculated
against rabies.
(b) Every dog so vaccinated must bear a suitable metal tag approved by the state board of health which
shall be branded to the collar or harness of such dog, which tag shall have stamped thereon the
serial number of the vaccination and the year in which such dog was vaccinated. If any dog should
be without such tag at any time, such action shall be prima facie evidence that the owner has failed
to have such dog vaccinated as provided by law, and such action shall be a violation of this article.
(Ord. of 7-19-88(1), Art. IV, 1)

State Law reference Rabies inoculation of dogs and cats required, MCA 1972, 41-53-1.
Sec. 6-82. - Confinement and disposition of rabid and suspected rabid animals.
If any dog within the city shall at any time have rabies or be suspected by the county health officer or
his representative of having rabies or shall have been exposed to rabies, such dog shall be safely
confined and in all respects dealt with in accordance with the direction of such officer or representative.
(Ord. of 7-19-88(1), Art. IV, 7)

Sec. 6-83. - Killing of rabid or suspected rabid dogs at large.
Page 110
It shall be the lawful duty of any police officer or other lawfully designated official of the city to kill any
dog suffering from rabies or any dog reasonably and in good faith suspected of suffering from rabies
found at large within the corporate limits of the city, without requiring such officer or official to catch or
impound such dog.
(Ord. of 7-19-88(1), Art. IV, 5)

Sec. 6-84. - Rabies quarantine proclamation authorized; effect.
Whenever the mayor and board of aldermen find and adjudge, by order or resolution duly passed by
them and entered upon their minutes, that it has become necessary to further safeguard the public from
the dangers of hydrophobia, they may, in the exercise of their sound discretion, issue a proclamation
directing every person owning or possessing a dog in the city to securely confine such dog on the
premises of the owner thereof. Any dog caused or permitted to be at large in violation of the terms of any
such proclamation may be impounded and dealt with as provided in this article. Before issuing any such
proclamation, the mayor and board of aldermen may, in their discretion, seek and abide by the advice of
the health officer of the county or other representative of the state board of health.
(Ord. of 7-19-88(1), Art. IV, 6)

ARTICLE V. - DANGEROUS ANIMALS
FOOTNOTE(S):
--- (3) --State Law reference Importation, sale and possession of inherently dangerous wild animals, MCA
1972, 49-8-1 et seq.
Sec. 6-96. - Definition.

(a) The following animals are hereby found and determined to be dangerous animals and as such are
subject to all requirements and provisions of this article:
(1) Any animals, other than domestic dogs and cats, which in a wild state are carnivorous or
poisonous or which, due to their physical makeup or capabilities, are capable of inflicting
serious physical harm or death to human beings. This includes, but is not limited to, animals
belonging to the cat or snake family, including all constrictors, bears, wolverines, badgers, lions,
tigers and such other animals as the board of aldermen may from time to time determine by
order or resolution to be vicious animals. The city clerk is authorized to compile and maintain a
list of such animals as may be determined to be regulated by this article.
(2) Any pit bull terrier, which shall be herein defined as any Staffordshire bull terrier breed of dog or
any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire
bull terrier or American Staffordshire bull terrier so as to be identifiable as partially of the breed
of Staffordshire bull terrier or American Staffordshire bull terrier by any qualified veterinarian
duly licensed as such by the state.
(3) Any domestic dog or cat or any other animal that exhibits any of the following characteristics:
Page 111
a.
Without provocation approaches, in a threatening or terrorizing manner, any person in an

apparent attitude of attack or exhibits any behavior that constitutes a physical threat of
bodily harm to a person upon the streets, sidewalks, any public or common grounds or
places, or in any place where such person is conducting himself peaceably and lawfully;
b.
Without provocation bites, inflicts injury, assaults or otherwise attacks a person, in any
place where such person is conducting himself peaceably and lawfully, or animal when
such animal is not on the property of the owner of the attacking animal;
c.
A known propensity, tendency or disposition to attack without provocation, to cause injury,

or to otherwise endanger the safety of human beings or other domestic animals;
d.
Owned or harbored primarily or in part for the purpose of fighting or any animal trained for
fighting.
(b) For the purposes of this article, a person shall be considered to be peaceably and lawfully upon the
private property of an owner of an animal when he is on such property in the performance of any
duty imposed upon him by any laws or postal regulations of the United States or any political
subdivision thereof or when he is on such property upon invitation, expressed or implied.
(c) The provisions of this section notwithstanding, no animal may be determined to be dangerous due to
the fact that it:
(1) Inflicts injury or damage on a person who is committing a willful trespass or other tort upon the
premises occupied by the person owning or in possession of the animal or who is teasing,
tormenting, abusing or assaulting the animal or who is committing or attempting to commit a
crime;
(2) Inflicts injury or damage on another domestic animal that is or was teasing, tormenting, abusing
or assaulting the animal;
(3) Takes any action to defend or protect a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
(d) Unless specifically stated to the contrary, the following are exempt from the requirements of this
article:
(1) Any duly authorized and lawfully operating dealers in animals within the city;
(2) Any lawfully operated circus, carnival, performing act or similar functions and events of a
temporary nature as may be authorized by the city;
(3) Dogs or other animals lawfully used to guard private property;
(4) Dogs or other animals assisting a peace officer engaged in law enforcement duties;
(5) Animals in a licensed veterinary, animal or small animal hospital for treatment or kept in a bona
fide educational, medical or other research institution or in zoos, museums or similar places
where such animals are kept as live exhibits or for study.
(Ord. of 7-19-88(1), Art. V, 1)

Sec. 6-97. - Licensing, registration and permits.
(a) No dangerous animal may be owned, kept, possessed or harbored within the city without the owner
or person in possession or control of such animal first obtaining a license or permit from the city. An
application for such license or permit shall include the name and address of the owner, the address
at which the animal will be located or confined, a description of measures to be taken to secure the
Page 112
animal, a complete description of the animal, including type of animal, sex, color and other
distinguishing marks, and, at the city's discretion, a photograph of the animal.
(b) Persons owning or in possession or control of dangerous animals shall, upon the birth, death or
transfer of such animals, report such fact to the city. A separate license or permit shall be issued for
each dangerous animal. Upon the transfer of any dangerous animal, a statement shall be filed with
the city stating the name and address of the person to whom the animal is sold or transferred and
the address at which the animal is to be located, if known.
(c) The application for such license or permit must be signed and dated by the owner or the person in
possession or control of the dangerous animal. The owner or person in possession or control must
sign a statement attesting to the fact that all provisions of this chapter have been and will be
complied with in their entirety, and that the city shall be notified immediately of any attack or other
violation of this chapter by such animal in his possession or control.
(d) A one-time fifty dollar ($50.00) fee per dangerous animal shall be required for the issuance of a
license or permit. The fee amount may be adjusted from time to time by the Tupelo City Council.
(e) Any owner or person in possession or control of a dangerous animal who fails to obtain a license or
permit from the city shall be fined one hundred fifty dollars ($150.00) per dangerous animal. The
owner or person in possession or control shall have ten (10) days from the date the city provides
written notice of such failure to obtain a license or permit. Failure to obtain a license or permit within
the ten (10) day time period shall subject the owner to an additional fine of one hundred fifty dollars
($150.00) per day for each dangerous animal until such permit or license is obtained.
(f)
Any license or permit issued pursuant to this section shall be revocable upon any non-compliance
with any of the terms of this chapter by any person owning or in possession or control of any
dangerous animal.
(Ord. of 7-19-88(1), Art. V, 2; Ord. of 5-21-02, 2)

Cross reference Licenses and miscellaneous business regulations, Ch. 15
State Law reference Authority for municipal regulation of wild animals, MCA 1972, 49-817.
Sec. 6-98. - Posting of premises.
(a) All premises upon which a dangerous animal is kept, possessed or harbored shall be posted with
signs that are conspicuously visible to the public and legible from property, public or private, adjacent
to such premises. Such signs or notices shall contain letters of not less than two (2) inches in height
and a message sufficient to warn the general public of the presence of the dangerous animal. Such
signs shall be placed at all locations where entry to the owner's property is common and expected
and upon all enclosures within which dangerous animals are confined, including residences and
other structures.
(b) The absence of any required signs shall be considered prima facie evidence of a violation of this
section. Signs shall be constructed and maintained in a manner to withstand the elements.
(c) Notwithstanding the exemptions granted in section 6-96(d) of this article, the requirements of this
section shall apply to all duly authorized and lawfully operated dealers in animals within the city any
lawfully operated circus, carnival, performing acts or similar functions and events of a temporary
nature as may be authorized by the city and to any premises utilizing dogs or other animals lawfully
for guard purposes.
(Ord. of 7-19-88(1), Art. V, 3)
Page 113
Sec. 6-99. - Confinement required.

(a) All dangerous animals shall be kept confined within the residence or other permanent structure on
the premises of the owner or other person in possession or control of such animals or within an
enclosure as defined in this section.
(b) All dangerous animals to be kept on the premises of the owner or person having possession or
control of such animals and not within the residence or other permanent structure shall be confined
within a fence or structure area of at least four (4) feet in height, forming a confined area sufficient to
prevent the entry of young children and, in conjunction with tethering or other measures, effective in
containing a dangerous animal. Such enclosure shall be securely closed and locked and equipped
with secure sides, top and bottom, and shall be designed to prevent the animal from escaping the
enclosure. The bottom of such enclosure shall be concrete, and the sides and top shall be
constructed of steel wire or other materials sufficient to prevent the animal from escaping the
enclosure. The city reserves the right to issue more specific confinement requirements in instances
where enclosures prove to be insufficient to prevent escape of such animals or to prevent such
animals from coming into contact with people adjacent to such enclosures.
(c) Such enclosure, fence or structure must be at least five (5) feet from any fenced property line of the
owner or person in control or possession of such animals, provided that such enclosure, fence or
structure is within a separately and totally enclosed fenced area. In the event that the area of the
property of the owner or person in control or possession of such animals devoted to the confinement
or enclosure of such animals is not within a separately and totally enclosed fenced area, any animals
confined in such enclosure must be securely tethered or otherwise restrained so that they cannot
come within five (5) feet of the walls of the enclosure or area within which they are confined.
(d) No dangerous animal shall be allowed outside of the residence or required enclosure unless it is
securely muzzled and restrained with a chain, having a minimum tensile strength of three hundred
(300) pounds and not exceeding three (3) feet in length, and under the direct control and supervision
of the owner.
(Ord. of 7-19-88(1), Art. V, 4)

Sec. 6-100. - Determination of status, impoundment, redemption or disposition of dangerous animals.
(a) Any police officer or any other lawfully designated official or representative of the city shall have the
right to enter any private property for the purpose of inspecting the property for the presence of
dangerous animals or for the performance of other duties in the enforcement of this article. Any
police officer or other lawfully designated official or representative of the city having probable cause
to believe that an animal is dangerous shall conduct or cause to be conducted an investigation into
the facts of each such case. The owner of the animal shall be notified of the investigation and shall
have the opportunity to present evidence as to why the animal should not be determined to be
dangerous. The results of this investigation and any such determination shall be made in writing and
shall constitute an administrative action of the city, appealable according to law. The results of any
investigation with respect to a particular animal shall not bar the city from investigating any
subsequent actions of the animal.
(b) Should any police officer or other designated official or representative of the city have reason to
believe that an animal is vicious and may pose a threat of serious harm to persons or other domestic
animals, the officer or official may immediately seize and impound the animal, pending an
investigation as described in this section.
(c) Any police officer or other lawfully designated official or representative of the city, upon complaint by
any citizen or on his own initiative, may make inquiries to determine compliance with this article and
may seize and impound any animal found in violation of any of its provisions.
(d) If any animal is caused or permitted or is found to be within the corporate limits of the city and in
violation of the provisions of this article, such animal may be apprehended and impounded by any
Page 114
police officer or other designated official of the city, to be held or disposed of as provided in this
section.
(e) If any such animal is so impounded, the animal shall be released to the owner thereof only if
payment is made within five (5) working days to the city or its designee of such sums as may be
designated from time to time by the mayor and board of aldermen for compensation for catching or
otherwise apprehending such animal and for harboring and caring for such animal on a daily basis
during the time of impoundment.
(f)
In addition to or in lieu of impounding an animal found in violation of this article, any police officer or
designated official of the city may issue to the person known to own or be in possession or control of
such animal a citation for any violations of this article. Any fines imposed, as set from time to time by
the mayor and board of aldermen, shall be paid within three (3) working days of such citation. If such
fine is not paid within the time prescribed, a criminal warrant shall be issued for such person who
may, upon conviction of such offense before the city court, be punished as provided in section 1-8 of
this Code.
(g) All fees and fines imposed pursuant to this section shall be paid by any violator, and all other
requirements of this chapter with respect to a dangerous animal shall be met before an animal
working days, then any such animal so impounded may be destroyed or otherwise disposed of.
(Ord. of 7-19-88(1), Art. V, 5)

Sec. 6-101. - Killing of dangerous animals.
When any dangerous animal, in the judgment of any police officer or other designated official or
representative of the city, poses a serious and immediate threat of serious harm or injury to human life, it
shall be the lawful duty of such officer or official to kill such animal, without requiring such officer or official
to catch, restrain or impound such animal.
(Ord. of 7-19-88(1), Art. V, 6)

Sec. 6-102. - Additional remedies for violations.
(a) Should any dangerous animal, when unprovoked, kill or wound or assist in killing or wounding any
livestock, fowl or other domestic animal belonging to or in possession of any person or attack, bite or
otherwise assault or injure any human being or assist in doing so, whether out of or within any
required enclosure of the owner or person in possession or control or whether on or off the property
of the owner, whether or not such animal is leashed or muzzled, and whether or not such animal
escaped without the fault of the owner, the owner of the animal shall be liable to the person
aggrieved for all damages sustained, to be recovered in a civil action, with costs of suit. It is
rebuttably presumed as a matter of law that the owning, keeping or harboring of a dangerous animal
in violation of this article is a nuisance. It shall not be necessary, in order to sustain such action, to
prove that the owner of such dangerous animal knew that the animal possessed the propensity to
cause such damage or that the animal had a dangerous nature.
(b) Nothing in this chapter shall be construed so as to restrict any other remedies at law available to
persons aggrieved by any attack of a vicious animal, nor so as to prohibit criminal prosecution of
persons owning or in possession of such animals as may be allowed by law.
(c) Should any employee of or person carrying out contractual responsibilities for the city be attacked by
any dangerous animal or other animal while such employee or person is engaged in the lawful
performance of his official duties, any rights, privileges or services enjoyed by the residents of
property on which the attack occurs or by the owner of such animal, at the discretion of the city, may
be immediately terminated without further notice. This includes, but is not limited to, termination of
Page 115
water, sewer and electrical service, termination of garbage pickup service, and revocation of building
permits or privilege licenses.
(Ord. of 7-19-88(1), Art. V, 7)

ARTICLE VI. - CATS
Sec. 6-121. - Rabies vaccination; tags for cats.

(a) Every person who owns or has in his possession or who keeps or harbors any cat within the
corporate limits of the city shall have and keep such cat inoculated (vaccinated) against rabies, as
provided by the laws of the state and as provided by the rules and regulations prescribed and
promulgated by the state board of health. It shall be unlawful for any person to own, possess, keep
or harbor any cat within the corporate limits of the city unless such cat has been so inoculated
against rabies.
(b) Every cat so vaccinated must bear a suitable metal tag approved by the state board of health, which
shall be braided to the collar or harness of such cat and shall have stamped thereon the serial
number of the vaccination and the year in which such cat was vaccinated. If any such cat should be
without such tag at any time, such action shall be prima facie evidence that the owner has failed to
have such cat vaccinated as provided by law and such action shall be a violation of this article.
(Ord. of 5-15-90, 3)
State Law reference Rabies inoculation for dogs and cats required, MCA 1972, 41-53-1.
Sec. 6-122. - Nuisances.
It shall be unlawful for any person to own, or allow to be in or upon any premises occupied by him or
under his charge or control, any cat that in any manner injures or destroys any real or personal property
of any description belonging to another. In addition to any fine imposed, the person so offending shall
make restitution to the party injured in an amount equal to the value of the property so injured or
destroyed.
(Ord. of 5-15-90, 3)
Sec. 6-123. - Impoundment, redemption or disposition of cats in violation.
(a) If any cat within the corporate limits of the city is found to be in violation of the provisions of this
article, such cat may be apprehended and impounded by any police officer or other designated
official(s) of the city, to be held or disposed of as herein provided.
(b) If any such cat is so impounded, the same shall be released to the owner thereof only if payment is
made within five (5) working days to the city or its designee such sums as may be designated from
time to time by the mayor and board of alderman for compensation for catching or otherwise
apprehending such cat and for harboring and caring for such cat on a daily basis during the time of
impoundment.
In addition to or in lieu of impounding a cat in violation of this article, any police officer or designated
official(s) of the city may issue to the person known to own or be in possession or control of such cat a
Page 116
citation for any violations of this article. Any fines imposed, as set from time to time by the mayor and
board of aldermen, shall be paid within three (3) working days of such citation. If such fine is not paid
within the time prescribed, a criminal warrant shall be issued for such person, who may, upon conviction
of such offense before city court, be punished as allowed by law.
(c) All fees and fines imposed pursuant to this section shall be paid by any violator before a cat
working days, then any such cat so impounded may be destroyed or otherwise disposed of.
(Ord. of 5-15-90, 3)
Sec. 6-124. - Maintenance of pens and yards.
(a) All pens and other enclosed areas within which cats may be enclosed shall be kept in a clean and
sanitary manner and free from odor.
(b) The number of cats kept in all pens and other enclosed areas shall not be large enough to interfere
with the proper enjoyment of nearby property or to create a material annoyance, disturbance or
discomfort to adjoining property owners. Any cat or cats, regardless of number or size, which, due to
excessive noise, cause such an interference, annoyance, disturbance or discomfort shall be
deemed, upon inspection and verification by any police officer or other designated city official, to be
in violation of this section.
(c) Neither the number of cats nor the manner in which they are kept shall be such as to create a public
or private nuisance.
(Ord. of 5-15-90, 3)
Chapter 7 - BUILDINGS AND BUILDING REGULATIONS
FOOTNOTE(S):
--- (1) --Cross reference Citation authority of building inspector, 2-38; sign code, 3-21 et seq.; airport, Ch.
4; emergency management, Ch. 9; fire prevention and protection, Ch. 10; flood damage prevention and
control, Ch. 11; garbage, trash and refuse, Ch. 12; removal of construction debris, 12-9; health and
sanitation, Ch. 13; mobile homes and mobile home parks, Ch. 16; noise restrictions for building
operations, 19-33; parks and recreation, Ch. 20; planning, Ch. 21; streets, sidewalks and other public
places, Ch. 24; utilities, Ch. 26; subdivision regulations, App. A; zoning regulations, App. B.
State Law reference Authority and procedure for adoption of building codes, MCA 1972, 21-19-25.
Sec. 7-1. - Designation of code enforcement official.

The City of Tupelo Building Official is hereby designated as the building official with responsibilities
as contained in the building, plumbing, gas, mechanical and swimming pool codes, and as the housing
official as contained in the housing code.
(Ord. of 9-17-91, 1; Ord. of 12-20-94, 1)
Page 117
Cross reference Administration generally, ch. 2

Sec. 7-2. - Citations of ordinance violations.
The department of development services and the fire department are hereby granted authority to
issue citations returnable to city court or to other proper authority for violations of any of the ordinances
which are enforced by such department and such citations shall have the same full force and effect as if
issued by the police department of the city.
(1) Citation as notice to person responsible. Whenever the code official determines that there has
been a violation of a city code or ordinance or has grounds to believe that a violation has
occurred, a citation shall be given in the manner prescribed below to the person or persons
responsible for the violation as specified in this code.
(2) Form. Such citation prescribed in section 7-2(1) shall be in accordance with the following:
a.
In written form.
b.
Identifying the property location of the violation.
c.
Identifying the code section violated.
d.
Providing a date for appearance in municipal court.
(3) Method of service. Such violation shall be deemed to be properly served if a copy thereof is:
a.
Delivered personally;
b.
Sent by mail addressed to the last known address; or
c.
Posted in a conspicuous place in or about the structure or property affected by the citation.
(4) Alternate form of citation. At the discretion of the director of development services or designee,
notice may be given identifying violations and required corrective actions in greater detail, and
providing a deadline for re-inspection rather than an immediate court appearance date.
(5) Repeat violations. Notice shall not be required if the person responsible has been notified of a
previous violation of the same code section.
(Ord. of 1-17-2012(1), 1)
Editor's note An ordinance adopted Jan. 17, 2012, deleted 7-2, in its entirety and enacted
new provisions to read as herein set out. Prior to this amendment, 7-2 pertained to "Citations
for ordinance violations." See Code Comparative Table for derivation.
Sec. 7-3. - Construction board of adjustments and appeals.
The Tupelo License Commission shall serve as the construction board of adjustments and appeals
as created by the city's construction codes as hereinafter adopted in this chapter and as the housing
board of adjustments and appeals as created by the housing code.
(Ord. of 9-17-91, 1; Ord. of 12-20-94, 1)

Sec. 7-5. - Fire district.
Page 118
The following shall be and or hereby declared to be the boundaries of the fire district for the
downtown area of the City of Tupelo, Mississippi:
Downtown area means the area bounded by the northern right-of-way of Jefferson Street on the
north, the eastern right-of-way of Front Street on the east, the southern right-of-way of Magazine
Street on the south, and the western right-of-way of Church Street on the west. (See chapter 17,
section 17-111, page 925 for above description source.)
(Ord. of 9-17-91, 1; Ord. of 12-20-94, 1)

Cross reference Fire prevention and protection, ch. 10
ARTICLE II. - BUILDING CODE
FOOTNOTE(S):
--- (2) --Cross reference Electrical code, 7-46 et seq.; gas code, 7-61 et seq.; housing code, 7-81 et
seq.; plumbing code, 7-96 et seq.; swimming pool code, 7-116 et seq.; mechanical code, 7-131 et
seq.; fire prevention code, 10-1 et seq.
Sec. 7-26. - Adopted.

The International Building Code, 2006 Edition, excluding appendices, is hereby adopted by
reference as if it were copied fully herein: except that Section 105.2 is amended to state that all accessory
storage and other similar accessory buildings require a building permit from the Tupelo Planning
Department; and except that Section 112 shall be amended to state that the Tupelo License Commission
as set forth in section 7-147 of the Tupelo Code of Ordinances shall serve as the Board of Appeals
described in this section of the 2006 International Building Code; and except as otherwise modified by
this chapter.
(Ord. of 9-17-91, 1; Ord. of 8-4-92, 1; Ord. of 12-20-94, 1; Ord. of 11-3-98, 1; Ord. of 42-02(1), 1; Ord. of 3-9-07, 1)
ARTICLE III. - ELECTRICAL CODE
FOOTNOTE(S):
--- (3) --Cross reference Building code, 7-26 et seq.; gas code, 7-61 et seq.; housing code, 7-81 et seq.;
plumbing code, 7-96 et seq.; swimming pool code, 7-116 et seq.; mechanical code, 7-131 et seq.;
fire prevention code, 10-1 et seq.
Page 119

The National Electric Code, 2005 Edition is hereby adopted by reference as if fully set herein, with
the following exceptions:
(a) Non-metallic cable in commercial use is restricted to wood frame construction.
(b) No aluminum wire is allowed inside of building.
(c) No general purpose or lighting circuits have conductors smaller than #12 AWG.
(d) Any electrical service of two hundred twenty-five (225) amp rating or less must have a single
means of disconnect. Also, any services with more than one means of disconnect must have
each means of disconnect labeled with the total number of disconnects installed.
(e) Other exceptions and modifications included in this chapter.
ARTICLE IV. - FUEL GAS CODE
FOOTNOTE(S):
--- (4) --Editor's noteOrd. of 4-2-02, 3, amended the title of article IV to read as herein set out. Formerly, said
title referred to similar subject matter.
Cross reference Electrical code, 7-46 et seq.; housing code, 7-81 et seq.; plumbing code, 7-96
et seq.; swimming pool code, 7-116 et seq.; mechanical code, 7-131 et seq.; fire prevention code,
10-1 et seq.

The International Fuel Gas Code, 2006 Edition, excluding appendices, is adopted as if fully set out
herein, except that Section 109 shall be amended to state that the Tupelo License Commission as set
forth in section 7-147 of the Tupelo Code of Ordinances shall serve as the Board of Appeals described in
this section of the 2006 International Fuel Gas Code and except as otherwise modified by this chapter.
ARTICLE V. - PROPERTY MAINTENANCE CODE
FOOTNOTE(S):
Page 120
--- (5) --Editor's noteOrd. of 4-2-02(1), 4, amended the title of article V to read as herein set out. Formerly,
said title pertained to similar subject matter.
Cross reference Electrical code, 7-46 et seq.; gas code, 7-61 et seq.; plumbing code, 7-96 et
seq.; swimming pool code, 7-116 et seq.; mechanical code, 7-131 et seq.; fire prevention code, 10-1
et seq.

(a) The International Property Maintenance Code, 2006 Edition, is adopted as if fully set out herein,
except that Section 111 shall be amended to state that the Tupelo License Commission as set forth
in section 7-147 of the Tupelo Code of Ordinances shall serve as the Board of Appeals described in
this section of the 2006 International Property Maintenance Code and except as otherwise modified
by this chapter.
(b) That Chapter 1 Administration, Section 107 of the 2006 International Property Maintenance Code
adopted by the City of Tupelo, Mississippi, be and the same is hereby amended by deleting Chapter
1 Sections 107.2, 107.3, and Section 107.4 as presently constituted and amending by substituting
the following:
107.1 Citation to Person Responsible. Whenever the code official determines that there has been a
violation of this code or has grounds to believe that a violation has occurred, a citation shall be given
in the manner prescribed in the Municipal Code Section 4 and section 7-2 and the City of Tupelo
Development Code Chapter 17.
(Ord. of 9-17-91, 1; Ord. of 12-20-94, 1; Ord. of 11-3-98, 4; Ord. of 4-2-02(1), 4; Ord. of

3-9-07, 4; Ord. of 1-17-2012(2), 1)
Editor's note An ordinance adopted on Jan. 17, 2012, did not specifically amend 7-81.
Hence, inclusion as 7-81(b) was at the discretion of the editor.
ARTICLE VI. - PLUMBING CODE
FOOTNOTE(S):
seq.; swimming pool code, 7-116 et seq.; mechanical code, 7-131 et seq.; fire prevention code, 10-1
et seq.

The International Plumbing Code, 2006 Edition, is adopted as if fully set out herein, except that
Section 109 shall be amended to state that the Tupelo License Commission as set forth in section 7-147
of the Tupelo Code of Ordinances shall serve as the Board of Appeals described in this section of the
2006 International Plumbing Code and except as otherwise modified by this chapter.
Page 121
ARTICLE VII. - SWIMMING POOL CODE
FOOTNOTE(S):
seq.; plumbing code, 7-96 et seq.; mechanical code, 7-131 et seq.; fire prevention code, 10-1 et
seq.

The Standard Swimming Pool Code, 1997 Edition is hereby adopted by reference as if it were fully
copied herein with the following exceptions:
(a) Section 105.5.2 is hereby amended to read as follows: "Every applicant shall pay for each
permit, at the time of making application, a fee as established by the governing authority of the
City of Tupelo."
(b) Section 105.5.3 is hereby amended to read as follows: "Any person who shall commence any
swimming pool work for which a permit is required by this Code without having first obtained the
permit therefor shall pay a penalty in the amount of fifty dollars ($50.00) for the first offense, two
hundred dollars ($200.00) for the second offense and five hundred dollars ($500.00) for all
subsequent offenses."
(c) Other modifications and exceptions included in this chapter.

ARTICLE VIII. - MECHANICAL CODE
FOOTNOTE(S):
seq.; plumbing code, 7-96 et seq.; swimming pool code, 7-116 et seq.; fire prevention code, 10-1 et
seq.

The International Mechanical Code, 2006 Edition, is adopted as if fully set out herein, except that
Section 109 shall be amended to state that the Tupelo License Commission as set forth in section 7-147
Page 122
of the Tupelo Code of Ordinances shall serve as the Board of Appeals described in this section of the
2006 International Mechanical Code and except as otherwise modified by this chapter.
ARTICLE IX. - RESIDENTIAL CODE
FOOTNOTE(S):
--- (9) --Editor's noteOrd. of 4-2-02(1), 7, amended the title of article IX to read as herein set out. Formerly
said article title referred to fire codes.
Cross reference Electrical code, 7-46 et seq.; gas code, 7-61 et seq.; housing code, 7-81 et
seq.; plumbing code, 7-96 et seq.; swimming pool code, 7-116 et seq.; mechanical code, 7-131 et
seq.; fire prevention code, 10-1 et seq.

The International Residential Code, 2006 Edition, excluding appendices, is adopted by reference as
if it were copied fully herein, except that Section R112 shall be amended to state that the Tupelo License
Commission as set forth in section 7-147 of the Tupelo Code of Ordinances shall serve as the Board of
Appeals described in this section of the 2006 International Residential Code and except as otherwise
modified by this chapter.
(Ord. of 9-17-91, 1; Ord. of 12-20-94, 1; Ord. of 11-3-98, 8; Ord. of 4-2-02(1), 7; Ord. of

3-9-07, 7)
ARTICLE X. - LICENSING AND BONDING REQUIREMENTS
FOOTNOTE(S):
--- (10) --Cross reference Licenses and miscellaneous business regulations, ch. 15

(a) The penalty for commencing work as regulated by the building, plumbing, gas, mechanical, electrical
and swimming pool codes, hereinafter referred to as the construction codes, as adopted in this
Page 123
chapter, without first securing a permit as specified by said construction codes shall be as specified
in sections 7-26, 7-61, 7-96, 7-116 and 7-131
(b) When a building contractor, plumber, gas contractor, mechanical contractor, electrician or swimming
pool contractor, hereinafter referred to as contractor, violates any provision of the construction codes
or this chapter and does not correct the violation after having been given adequate notice and time
to correct the violation, the building official may withhold issuing additional permits to the contractor
and/or may call the bond of the contractor with proceeds to be used to correct the violation.
Adequate notice shall be considered delivery of a letter through the U.S. Postal Service to the
address in the building department's license files. An adequate notice shall be considered a
minimum of ten (10) calendar days. The licensee has the right to appeal this action to the license
commission. Said appeal must be in writing and filed with the building department within five (5)
working days of the date of the letter from the building department notifying the licensee that no
additional permits will be issued. The licensee shall have the right to a hearing before the license
commission. A two-thirds (2/3) vote by the license commission shall be required in order to uphold
the suspension of permits.
(c) A building contractor, plumbing, gas, mechanical, or electrical license, hereinafter referred to as
"license," may be suspended by the license commission established in subsequent sections of this
chapter for continued violation of the construction codes or this chapter. No licenses shall be
suspended until the license holder has been given the opportunity of a hearing. Suspension shall
require a minimum two-thirds (2/3) vote of the license commission.
(d) Violations of the construction codes and this chapter shall constitute a misdemeanor and shall be
punishable as provided in this chapter.
(e) It shall be a violation of this article for a licensee to loan or sell his or her license and permit or for a
licensee to otherwise allow another person, company, corporation or partnership to use his or her
license and permit to perform work regulated by this article, the penalty for which shall be as
specified in section 7-138(b) and/or (c) and/or (d).

DIVISION 2. - LICENSES
Sec. 7-146. - Required.

No permits shall be issued for work, nor shall any work be performed, which is regulated by the
building, plumbing, gas, mechanical or electrical codes until the contractor performing such work obtains
the required license from the city to perform such work. However, a licensed general building contractor
may subcontract to a nonlicensed subcontractor for any work other than work regulated by the plumbing,
gas, mechanical and electrical codes. A city privilege license shall serve this purpose and shall be
obtained only in accordance with the provisions of this chapter and state law.

Sec. 7-147. - License commission.
(a) The mayor, with confirmation of the city council, shall appoint a license commission with
responsibility and authority as set forth herein.
Page 124
(b) The license commission shall elect officers, establish bylaws and other necessary procedures of
operation. Minutes and records of all actions shall be kept and presented to the city council at their
next regular meeting following each license commission meeting. Any action of the license
commission may be reversed or modified by vote of the city council.
(c) The license commission shall serve the purpose of the construction board of adjustments and
appeals and the housing board of adjustments and appeals as specified by the construction codes.
(d) The license commission members shall reside within the corporate boundaries of the city.
(e) Appeal from the decision of the license commission shall be by petition for appeal to the city council.
Any such petition shall be filed with the planning and development department no later than five (5)
days after the date the decision is filed with the planning and development department and notice is
received by the appellant, applicant or petitioner. Notice of the council meeting date shall be sent to
the applicant, appellant, and all opposition known to the license commission. The city council shall
act on the appeal either by confirmation, modification of conditions or rejection by majority vote.
Appeal from the decision of the city council shall be by petition for appeal to the Lee County Circuit
Clerk after approval by the mayor, an override vote of the mayor's veto or ten (10) working days after
the decision of the city council without action by the mayor.

Sec. 7-148. - Methods of securing.
(a) To secure a license to perform work regulated by the building, plumbing, gas, mechanical and
electrical codes, a person must first pass a test as provided by the license commission. The license
commission is hereby charged with providing this examination. The examination shall be sufficient to
test the ability of the applicant to determine the proper size and type of appliances, equipment,
piping, wiring and other apparatus, and to properly install the same. The license commission may
secure this test from a recognized testing agency such as the Southern Building Code Congress
International. The applicants shall be required to pay a testing fee as established by the license
commission.
The building department may order a credit check on any applicant. The Better Business Bureau and
other cities may be consulted. If a negative credit check is received or if the applicant has committed
three (3) or more acts during the previous three (3) years which would be in violation of this article, said
evidence shall be presented to the license commission for their consideration. No license shall be denied
without the applicant being given a hearing by the license commission. Denial of a license shall require a
minimum two-thirds (2/3) vote by the license commission.
(b) Exempt from taking and passing this test in order to secure a license are the following:
(1) Building, plumbing, gas, mechanical and electrical contractors holding a valid license on the
date of adoption of this article.
(2) Persons complying with MCA 1972, 27-17-457.
(3) Persons holding a current certificate of responsibility as issued by the state board of public
contractors authorizing work for which the license is being requested.

DIVISION 3. - BONDS
Page 125
Sec. 7-156. - Bond required; amounts.

(a) No privilege license nor permit shall be issued for building, plumbing, gas, mechanical or electrical
work until a license bond is submitted to the city. Bonds shall be in the following amount:
Building .....$ 10,000.00
Plumbing .....5,000.00
Gas .....5,000.00
Mechanical .....10,000.00
Electrical .....1,000.00
A person with a Tupelo plumbing or mechanical license and bond shall not be required to submit a
separate gas contractor bond, however, said plumbing or mechanical bond shall be written to include gas
work in addition to plumbing or mechanical work.
(b) All bonds shall be in the name of the individual license holder, issued in favor of the city and written
to expire in conjunction with the annual privilege license.

Sec. 7-157. - Property owner exemption.
(a) A person desiring to construct a single-family residence on property he/she owns for the purpose of
residing therein shall be exempt from passing the exam and from providing a bond as a condition of
securing a building contractor license and permit as required by section 7-156 for the construction of
said residence. The exemption shall not apply where the intent is to sell the residence. The
builder/owner may be required to provide proof of ownership and to sign a statement certifying their
intent to reside in the residence as opposed to offering the residence for sale. This bond exemption
shall be valid for one (1) single-family residence permit per three-year period.
(b) A person desiring to renovate and/or add on to a one- or two-family residential structure or accessory
building or to build an accessory building on property owned by them is exempt from securing a
building contractor privilege license as required by section 7-146 and from securing a bond as
required by section 7-156
(c) A person desiring to renovate, repair and/or add on to an existing structure or accessory building on
property owned by them or to build an accessory building to an existing building on property owned
by them is exempt from securing a building contractor privilege license as required by section 7-146
and from securing a bond as required by section 7-156 under the following circumstances:
(1) The person carries on an ongoing business or concern on the property, including the rental of
said property; and
(2) The person's ongoing business or concern on that property or any ongoing business or concern
owned or controlled by him is not carried on for the purpose of construction of buildings under
this Code, and
(3) All work is performed by the owner, his employees and/or subcontractors hired and paid directly
by the owner of the ongoing business or concern on the property or by licensed and bonded
subcontractors as required by other sections of this article, and
(4) The purpose of the renovation, repair, addition or accessory building is to further the ordinary
course of business of the ongoing business or concern,
Page 126
(5) This exemption shall apply to additions and accessory building of one thousand (1,000) square
feet or less and to repair and renovations with a total cost of twenty-five thousand dollars
($25,000.00) or less.
This exemption shall not apply to the requirements under section 7-146 or 7-156 for a plumbing, gas,
mechanical or electrical privilege license or bond.

Secs. 7-158, 7-159. - Reserved.
DIVISION 4. - RENEWALS
Sec. 7-160. - Renewal.

Building, plumbing, gas, mechanical and electrical license shall be renewed on a yearly basis as
required for all other privilege license. Bonds shall also be renewed. If a license or bond is allowed to
expire and is not renewed within one year, a new license shall not be issued without complying with
section 7-148(a), (b)2., or (b)3.
(Ord. of 9-17-91, 1; Ord. of 12-20-94, 1)

ARTICLE XI. - REPAIR AND DEMOLITION OF DILAPIDATED AND UNSAFE BUILDINGS
Sec. 7-170. - Findings that dilapidated and unsafe buildings exist.

It is hereby found and declared that there exist in the City of Tupelo, Mississippi dwellings and other
buildings which are unfit for human habitation, use or occupancy due to the dilapidation, defects
increasing the hazards of fires, accidents or other calamities, lack of ventilation, light or sanitary facilities,
or due to other conditions rendering such dwellings and other buildings unsafe and unsanitary and
dangerous or detrimental to the health, safety or morals, and otherwise inimical to the welfare of the
residents of the City of Tupelo; and that a public necessity exists for the repair or elimination of such
buildings.
(Ord. of 9-1-92, 2; Ord. of 10-6-92, 2)

State Law reference Municipal authority to regulate dangerous buildings, MCA 1972, 2119-21.
The director of planning and community development for the City of Tupelo is hereby designated as
the administrator of this article and may delegate duties of this Code to the building inspectors, code
enforcement officers and other employees of said department.
Page 127
(Ord. of 9-1-92, 2; Ord. of 10-6-92, 2)

Secs. 7-177, 7-178. - Reserved.
Sec. 7-179. - Complaint.
Whenever a petition is filed with the administrator by a public authority or by at least five (5) residents
of the city, charging that any building is unfit for human habitation, use or occupancy, or whenever it
appears to the administrator, on his own motion, that any building is unfit for human habitation, use or
occupancy, the administrator shall, if his preliminary investigation discloses a basis for such charges,
issue and cause to be served upon the owner of and parties in interest in such premises a complaint,
stating the charges in that respect and containing a notice that a hearing will be held before the
administrator, or his designated agent, at a place therein fixed not less than ten (10) days nor more than
thirty (30) days after the serving of said complaint. Said notice shall also specify that the owner and
parties in interest shall be given the right to file an answer to the complaint and to appear in person, or
otherwise, and give testimony at the place and time fixed in the complaint.
(Ord. of 10-6-92, 2)
Sec. 7-180. - Service of complaints.
(a) Complaints, notices and orders issued by the administrator shall be served upon the owner, lessee
or person in possession, mortgagee and any other person having a present interest in the property,
either personally or by registered mail. If the whereabouts of such person is unknown and cannot be
ascertained by the administrator in the exercise of reasonable diligence, the administrator shall make
an affidavit to that effect and shall then serve such complaint, notice or order upon such persons by
publishing the same once each week for two (2) successive weeks in a newspaper printed and
published in the municipality. Personal service of any complaint, notice or order shall be
accomplished by a police officer or by any person over the age of eighteen (18) years. In the event of
personal service, the police officer or process server shall deliver the complaint, notice or order
personally or shall leave a true copy at the usual place of abode within the City of Tupelo with a
member of the family above the age of sixteen (16) years who is willing to receive a true copy
thereof. The police officer or process server shall file with the administrator a return attesting to the
date and circumstances of the service.
(b) A copy of the complaint, notice or order shall be posted in a conspicuous place on the premises
affected by the complaint, notice or order.
(c) A copy of the complaint, notice or order shall be filed in the office of the Chancery Clerk with the lis
pendens notices as provided by law.
(d) In the event the city decides to act under the authority of MCA 1972, 21-19-11, all notices shall be
served as provided therein.
(Ord. of 9-1-92, 2; Ord. of 10-6-92, 2)

Sec. 7-181. - Hearing.
The administrator shall conduct a hearing for the purpose of determining if the building in question is,
in fact, unfit for human habitation, use or occupancy, inimical to the welfare and dangerous and injurious
to the health, safety and morals of the public, and, that a public necessity exists for the repair or
elimination of said building. The owner and parties in interest shall have the right to appear in person, or
otherwise, and give testimony. The rules of evidence prevailing in courts of law and equity shall not be
controlling in hearings before the administrator.
Page 128
(Ord. of 9-1-92, 2; Ord. of 10-6-92, 2)

Sec. 7-182. - Order to repair, vacate or demolish.
(a) If the administrator shall determine, after consideration of the evidence at the hearing, that the
building upon which the complaint has been filed is unfit for human habitation, use or occupancy, he
shall state in writing the findings of fact in support of said determination and shall issue and cause to
be served upon the owner thereof an order requiring said owner, to the extent and within the time
specified in the order, to repair, alter or improve said building to render it fit for human habitation, use
or occupancy, or, to vacate and close the building as a human habitation or for human use or
occupancy. The order shall specify a reasonable amount of time in which repairs, alterations or
improvements shall commence or, to vacate and close the building, and shall further specify the
reasonable amount of time the repairs, alterations, or improvements or a vacation shall be
completed. The order shall be served on the owner. A copy of the order shall be sent by regular mail
to any lessee, mortgagee or other party within an interest in the property; however, failure to provide
a copy of the order by mail shall not invalidate this order.
(b) If the administrator shall determine, after consideration of the evidence at the hearing, that the
building is in such condition, because of dilapidation, disrepair, structural defects or otherwise that it
is dangerous or injurious to the health or safety of the public or to the occupants of the building or the
occupants of neighboring buildings, said administrator shall issue and cause to be served upon the
owner an order requiring him to demolish such building or to remove such building to an area outside
the municipal limits of the City of Tupelo. The order shall specify a reasonable amount of time in
which to vacate and demolish or remove the building. The order shall be served on the owner. A
copy of the order shall be sent by regular mail to any lessee, mortgagee or other party with an
interest in the property; however, failure to provide a copy of the order by mail shall not invalidate the
order.
(Ord. of 5-16-00, 1; Ord. of 5-1-01, 1)

Editor's note Ord. of 5-16-00, 1, amended the title of 7-182 to read as herein set out.
Formerly, said title pertained to similar subject matter.
Sec. 7-183. - Failure to repair, vacate or demolish.
(a) If the owner fails to repair or vacate pursuant to such order within the time prescribed, the
administrator may cause the building to be vacated and closed and may cause to be posted on the
main entrance to any building so closed a placard with the following words:
This building is unfit for human habitation, use or occupancy. The use or occupancy of this building
by humans is prohibited and unlawful.
(b) If the owner fails to comply with such order to repair within the time prescribed, the administrator may
cause such building to be repaired, altered or improved in accordance with the order. If such repairs,
alterations or improvements are determined by the administrator to cost in excess of fifty (50)
percent of the value of said building according to the true value on record at the Lee County Tax
Assessor's Office, the administrator may cause such building to be removed or demolished.
(c) If, within the time fixed by the administrator for repairs, alterations or improvement of such building,
the administrator finds there has been substantial compliance with the provisions of the order or that
the owner has filed with the administrator a copy of a written contract with a contractor to make such
repairs, alterations or improvements as ordered, the administrator may extend the time for
compliance for an additional period not to exceed sixty (60) days.
(Ord. of 5-16-00, 2)
Page 129
Editor's note Ord. of 5-16-00, 2, amended the title of 7-183 to read as herein set out.
Formerly, said title referred to similar subject matter.
Sec. 7-184. - Transfer of title or possession.
It shall be unlawful for the owner of any condemned building, wall or other structure or any other
building under an order issued by the city to sell, lease or otherwise transfer title or possession of such
building, wall or other structure to another until the provisions of the condemnation or other order or notice
have been complied with, or until such owner shall first have furnished to the grantee, lessee or
transferee a true copy of any such condemnation order or notice, as issued. The owner shall also furnish
to the administrator a signed and notarized statement from the owner acknowledging service of such
violation orders or notices on the grantee, lessee or transferee prior to the conveyance.
(Ord. of 5-16-00, 3)
Editor's note Ord. of 5-16-00, 3, amended the 7-184 in its entirety. Formerly, said section
referred to an order to repair or demolish.
Sec. 7-185. - Emergencies.
When it is determined by the administrator or the chief of police, or the fire chief that an emergency
exists with respect to the health or safety of persons in the community, and immediate boarding and
securing of a building is required, and where danger will exist to children, transients or others in the
absence of an immediate boarding or securing of the building, the administrator may waive all
requirements herein and immediately board or otherwise secure the building, provided that:
(1) The conditions showing the existence of an emergency are documented in writing by the
administrator or the chief of police or the fire chief or their designees.
(2) Notice be mailed immediately by the planning and community development department invoking
this section to the address of the owner and taxpayer, and, if recorded on the assessors rolls,
the address of the mortgage holder, of the date of boarding or otherwise securing and the
reasons therefor.
After a vacant or unoccupied building has been boarded or otherwise secured under this section,
should the owner fail to maintain the building in a secured condition until such time as it has been
repaired and reoccupied, the administrator shall resecure any openings into the building whenever it
again becomes open to trespass, without further notice to the owners. For emergency purposes, the
administrator may at once enter such structure with such assistance and at such costs as the
administrator deems necessary. He may order the vacation of adjacent structures and may require the
protection of the public by appropriate fences or other means as may be necessary, and for this purpose
may close a public or private right-of-way. Costs incurred shall be charged to the owner of the premises
involved and shall be collected pursuant to section 7-187 of this chapter.
(Ord. of 5-16-00, 4)
referred to failure to repair or demolish.
Sec. 7-186. - Waiver.
The owner, upon receipt of the notice and order to show cause, or at any time thereafter, may waive,
in writing, further notice, opportunity for hearing, findings of fact, issuance and service of an order, judicial
review of such order, and may consent that the building or structure be demolished or otherwise made
Page 130
safe and the cost thereof charged against the premises. Upon receipt of such consent and waiver, the
department of planning and community development may have the building demolished or otherwise
made safe, and the costs charged against the premises shall be collected in the same manner as
provided for in section 7-187 of this article.
(Ord. of 5-16-00, 5)
referred to assessment of cost.
Sec. 7-187. - Assessment of cost.
(a) The cost to the city for repairs, alterations, improvements, removal or demolition, in addition to a
penalty in the amount of twenty (20) percent of such cost shall be a lien against such real estate, and
assessed or collected as a special tax. The governing authority of the city shall fix a day for a hearing
of objections to such assessment and shall cause the municipal clerk to give to the owner ten (10)
days written notice, by mail, if the post office address of the owner be known, but if the post office
address of the owner be unknown, notice shall be given by posting notice for at least ten (10) days in
five (5) public places in the city, of the time and place for the hearing or objections to such
assessment; one (1) of such public places for posting notice as aforesaid shall be on the land which
is the subject matter of such assessment. Said hearing shall be conducted by the governing
authority. The property owner shall be given an opportunity to object to the amount of the
assessment. The governing authority shall make a final determination of the amount of the
assessment and shall notify the owner of said amount by letter to the last known address of the
owner, or, if special assessment is not paid in full within six (6) months from and after the date the
assessment becomes final, the tax collector shall proceed to advertise and sell the said real estate,
or a sufficient amount thereof to recover said special tax and all costs of the sale, after having given
notice of the time and place of such sale as is required by law for the sale of land for delinquent ad
valorem taxes. From the proceeds of such sale, the tax collector shall first pay the cost of the sale,
after which he or she shall pay the costs of such repairs, alterations, improvement, removal or,
demolition and any penalty imposed by the city; and any amount remaining over shall be deposited
by him/her with the clerk of the circuit court as hereinafter provided.
(b) If the building is removed or demolished by the administrator, he or she may sell the materials of
such building and shall credit the proceeds of such sale against the cost of the removal or
demolition; and any balance remaining shall be deposited in the circuit court by the administrator,
shall be secured in such a manner as may be directed by such court, and shall be dispersed by such
court to the persons found to be entitled thereto by the final award or judgment of such court.
Nothing in this subsection shall be construed to impair or limit in any way the power of the city to
define and declare nuisances and to cause their removal or abatement by summary proceedings or
to issue a citation to the owner of any property in violation of this article. Such violation shall be
punishable by a fine of up to one thousand dollars ($1,000.00) and, or, by imprisonment in jail for
thirty (30) days.
(Ord. of 5-16-00, 6)
referred to powers of administration.
Sec. 7-188. - Powers of the administrator.
Page 131
The Administrator shall have such powers as are necessary and convenient to carry out and
effectuate the purposes and provisions of this article, without limitation, and those powers authorized by
law.
(Ord. of 5-16-00, 7)
referred to appeals.
Sec. 7-189. - Appeal.
Any person affected by an order issued by the administrator may appeal the order to the city council,
and such governing authority shall enter an order affirming or overruling the order of the administrator.
Any such person aggrieved by an affirmative order of the governing authority may apply to the Circuit
Court of Lee County for an injunction restraining the administrator from implementing the provisions of the
order. The remedies provided by law shall be the exclusive remedies.
(Ord. of 5-16-00, 8)
Sec. 7-190. - Civil enforcement.
An owner who fails to comply with an order to repair, vacate or demolish any building determined
unfit for human habitation pursuant to the provisions contained in this article, or who permits the
occupancy or reoccupancy of an unsafe building in violation of this article shall be subject to a civil
penalty of one hundred dollars ($100.00) for the first day following the expiration of the order to repair,
vacate or demolish or following the occupancy or reoccupancy of the building in violation of this article. In
each instance, a penalty of ten dollars ($10.00) per day shall be imposed for each subsequent day that
such failure to comply continues. If a person fails to pay the civil penalty within ten (10) days after being
notified of the amount due, the city may recover the penalty together with all costs by filing a civil action in
the municipal court in the nature of a suit to collect a debt.
(Ord. of 5-16-00, 9)
Sec. 7-191. - Criminal enforcement.
A violation of any provision of this code shall constitute a misdemeanor, and the violator may be
fined up to five hundred dollars ($500.00) or up to thirty (30) days imprisonment or both for such offence,
in the discretion of the court.
(Ord. of 5-16-00, 10)

Sec. 7-192. - Conflicting requirements.
The requirements contained in this article shall supersede any conflicting provisions of the Standard
Housing Code, Standard Building Code and other construction codes adopted by the city, in particular,
but not limited to section 102.5 of the Standard Building Code and section 103.2 and section 309 of the
Standard Housing Code.
(Ord. of 5-16-00, 11)

Page 132
pertained to conflicting requirements.
ARTICLE XII. - RENTAL HOUSING CODE
FOOTNOTE(S):
--- (11) --Editor's noteAn ordinance adopted Nov. 1, 2011, repealed Ch. 7, Art. XII, Divs. 13, 7-2007207, 7-2157-222, 7-2307-233, in its entirety and enacted new provisions to read as herein set out.
Prior to this amendment, Art. XII pertained to similar subject matter. See Code Comparative Table for
derivation.
State Law reference Housing Authorities Law, MCA 1972, 43-33-1 et seq.
Sec. 7-200. - Scope.

This code shall apply to all rental housing units located within the City of Tupelo, Mississippi,
including manufactured homes, single family homes and multifamily units. The intent of this code is to
establish base standards for rental housing in Tupelo so as to prevent or correct slum and blighted
conditions and protect the health, safety and welfare of the community.
(Ord. of 11-1-11(2), 1)
The Director of the Development Services Department for the City of Tupelo is hereby designated as
the administrator of this article and may delegate duties of this code to the building inspectors, code
enforcement officers and other employees of the development services department or other employees of
the City of Tupelo.
(Ord. of 11-1-11(2), 1)
Sec. 7-202. - Registration required.
It shall be unlawful for any person and/or entity to maintain or operate any rental housing unit or units
within the City of Tupelo unless such person or entity has registered the property.
(Ord. of 11-1-11(2), 1)
Sec. 7-203. - Registration fee.
(a) All landlords or entities who have rental property within the city are required to register their
property(ies) before the property is rented.
Page 133
(b) The full registration fee of twenty-five dollars ($25.00) per rental unit shall be due upon registration.
Regardless of when the rental property is initially registered, registration shall expire on September
30 of each year. Registration renewal, as set forth in section 7-204 herein below, shall be due on
October 1 of each year. Prior to October 1 of each year, the department of development services
shall mail an invoice for registration renewal to the owner at the address given on the annual
registration application.
(c) If the annual registration is not paid within six (6) months after October 1, a citation will be issued
requiring mandatory court appearance requesting revocation of the certificate of occupancy for each
unit and payment of all due rental fees.
(d) [For] new rental properties that are established after October 1, fees will be prorated for the actual
months of rental use.
(e) If the department of development services determines that property has been rented without having
been registered, a penalty of three hundred fifty dollars ($350.00) will be assessed and the fee of
twenty-five dollars ($25.00) per rental unit.
(Ord. of 11-1-11(2), 1; Ord. of 1-22-2013, 2)

Sec. 7-204. - Annual registration application.
(a) Annual registration. Application for an annual rental housing registration shall be filed with and
issued by the department of development services. The application shall be in writing, signed by the
property owner, agent or designee and shall include the following:
(1) The name and address of the applicant;
(2) Proof of ownership must be provided if the information provided differs from Lee County
records;
(3) The location and parcel number of the property on which the rental housing unit is located;
(4) For new construction, a complete site plan of the complex showing it is in conformity with the
requirements included within this rental housing code;
(5) For new construction, plans and specifications of all buildings, improvements and facilities to be
constructed within the rental housing complex or on the same property as the rental housing
unit.
(6) Such other information as may be requested by the department of development services to
enable it to determine if the proposed rental housing unit or complex will comply with all codes
and ordinances adopted by the City of Tupelo.
(b) Inspection required. Before any registration is issued by the department of development services the
applicant must authorize the administrator or designee to inspect the rental housing unit or complex
for which an application for registration has been made. The administrator or designee may inspect
only a portion of the rental units within a rental housing complex if the administrator or designee
determines an inspection of the entire complex is not needed. Every landlord who retains all utilities
in his/her name is required to have all rental units inspected every six months and with each tenant
change. All utilities must be turned on at the time of the inspection in order to inspect all systems,
appliances and equipment.
(c) Registration renewal. Upon application in writing for renewal of a registration issued under this
chapter and upon payment of the annual registration fee, the department of development services
shall issue a certificate renewing such registration for another year. the department of development
services may, in its discretion, inspect the rental housing unit or complex for which application is
being made before a renewal of the registration is issued.
(d) Registration transfer. Upon application in writing for transfer of a registration accompanied by an
application with the transferee's information and payment of the transfer fee, the department of
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development services shall issue a transfer if the application is found to be in compliance with this
chapter. A fee of twenty-five dollars ($25.00) will be charged for transfer of any property or
properties.
(e) Certificate of occupancy requirements. In accordance with development code section 5.12, a
certificate of occupancy shall be required as a condition of providing new utility service to any rental
property or as a condition of transferring service to a new owner, new renter or billing name. A
certificate of occupancy is required prior to any tenant taking possession of a rental unit.
(Ord. of 11-1-11(2), 1)
Sec. 7-205. - Registration revocation.
The department of development services may revoke any registration to maintain and operate a
rental housing unit or complex when the owner or agent has failed to comply with any provision of this
ordinance. After such failure to comply the registration may be reissued if the circumstances leading to
the failure to comply have been remedied and the rental housing unit or complex is being maintained and
operated in full compliance with the law.
(Ord. of 11-1-11(2), 1)
For purposes of this article, the following words, terms and phrases shall have the meaning
respectively ascribed to them as follows, unless the context clearly indicates otherwise:
Accessory use areasare areas and buildings around a rental dwelling which provide space for
amenities and facilities, including but not limited to pay phones, picnic areas, recreation areas, laundry
rooms, recreation rooms, refuse collection facilities, and accessory storage buildings.
Agent is a person authorized by the owner of a rental housing unit to make or order repairs or
service to the unit and authorized to receive notices on behalf of the owner.
Approved means in conformance with the appropriate codes and approved by the administrator or
his designee.
Architectural pool means a constructed or excavated exterior area designed to contain a regular
supply of water other than a swimming pool or a spa.
Boarding house a building other than a hotel or motel where, for compensation and by
prearrangement for definite periods, meals and/or lodging are provided for two (2) or more persons (other
than legally related family members) on a weekly or monthly basis.
Building official the city official designated by the mayor and council to administer and enforce this
ordinance, and such representatives as may be appointed by such city official.
Certificate of occupancy a certificate issued pursuant to this article by the building official to ensure
that a dwelling unit is in compliance with the provisions of this article.
Change of occupancy when a rental unit vacated and is occupied by a new tenant.
City the City of Tupelo, Mississippi.
Condominium an estate in real property consisting of an undivided interest in common of a portion of
real property, together with a separate interest in space in a residential building on such real property.
Cooperative a multiple-household owned and maintained by the residents. The entire structure and
real property is under common ownership, as contrasted to a condominium dwelling where individual
units are under separate individual occupant ownership.
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Deterioration means a lowering in quality of the condition or appearance of a building, structure or

premises characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence
of physical decay, neglect, damage or lack of maintenance.
Dwelling means an enclosed occupied or unoccupied space designed as or being used as
permanent living facilities, including single family and multifamily dwellings and accessory use areas.
Exterior opening means an open or closed window, door or passage between interior and exterior
spaces.
Failure to comply means a failure, refusal, or neglect to obey an official order or comply with any
adopted ordinance of the City of Tupelo.
Gang boxes means a group of postal service mail boxes clustered together serving a residential
area.
Glazed means fitted with glass.
Habitable room means a room or enclosed floor space within a rental housing unit used, intended to
be used or designed to be used for living, sleeping, eating or cooking and excludes bathrooms, laundry
rooms, halls, closets and storage places.
Impervious means incapable of being penetrated or affected by water or moisture.
IPMC is the International Property Maintenance Code adopted by the City of Tupelo.
Infestation is the presence or apparent presence of insects, rodents, vermin or noxious pests of a
kind or in a quantity that endangers health within or around a dwelling or may cause structural damage to
the dwelling.
Inoperable vehicle or junk vehicle is a vehicle which is physically incapable of operation, stripped,
substantially damaged, lacking of a current license plate and/or inspection sticker, discarded or unable to
be safely and legally operated.
Landscaping is the combination of elements such as trees, shrubs, ground covers, vines and other
organic and inorganic material for the express purpose of creating an attractive and pleasing
environment.
Lessee A person or entity who receives the use and possession of leased property (e.g., real estate)
from a lessor in exchange for a payment of funds. The person to whom a lease is made.
Legal entity an association, cooperation, partnership, or individual that has legal standing in the eyes
of the law.
Makeshift means not in accordance with the requirements of this code, any ordinance of the city or
rules or regulations adopted thereunder, accepted practices, prevailing standards, design of a licensed
contractor or manufacturer's recommendation.
Manager means any person who has charge, care or control of a rental housing unit.
Occupant means any person living in, sleeping in or possessing a rental housing unit.
Ownermeans a person, persons or legal entity listed as the current titleholder of real property, as
recorded in the official records of Lee County, Mississippi.
Parking area means any area adjacent to a rental housing unit which was designed for or is used for
the purpose of parking vehicles. This does not include landscaped, unpaved or yard areas.
Proof of ownership a title or deed to a piece of property signed by a notary public.
Rental housing unit means that portion of a dwelling for which payment or other consideration is
being made to an owner, agent or manager for the use or occupancy of that portion as an independent
living facility, excluding transient occupancy such as hotels and motels. It also means each apartment or
each rental unit within an apartment complex.
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Slum-like means the unsightly condition of a building, structure or premises characterized by

deterioration or other similar conditions and the visible outdoor storage of junk, garbage or rubbish,
regardless of the condition of other properties in the neighborhood.
Sound condition means free from decay or defects and in good working condition.
Specific lighting means artificial illumination which was designed and installed to provide adequate
lighting for a specific area.
Storage means placing or leaving personal property in a location for the purpose of preservation,
seasonal or future use or disposal. No upholstered furniture may be stored on porches.
Vehicle is an automobile, truck, trailer, camper, recreational vehicle, boat or motorcycle.
(Ord. of 11-1-11(2), 1)
Sec. 7-207. - Authority to inspect.
(a) Personnel. The administrator or designee is authorized to make reasonable and necessary
inspections of rental housing units and premises to determine compliance with this article.
(b) Access.Every owner, agent, manager or tenant of a rental housing unit shall, upon reasonable
notice, allow access to any part of such rental housing unit at all reasonable times for the purpose of
making such inspections. If the owner, agent, manager or tenant refuses access to make an
inspection, the city is authorized to obtain an inspection warrant. If complaint is made to the city of
conditions in any rental unit which may be in violation of any applicable city code, the city is
authorized to investigate such complaint without notice.
(c) Scope. An inspector may expand the scope of an inspection to include other city code violations
discovered during the inspection.
(d) Compliance. If upon inspection, violations of interior or exterior standards exist, the owner, agent or
manager will be required to correct all violations within a reasonable period of time as determined by
the inspector. Failure to comply with the order of the inspector may result in the revocation of the
existing certificate of occupancy. In the event the rental housing unit becomes unoccupied, future
occupancy will be prohibited until all violations have been corrected and the unit has been reinspected by the city and deemed to be in compliance and a new certificate of occupancy issued.
(Ord. of 11-1-11(2), 1)
DIVISION 2. - RENTAL HOUSING STANDARDS
Sec. 7-215. - Sanitary facilities.

(a) General provision. Every rental housing unit shall contain its own bathtub or shower, lavatory, water
closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory
shall be placed in the same room as the water closet or located in close proximity to the door leading
directly into the room in which such water closet is located. Sinks used for kitchen purposes and
bathtubs are not acceptable substitutes for lavatory basins.
(b) Flush toilet. Every rental housing unit shall contain a room that is equipped with a flush toilet in
sound condition and properly connected to an approved water and sewage system. Every flush toilet
shall have:
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(1) An integral water-seal trap that eliminates the passage of sewage gases into the room; and
(2) Smooth, impervious, easily cleanable surfaces free from cracks or breaks and makeshift repairs
that leak or may cause injury to someone and shall be equipped with seats and flush tank
covers constructed of smooth impervious materials free of cracks or breaks that leak or may
injure a person.
(c) Lavatory basins. Every rental housing unit shall contain a fixed lavatory basin in sound condition and
properly connected to an approved hot and cold water system and a sewage system. The basin shall
be in the same room as the toilet or as near to that room as practicable. If a rental housing unit
contains a flush toilet in more than one room, it shall also contain a fixed lavatory basin in each room
with a flush toilet or as near to each room as is practicable. Lavatory basin surfaces shall be smooth,
easily cleanable, impervious and free from cracks or breaks that leak or may injure a person. Sinks
used for kitchen purposes and bathtubs are not acceptable substitutes for lavatory basins.
(d) Bathtub or shower. Every rental housing unit shall contain a room that is equipped with a bathtub or
shower in sound condition and properly connected to an approved hot and cold water system and a
sewage system. Every bathtub shall have a smooth, impervious and easily cleanable inner surface,
with a pitch sufficient to drain properly, free from makeshift repairs and free from cracks or breaks
that leak or may injure to a person. Every shower compartment or cabinet shall have a base with a
leak-proof receptor that is made of impervious materials with a pitch sufficient to drain properly. The
interior walls shall be made of a smooth, impervious, easily cleanable material free from creaks or
breaks that leak or may injure a person. Built-in bathtubs with overhead showers shall have
waterproof joints between the tub and the adjacent walls and the walls shall be made of impervious
material free from cracks or breaks that leak or may injure a person.
(e) Hot water service. Every rental housing unit shall have hot water service properly installed and
maintained in sound condition capable of furnishing reasonable amounts of hot water with a
minimum temperature of one hundred ten degrees (110). Water heating units shall be equipped
with a temperature and pressure relief valve and a discharge line in accordance with the Tupelo
Plumbing Code, Chapter 7 as referenced in section 7.96 of the Code of Ordinances of the City of
Tupelo.
(f)
Water-seal traps. Bathroom plumbing fixtures, except those having integral traps, shall be separately
trapped by a water-seal trap that will eliminate the passage of sewage gases into the room. The
water-seal trap shall be located as near the outlet as possible.
(g) Flow of water. Bathroom plumbing fixtures shall have a reasonable flow of water and the minimum
flow of hot or cold water issuing from a faucet or fixture shall be not less than one (1) gallon per
minute.
(Ord. of 11-1-11(2), 1)
Sec. 7-216. - Food preparation facilities.
(a) General provision. Every rental housing unit shall have a kitchen or kitchen area with suitable space
and equipment to store, prepare and serve food in a sanitary manner. Adequate facilities for the
disposal of food waste and refuse shall also be provided.
(b) Kitchen sink. Every kitchen or kitchen area shall contain a fixed kitchen sink in sound condition,
functioning properly and properly connected to an approved hot and cold water system and a
sewage system. Each kitchen sink shall be of seamless construction and impervious to water and
grease. The interior surfaces shall be smooth with rounded internal angles and corners, easily
cleanable and free from cracks or breaks that leak or may injure a person. Lavatory basins and
bathtubs are not acceptable substitutes for required kitchen sinks.
(c) Water-seal traps. Kitchen plumbing fixtures shall be separately trapped by a water-seal trap that will
eliminate the passage of sewage gases into the kitchen. The water-seal traps shall be located as
near the outlet as possible.
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(d) Flow of water. Kitchen plumbing facilities shall have a reasonable flow of water and the minimum
flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute.
(e) Oven and range or stove. Every kitchen or kitchen area shall be equipped with a cooking oven and
range or a stove properly connected and in sound condition. If the over and range or stove is
provided by the tenant per the rental agreement, the owner, agent or manager is exempt from the
provisions of this section.
(f)
Refrigerator. Every kitchen or kitchen area shall be equipped with a refrigerator properly connected
and in sound condition. Refrigerators shall be capable of maintaining a temperature between forty
degrees (40) and forty-five degrees (45) Fahrenheit. Refrigerators shall have some capacity for
storing frozen food. If the refrigerator is provided by the tenant per the rental agreement, the owner,
agent or manager is exempt from the provisions of this section.
(g) Sanitary surfaces; preparation and storage areas. Countertops, food preparation surfaces, food
storage pantries and cupboards shall be easily cleanable and free from holes, breaks or cracks that
can leak, or may injure a person or may permit the harborage of insects and dampness that may
promote the growth of bacteria.
(h) Storage of garbage. No owner, agent or manager of any rental housing unit shall permit upon his
premises the exterior accumulation of any garbage or refuse, except in covered portable containers
of rust-resistant metal, rubber, plastic or similar material.
(i)
Removal of garbage. The owner, agent or manager of a rental housing unit shall provide for the
removal of garbage and refuse by a properly licensed and authorized refuse hauler sufficient to
maintain a clean and sanitary condition on the premises or shall require the tenant, lessee or
occupant to provide such service from a properly licensed and authorized refuse hauler.
(Ord. of 11-1-11(2), 1)
Sec. 7-217. - Electrical service and lighting.
(a) General provision. Every rental housing unit shall have electrical service and lighting properly
installed and maintained in sound condition adequate to support the health and safety of occupants,
permit the safe use of electrical appliances and permit normal indoor activities.
(b) Habitable rooms; outlets and lights. Every habitable room shall contain at least two (2) electrical
convenience outlets and either a permanently installed light fixture controlled by a wall switch or an
additional electrical convenience outlet controlled by a wall switch. Ceiling or sidewall light fixtures
controlled by a wall switch shall be required in all kitchens or kitchen areas. In addition to the above
minimum requirements, every owner, agent and manager shall provide sufficient electrical outlets to
service the appliances and fixtures furnished by the owner, agent or manager and located within the
room.
(c) Other rooms; outlets and lights. Every laundry room, bathroom and toilet compartment shall contain
at least one permanently installed ceiling or sidewall light fixture controlled by a wall switch. In
addition to the above minimum requirements, every owner, agent and manager shall provide
sufficient electrical convenience outlets to service the appliances and fixtures furnished by the
owner, agent or manager and located within the room. Every bathroom shall have a least one (1)
permanently installed GFCI electrical convenience outlet.
(d) Ground-fault circuit-interrupters. All electrical convenience outlets installed in bathrooms and within
six (6) feet of a water source, which includes a lavatory or kitchen sink shall have ground-fault circuitinterrupter protection, provided it can be installed without additional wiring to the main electrical
service panel. As used in this section, a bathroom is an area with a tub or shower, with or without a
lavatory.
(e) Stairway and hall lights; except public. Every stairway and hall, except public or common stairways
and halls, shall contain at least one ceiling or sidewall light fixture controlled by a wall switch except
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where light is available from a permanent source or an adjacent space. The switch or switches shall
be located so as not to have to traverse darkened areas to access them.
(f)
Stairway and hall lights; public. Every public or common stairway, hallway, corridor or breezeway in
or leading into multifamily dwellings shall be lighted, by natural or artificial means, at all times.
(g) Exterior entrances; multifamily. Every building serving four (4) or more rental housing units shall
have the main building entrances lighted with specific lighting during nighttime hours. The entrances
into individual rental housing units shall also be provided with specific lighting which shall be
controlled either automatically or manually by a switch controlled by the tenant.
(h) Exterior areas; multifamily. Every common area, accessory use area, aisle, passageway, pedestrian
walkway and sidewalk of buildings serving four (4) or more rental housing units shall be lighted with
specific lighting during nighttime hours.
(i)
Parking lots; multifamily. Common parking lots and covered and uncovered parking areas serving
four (4) or more rental housing units shall be lighted with specific lighting during nighttime hours.
(j)
Mailboxes; multifamily. Postal service "gang boxes" in buildings serving four (4) or more rental
housing units shall be lighted with specific lighting during nighttime hours.
(k) Installation and maintenance. Every outlet, switch and fixture shall be properly installed and
maintained in sound condition. No owner, agent or manager shall provide, install or allow to be
installed or used any frayed and exposed wiring; wiring unprotected by proper covering; fixtures in
disrepair; tacked extension cording; or makeshift wiring, outlets or fixture repairs or which may injure
a person.
(Ord. of 11-1-11(2), 1)
Sec. 7-218. - Thermal environment.
(a) General provision. Every rental housing unit shall contain safe heating equipment and system which
are properly installed and maintained in sound condition and capable of providing adequate heating
and cooling, appropriate for the climate, to assure a comfortable and healthy living environment.
(b) Heating requirements. Every rental housing unit shall have heating, under the tenant's control,
capable of safely heating all habitable rooms, bathrooms and flush toilet rooms located therein to a
temperature of at least seventy degrees (70) Fahrenheit at a distance three (3) feet above floor
level in the center of the room. Required heating shall be provided by permanently installed heating
facilities.
(c) Unvented combustion heaters; prohibited. No owner, agent or manager shall provide, install or allow
to be installed or used any unvented portable space heaters burning solid, liquid or gaseous fuels.
(d) Cooking appliances as heaters; prohibited. No owner, agent or manager shall allow the use of any
ovens, stoves or ranges, or other cooking appliances for the purpose of heating any portion of a
dwelling.
(Ord. of 11-1-11(2), 1)
Sec. 7-219. - Doors; windows; ventilation.
(a) General provision. Every rental housing unit shall have doors and windows which provide adequate
natural light and ventilation to permit normal indoor and activities and support the health and safety
of the occupants while providing protection from the elements and privacy for the occupants.
(b) Habitable rooms; natural light. Every habitable room within a rental housing unit shall have at least
one exterior glazed opening, facing directly to the outside, to provide natural light. The total glazed
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area for each habitable room shall be not less than ten (10) square feet. Kitchens and kitchen areas
shall not be required to meet the glazed exterior opening requirement.
(c) Habitable rooms; ventilation. Every habitable room within a rental housing unit shall have at least
one openable exterior opening, vented directly to the outside air, to provide natural ventilation. The
total area of openable venting for each habitable room shall be not less than five (5) square feet.
Habitable rooms, except those used for sleeping, shall not be required to meet the openable exterior
opening requirement if mechanical ventilation is provided. Kitchens and kitchen areas shall not be
required to meet the openable exterior opening requirement if mechanical ventilation is provided.
(d) Other rooms; ventilation. Every bathroom, flush toilet room and laundry room shall have at least one
openable exterior opening, vented directly to the outside air, to provide natural ventilation. The total
area of openable venting shall be not less than one and one-half (1) square feet. Bathrooms, flush
toilet rooms and laundry rooms shall not be required to meet the openable exterior opening
requirement if mechanical ventilation is provided.
(e) Screened openings. Any rental housing unit which is cooled by mechanical cooling or other similar
venting, shall have at least one openable exterior opening which is screened. All required screens
shall be free from tears, holes or imperfections of the frame that may admit insects and other vermin
detrimental to the health of the occupants. Any screens which are provided by the owner, agent or
manager shall be maintained in sound condition and in good working order.
(f)
Glazing. Glazed areas shall be soundly glazed and free from missing, loose, cracked or broken glass
that may injure a person, allows the elements or vermin to enter the structure, allows air escape or
infiltration, or otherwise diminishes the thermal efficiency of the structure.
(g) Windows. Windows shall be maintained in sound condition. Exterior windows shall fit the window
openings and shall be properly sealed or weather-stripped in a manner that prevents the entrance of
the elements or vermin or excessive air escape or infiltration. The fit of exterior windows shall not
otherwise diminish the thermal efficiency of the structure.
(h) Exterior doors. Exterior doors leading into rental housing units shall fit the door openings and shall
also be weather-stripped in a manner that prevents the entrance of the elements or vermin or
excessive air escape or infiltration. The fit of exterior doors shall not otherwise diminish the thermal
efficiency of the structure. Exterior doors, door hardware and door frames shall be maintained in
sound condition and capable of the use intended by their design. Any hollow core or solid core doors
leading into rental housing units which are replaced after the effective date of this code, shall be
replaced with solid core or metal wrapped doors that have a sound transmission rating at least equal
to the rating of the door being replaced.
(i)
Interior doors. Interior doors, door hardware and door frames shall be maintained in sound condition
free from holes, breaks or cracks and capable of the use intended by their design. They shall also be
capable of affording privacy to the occupants.
(Ord. of 11-1-11(2), 1)
Sec. 7-220. - Space and occupancy.
(a) General provision. Every rental housing unit shall have sufficient access and space to allow for
adequate living and sleeping conditions while providing for the occupant's health, safety, privacy and
general welfare.
(b) Floor area; rental housing unit. Every rental housing unit shall have at least two hundred twenty
(220) square feet of total room area and shall contain at least one common room having not less
than one hundred twenty (120) square feet.
(c) Floor area; habitable room. Every habitable room, except a kitchen, shall have not less than seventy
(70) square feet of habitable room area and shall not be less than seven (7) feet in any dimension.
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(d) Occupancy load; sleeping room. Every rental housing unit shall contain at least one bedroom or
living/sleeping room of appropriate size for each two (2) persons. Every room occupied for sleeping
purposes by one person shall contain at least seventy (70) square feet of habitable room area and
every room occupied for sleeping purposes by two (2) people shall contain at least fifty (50) square
feet of habitable room area for each person.
(e) Occupancy Load; Rental Housing Unit. Every rental housing unit shall provide at least two hundred
twenty (220) square feet of floor area for the first two (2) occupants and one hundred (100) square
feet of floor area for each additional occupant. The floor area is to be calculated on the basis of total
dwelling unit area.
(f)
Bedroom access. In any rental housing unit that has more than one bedroom, access to any
bedroom shall not be through another bedroom or a bathroom.
(g) Bathroom access. In any rental housing unit, the occupants of each bedroom must have access to a
bathroom without going through another bedroom.
(h) Interior access. In any rental housing unit, access to bedrooms and bathrooms shall be from within
the unit.
(Ord. of 11-1-11(2), 1)
Sec. 7-221. - Safety and security.
(a) General provision. Every rental housing unit shall have security devices which restrict unlawful entry,
smoke detectors to provide fire safety and shall be maintained free from hazards to the health, safety
or welfare of the occupants.
(b) Stairway; tripping hazard. Every inside and outside stairway shall be maintained in sound condition
and free from any broken, rotted or missing steps or tripping hazards.
(c) Stairway; handrail. Every inside and outside stairway which contains three (3) or more risers shall be
provided with a handrail in sound condition securely fastened to a wall or balusters.
(d) Stairway; guardrail and enclosures. Every stairway which exceeds thirty (30) inches in height shall
be protected by a guardrail and enclosure material in sound condition. The openings in the enclosure
material shall be of a size to prohibit a spherical object four (4) inches in diameter from passing
through or under.
(e) Balcony and porch; guardrail and enclosures. Every balcony or porch higher than thirty (30) inches
above the ground shall be protected by a guardrail and enclosure material in sound condition. The
openings in the enclosure material shall be of a size to prohibit a spherical object four (4) inches in
diameter from passing through or under.
(f)
Locking devices; exterior doors. Exterior doors leading into rental housing units or tenant storage
rooms, which are reasonably accessible, shall have a locking device properly installed and in sound
condition capable of the use intended by its design. Specific requirements are as follows:
(1) Swinging exterior doors leading into rental housing units shall have thumb turn dead bolt locks
with a minimum one inch throw; and
(2) Sliding doors shall be provided with a locking device or devices which prevent lifting or sliding of
the locked door from the exterior of the unit.
(g) Door viewers. Every principal entrance door shall be equipped with at least a one hundred sixty
degree (160) eyeviewer. Principal entrance doors which contain a window or have an adjacent
window which allows a view of the area directly in front of the door, shall not require an eyeviewer.
(h) Locking devices; windows. Every openable window reasonably accessible from the outside shall
have a locking device or devices properly installed and in sound condition capable of the use
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intended by its design. Such devices shall prevent opening, lifting or sliding of the locked window
from the exterior of the unit.
(i)
Smoke detectors. Smoke detectors shall be installed in all existing rental housing units. The
installation of smoke detectors shall at least meet the requirements specified in Chapter 7 of the
International Code Council Property Maintenance Code (IPMC). The owner shall be responsible for
the installation, replacing the battery annually (if battery operated) and maintaining appropriate
records of required smoke detectors. Upon termination of a tenancy in any rental housing unit, the
owner, owner's agent or manager shall insure that any required smoke detectors are operational
prior to re-occupancy of the unit.
(Ord. of 11-1-11(2), 1)
Sec. 7-222. - Maintenance.
(a) General provision. Every rental housing unit interior and exterior shall be maintained in a condition
which provides the occupants with protection from the elements, a safe and healthy living
environment and housing free from deterioration or slum-like conditions.
(b) Interior; holes, cracks or breaks. Every floor, interior wall and ceiling, cabinet and all appurtenances
thereto shall be kept in sound condition and free of holes, cracks or breaks that may injure a person,
admit or harbor insects or rodents, admit dampness or restrict privacy. Every hole cut in floors, walls
or ceilings for the passage of plumbing fixtures or pipes shall be sealed to prevent the passage of
insects, rodents or vermin.
(c) Interior; paint and plaster. Every floor, interior wall and ceiling, cabinet and all appurtenances thereto
shall be kept free of any loose, cracked, scaling, chipping or peeling paint or plaster. All interior
painted surfaces shall be painted with paint which is lead free.
(d) Floor coverings; tripping hazards. Floor coverings that are torn or loose and located on a stairway or
within three (3) feet of a stairway shall be removed or repaired to prevent tripping. Tears in excess of
six (6) inches and tears or projections rising one-quarter () inch or more above the floor surface in
any location present a tripping hazard and shall be repaired.
(e) Floor coverings; deteriorated, unsafe, unsanitary. Floor coverings such as carpeting, tile, linoleum
and similar materials shall be repaired or replaced when the floor covering is severely deteriorated or
when the condition of the floor covering creates an unsafe or unsanitary environment.
(f)
Exterior; weather tight, watertight and vermin proof. Every foundation, roof and exterior wall shall be
reasonably weather tight, watertight and vermin proof and shall be kept in sound condition.
(g) Exterior; deteriorated or slum-like. All exposed exterior surfaces shall be maintained so as to be
impervious to moisture and weather elements and every rental housing unit shall be free of broken,
rotted, split or buckled exterior wall coverings or roof coverings. All exposed exterior surfaces shall
not otherwise present a deteriorated or slum-like appearance and will meet the specific requirements
which follow:
(1) All exterior wood surfaces shall be protected from the elements and from deterioration by paint
or other protective treatment; except such wood surfaces composed of wood that is naturally
resistant to decay;
(2) All exterior painted surfaces shall be painted with paint that is lead free and shall be free of
loose, cracked, scaling, chipping or peeling paint in such amounts as to present a deteriorated
or slum-like appearance;
(3) Roof coverings shall be watertight and weather tight and shall be free of broken, rotted, split,
curled or missing roofing material in such amounts as to present a deteriorated or slum-like
appearance. All roofing materials shall meet the requirements of all adopted codes and
ordinances; and
Page 143
(4) Replacement materials and paint used to repair or repaint exterior surfaces of a rental housing
unit shall be visually compatible with the remainder of the materials and paint on the exterior of
the unit.
(h) Landscaping. Every rental housing unit shall have landscaping in all yard areas which are visible
from a public street, alley or sidewalk or a neighboring property. Such landscaping shall be installed
and maintained so as to enhance the appearance and value of the property on which it is located
and shall not present a deteriorated or slum-like appearance.
(i)
Exterior areas; tripping hazards. Every common area, sidewalk, driveway, parking lot and parking
area of rental housing units shall be free from holes, depressions or projections that may cause
tripping or may injure a person or otherwise present a hazard, including damage to a vehicle.
(j)
Inoperable vehicles; common parking areas. Common parking lots and parking areas, serving more
than one (1) rental housing unit, shall be maintained free from the storage of abandoned, wrecked,
dismantled, unregistered or inoperable vehicles.
(k) Inoperable vehicles; other areas. Parking areas serving only one (1) rental housing unit, shall be
maintained free from the storage of wrecked, dismantled or inoperable vehicles. It is an affirmative
defense to a violation of this subsection based on a wrecked, dismantled or inoperable vehicle, that
the vehicle was titled to a resident of the property, that the vehicle was undergoing repair, and that
the wrecked, dismantled or inoperable vehicle was repaired and any evidence of the repairs was
removed within fourteen (14) days after the repair was begun.
(l)
Swimming pools; maintenance. All swimming pools, architectural pools and spas shall be properly
maintained so as not to create a safety hazard, harbor insect infestation or create a deteriorated or
slum-like appearance.
(m) Stagnant water. All premises shall be maintained so as to prevent the accumulation of stagnant
water when such water causes a hazardous or unhealthy condition, becomes a breeding area for
insects or causes damage to foundation walls.
(n) Infestation. Every rental housing unit and premises shall be kept free from insect, rodent or vermin
infestation. Every rental housing unit and premises shall be free from the presence or apparent
evidence of insect or rodent infestation, other noxious pests, nesting places and any other unsightly
or unsanitary accumulation which may harbor insects, rodents or other vermin.
(o) Maintenance of facility and equipment. Every supplied facility, piece of equipment or utility shall be
so constructed, installed and maintained so that it will function safely and effectively and remain in
sound condition.
(p) Discontinuation of services. No owner, agent or manager shall cause any services, facilities,
equipment or utilities which are required under this code to be removed from, shut off or discontinued
in any occupied rental housing unit except for such temporary interruption as may be necessary
while actual repairs or alterations are in process.
(q) Responsibility for maintenance. It shall be the responsibility of the owner, agent and manager to
provide for the interior and exterior maintenance of the rental housing unit and premises.
(Ord. of 11-1-11(2), 1)
DIVISION 3. - ADMINISTRATION AND ENFORCEMENT
Sec. 7-230. - Commencement of action.
Page 144
(a) The department of development services is assigned the primary responsibility of enforcing this
chapter and is granted the authority expressly and impliedly needed and necessary for enforcement.
(b) Nothing in this section shall preclude employees of the department of development services from
seeking voluntary compliance with the provisions of this chapter or from enforcing this chapter,
proactively or reactively, through warnings, citations, or other such devices designed to achieve
compliance in the most efficient and effective manner under the circumstances.
(c) The department of development services is authorized to recommend reasonable and necessary
rules and regulations to carry out the provisions of this article which shall be approved by resolution
of the city council.
(d) Once a violation has been identified by inspection, Chapter 28 Article I Comprehensive Ordinance
Enforcement Code prescribes the enforcement actions to be taken by the City of Tupelo.
(e) Re-inspection fees will be as follows:
3nd inspection .....$100.00
4rd inspection .....$200.00
5th inspection .....$400.00
6th inspection without compliance .....Citation to court.
(Ord. of 11-1-11(2), 1)
Sec. 7-231. - Transfer of property after notice.
(a) Written assumption of responsibility. The transfer of any or all property interest in any manner,
including but not limited to, the sale, trade, lease, gift or assignment of any real property against
which a citation has been issued or allegations of violations have been filed with the court shall not
relieve the parties unless the legal entity assuming interest in such property, in writing, assumes
responsibility for compliance with the notice to comply or alleged violations and a copy of such
writing is presented to the city.
(b) Criminal violation. Any legal entity, real or statutory, who transfers the ownership interest in real
property, against which a citation has been issued or allegations of violations have been filed with
the court, shall be guilty of a class 1 misdemeanor unless they have obtained a written acceptance of
responsibility for compliance with the citation or court action from the new owner.
(Ord. of 11-1-11(2), 1)
Sec. 7-232. - Vacation of tenants; re-occupancy.
(a) comply even if vacated. An owner, agent or manager served with a citation or enforcement
proceeding for violations of article XII of this chapter shall not be relieved from responsibility to
comply because the tenant(s) have vacated the rental housing unit.
(b) Compliance before re-occupancy. The owner, agent or manager of a rental housing unit shall not
lease, rent or otherwise make available for occupancy by tenants any unit until such unit has been
inspected and a new certificate of occupancy has been issued or against which a citation has been
issued or an enforcement action has been instituted until the violations contained in the citation or
enforcement proceeding have been corrected and a new certificate of occupancy has been issued.
The director of development services or designee may choose to forego the inspection of the units
which historically have complied with all applicable codes and ordinances.
Page 145
(Ord. of 11-1-11(2), 1)
Sec. 7-233. - Conflict of ordinances.
In any case where a provision of this Code is found to be in conflict with a provision of any zoning,
building, fire, safety, or health ordinance or code of the city, existing on the effective date of this code, the
provision which establishes the higher standard for the promotion and protection of the health and safety
of the community shall prevail.
(Ord. of 11-1-11(2), 1)
Chapter 8 - CEMETERIES
FOOTNOTE(S):
--- (1) --Cross reference Parks and recreation, Ch. 20; streets, sidewalks and other public places, Ch. 24
State Law reference Municipal authority to regulate municipal cemeteries, MCA 1972, 21-37-21;
Cemetery Law, MCA 1972, 41-43-31 et seq.
Sec. 8-1. - Area designated.

The plat of land, owned by the city bounded on the south by the Tom Joyner property, on the west by
the Frisco Railroad, on the north by the south line of Fletcher Street, if extended west, and on the east by
Joyner Avenue, containing eight (8) acres, more or less, is hereby designated for cemetery purposes.
(Ord. of 9-1-53, I)
Sec. 8-2. - Name.
The cemetery designated by section 8-1 shall be named the Tupelo Memorial Park.
(Ord. of 9-1-53, II)

Sec. 8-3. - Type; marking of graves.
The cemetery designated by section 8-1 shall be of the memorial park type and shall be developed
in accordance with the standard of recognized practices for this type of burial place. No tombstones,
monuments, curbs or promiscuous planting of shrubs, flowers, and trees will be permitted. Graves may be
marked by bronze, granite or marble markers (approximately twenty-four (24) by twelve (12) inches) and
lots by bronze, granite and marble markers (approximately forty-eight (48) by twenty-four (24) inches) set
flush with the lawn.
(Ord. of 9-1-53, III)

Page 146
Sec. 8-4. - Burial spaces.

(a) The mayor and board of aldermen has caused part of the plat designated by section 8-1 for
cemetery purposes to be subdivided into roads, walks, planting areas, blocks, lots, and burial
spaces.
(b) These burial spaces and lots will be sold by the city at rates to be established from time to time.
(Ord. of 9-1-53, IV)

Chapter 9 - EMERGENCY MANAGEMENT
FOOTNOTE(S):
--- (1) --Cross reference Administration generally, Ch. 2; buildings and building regulations, Ch. 7; fire
prevention and protection, Ch. 10; flood damage prevention and control, Ch. 11; health and sanitation,
Ch. 13; mobile homes and mobile home parks, Ch. 16; offenses and miscellaneous provisions, Ch. 19;
parks and recreation, Ch. 20; planning, Ch. 21; police, Ch. 22; streets, sidewalks and public places, Ch.
24; utilities, Ch. 26
State Law reference Emergency Management Law, MCA 1972, 33-15-1 et seq.

This chapter shall be known and may be cited and referred to as the "Emergency Management" or
"Civil Defense Ordinance of Tupelo, Mississippi."
(Ord. of 1-22-80, 1)
Sec. 9-2. - Intent and purpose.
(a) It is the intent and purpose of this chapter to establish an office that will ensure the complete and
efficient utilization of all city facilities to prepare for the combat local emergencies resulting from
enemy actions and other local emergencies defined herein.
(b) The emergency management office will be the coordinating agency for all activity in connection with
disaster planning and operations. It will be the instrument through which city officials may exercise
authority and discharge responsibilities vested in them by the Mississippi Emergency Management
Law as amended, and this chapter.
(c) This chapter will not relieve any city department of the moral responsibilities or authority given to it by
state statutes, city ordinance, nor will it adversely affect the work by any volunteer agency organized
for relief in local emergencies.
(Ord. of 1-22-80, 2)
State Law reference Duty to establish local emergency management organization, MCA
1972, 33-15-7.
Page 147

The following definitions shall apply in the interpretation of this chapter:
Attack means a direct or indirect assault against this city, its government, its environs, or the nation,
by forces of a hostile nation or the agents thereof, including assault by bombing, radiological, chemical or
biological warfare, or sabotage.
Chief administration officers mean the mayor and board of aldermen: The board of supervisors of
Lee County shall be included, if any portion of Lee County outside the city limits is directly involved in the
local emergency.
Director shall be the executive head of the emergency management office under the direction and
control of the chief administrative officers.
Disaster volunteer means any person duly registered, identified and appointed by the director of the
office of emergency management and assigned to participate in the local emergency management
operational activity.
Emergency forces means the employees, equipment and facilities of all city departments, boards,
institutions, and personnel, equipment and facilities contributed by, or obtained from, volunteer persons or
agencies.
Emergency management means the preparation for the carrying out of all emergency measures and
functions, other than functions for which military forces or other federal agencies are primarily
responsible, to prevent, minimize and repair injury, damage and loss resulting from disasters or
emergencies caused by or that would be caused by enemy attack, sabotage, or other hostile action, or by
natural, manmade or technological causes, and the recovery therefrom. These measures and functions
include, without limitation, firefighting services, police services, medical and health services, rescue,
engineering, warning services, natural resource and technological management services,
communications, radiological, chemical and other special weapons defense, evacuation of person from
stricken or threatened areas, emergency welfare services, emergency transportation, plant protection,
temporary restoration of public utility services, and other measures and functions related to civilian
protection, together with all other activities necessary or incidental to the preparation for and carrying out
of the foregoing measures and functions.
Local emergency means the duly proclaimed existence of conditions of disaster or extreme peril to
the safety of persons and property within the territorial limits of the county and/or city caused by such
conditions as air or water pollution, fire, flood, storm, epidemic, earthquake, resource shortages or other
natural or manmade conditions, which conditions are or are likely to be beyond the control of the services,
personnel, equipment and facilities of the political subdivision and require the combined forces of other
subdivisions or of the state to combat.
Regulations shall include plans, programs, and other emergency procedures deemed essential to
local emergency management and operations.
Volunteer means contributing a service, equipment or facilities to the emergency management
organization without remuneration.
(Ord. of 1-22-80, 3)
Sec. 9-4. - Organization; appointment.
(a) The mayor and board of aldermen are hereby authorized to create an organization for emergency
management, using to the fullest extent the existing agencies within the city.
Page 148
(b) The mayor as chief administrative officer of the city government shall be responsible for the
organization, administration and operations of the emergency management and operational forces of
the city.
(c) The mayor will designate a line of succession for those bodies to ensure that the necessary
responsibility for direction and control can be exercised in the event of absence or inability of the
chief administrative officer to act.
(d) The organization shall consist of the following:
(1) An office of emergency management under the direction of the mayor and board of aldermen.
There shall be an executive head of emergency management who shall be known as the
director, and such assistants and other employees as deemed necessary for the proper
functioning of the organization.
(2) The employees, equipment, and facilities of the city departments, will participate in the
emergency preparedness activities. Duties assigned to a department shall be the same or
similar to the normal duties of the department.
(3) Volunteer persons and agencies offering service to, and accepted by, the city.
(e) The mayor and board of aldermen, in accordance with agreements with participating political
subdivisions, will appoint a director for emergency management who shall be a person well versed
and trained in planning and operations involving the many different agencies which will operate to
protect the public health, safety, and welfare in the event of danger from enemy attack or local
emergency as defined in this chapter. The director will act as an advisor to the chief administrative
officers during emergencies.
(f)
The police chief, who is the chief law enforcement officer of the city will serve as principal advisor to
the chief administrative officers on the implementation of emergency power under this chapter during
nonwartime emergencies or disasters.
(Ord. of 1-22-80, 4)
Sec. 9-5. - Emergency powers and duties.
(a) The chief administrative officers shall be the mayor and the board of aldermen and the county board
of supervisors, if unincorporated areas within Lee County are directly involved in the emergency
situation.
(b) The chief administrative officers may exercise the emergency power and authority necessary to fulfill
the general powers and duties under this chapter and their judgment shall be the sole criteria
necessary to invoke emergency powers provided in this chapter and those invested by state statutes
listed in MCA 1972, 33-15-17. The administrative officers may convene to perform their powers as
the situation demands, and receive reports relative to local emergency management activities.
(c) The chief administrative officers may promulgate such regulations, during any period when a local
emergency threatens or exists, as is deemed necessary to protect life and property and preserve
critical resources. Examples of regulations, but not necessarily limited to the same, are:
(1) Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of
local emergency forces, or to facilitate the mass movement of persons from critical areas.
(2) Regulations pertaining to the movement of persons from areas deemed to be hazardous or
vulnerable to local emergency.
(3) Such other regulations as are necessary to preserve public peace, health and safety.
(4) Regulations promulgated in accordance with law will be given widespread circulation by
proclamation published and uttered by newspaper and radio. Any person violating the
provisions of orders issued by the chief administrative officers pursuant to law during a
Page 149
proclaimed civil emergency shall be guilty of a misdemeanor and be punished as provided in

section 1-8 of this Code.
(d) The chief administrative officers shall order local emergency forces to the aid of other communities
when required in accordance with the statutes of the state and they may request the state, or a
political subdivision of the state, to send aid to the city in case of a local emergency where conditions
in the city are beyond the control of the local emergency forces.
(e) The chief administrative officers may obtain vital supplies, equipment, and other properties found
lacking and needed for the protection of health, life and property of the people, and bind the city for
the fair value thereof.
(f)
The chief administrative officers may require emergency of city/county officers or employees. If
regular forces are determined to be inadequate, the chief administrative officers may require the
services of such other personnel as can be obtained that are available, including volunteer citizens.
All duly authorized persons rendering local emergency services shall be entitled to the privileges and
immunities as are provided by state law and local regulations for regular identified local emergency
workers. Claims from appropriate compensation for this assistance will be processed when
conditions warrant consideration.
(g) Under the supervision of the county board of supervisors, the director shall be responsible for, but
not necessarily limited to, the following duties:
(1) For the planning, coordination and operation of the emergency management and operation
activity of the political subdivision. Under the direction of the chief administrative officers, he
shall maintain liaison with the state and federal authorities and the authorities of other nearby
political subdivisions as to ensure the most effective operation of the emergency operations
plan.
(2) The recruitment of volunteer personnel and agencies to augment those of the political
subdivision and areas not assigned to personnel and agencies of the political subdivision.
(3) Negotiating and concluding agreements with owners or persons in control of buildings for
sheltering the public during nuclear conditions and to designate these buildings as public
shelters.
(4) Establish a public information program which will inform the people of actions required for the
protection of their persons and property in case of disaster.
(5) Conducting public practice alerts and tests to ensure efficient operation of the local emergency
forces and to familiarize residents with local emergency regulations, procedures and operations.
(6) Coordinating the activity of all other public and private agencies engaged in any local
emergency management or operation activity.
(7) Assuming such authority and conducting such activity as the chief administrative officers may
direct to promote and execute the local emergency management and operation plan.
(8) Establish a reporting system to keep the city and county officials informed on the emergency
management level of the political subdivision at all times.
(9) Some of the duties ascribed to the chief administrative officers may, at their discretion, be
handled by the director, but the responsibility and authority stems from and remains with the
chief administrative officers.
(Ord. of 1-22-80, 5)
State Law reference Relocation of municipal government during state of emergency, MCA
1972, 17-7-5; municipal authority to restrict movement during state of emergency, MCA 1972,
21-19-17.
Page 150
Sec. 9-6. - Emergency operations plan.

(a) A comprehensive emergency operations plan shall be adopted and maintained by order of this
chapter upon recommendation of the local emergency director. In the preparation of this plan as it
pertains to the emergency management organization, it is the intent that the service, equipment,
facilities and personnel of all existing departments, agencies, boards, and commissions shall be
used to the fullest extent possible. When approved, it shall be the duty of all concerned departments
and agencies to perform the functions assigned by the plan and to maintain their portion of the plan
in a current state of readiness at all times. The basic plan shall be considered supplementary to this
chapter, and have the effect of law whenever a local emergency, as defined by this chapter has been
proclaimed.
(b) The mayor and aldermen shall prescribe in the emergency operations plan those positions within the
disaster organization, for which lines of succession are necessary. In each department and agency,
the responsible person will designate and keep on file with the director a current list of three (3)
persons as successors to his position. The list will be in order of succession and will as nearly as
possible designate persons best capable of carrying out all assigned duties and functions.
(c) Each department and agency head assigned responsibility in the basic plan shall be responsible for
carrying out all duties and functions assigned therein. Duties will include the organization and
training of assigned employees and volunteers. Each department and agency head shall formulate
the operational plan for his service which, when approved, shall be an annex to and a part of the
basic plan.
(d) Amendments to the basic emergency operations plan will be submitted to the city executive officials
for approval. The local emergency director will make recommendations to the city relative to
proposed amendments. Such amendments shall take effect on the date of approval unless action is
taken to invoke prior approval. If an amendment is pending at the time that a local emergency is
proclaimed under provisions of this chapter, the amendment will be considered approved and will
remain effective unless specifically revoked by the city.
(e) When required competency or skill for a local emergency function is not available within the city
government, the chief administrative officers are authorized to direct the director to seek assistance
from persons outside of government. The assignment of duties, when of a supervisory nature, shall
also grant authority for the persons so assigned to carry out such duties prior to, during and after the
occurrence of a local emergency. Such services from persons outside the government may be
accepted by the city on a volunteer basis. Such citizens shall be enrolled as local emergency
assistance volunteers in cooperation with the heads of the departments affected.
(Ord. of 1-22-80, 6)
Sec. 9-7. - Organization and private liability.
(a) Neither the city nor any department head within the city nor agents and representatives willful
thereof, while acting in good faith and without misconduct, complying with or attempting to comply
with any order, rule or regulation promulgated pursuant to the provisions of this chapter shall be
liable for any damage sustained to persons or property as the result of such activity.
(b) Neither any person owning or controlling real estate or other premises who voluntarily and without
compensation grants the city the right to license, inspect, designate or use the whole or any part or
parts of such real estate or premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack or during the occurrence of natural or manmade local
emergencies shall be civilly liable for the death or injury to any person on or about such real estate or
premises by virtue of its use for civil defense purposes, or loss of, or damage to, the property of such
person, except in case of willful misconduct.
(Ord. of 1-22-80, 7)
Page 151
Sec. 9-8. - Conflicting ordinances, orders, rules and regulations suspended.

At all times when the orders, rules and regulations made and promulgated pursuant to this chapter
shall be in effect, they shall supersede all ordinances, orders, rules and regulations insofar as the latter
may be inconsistent therewith.
(Ord. of 1-22-80, 11)

Sec. 9-9. - Violations of chapter and regulations.
It shall be unlawful for any person to violate any of the provisions of this chapter or of the regulations
or plans issued pursuant to the authority contained herein defined in the enforcement of the provisions of
this chapter or any regulation or plan issued thereunder.
(Ord. of 1-22-80, 8)
Sec. 9-10. - Penalty.
Any person violating any provision of this chapter, or any rule or regulation promulgated thereunder,
upon conviction thereof, shall be guilty of a misdemeanor and be punished as provided in section 1-8 of
this Code.
(Ord. of 1-22-80, 9)
ARTICLE II. - STRUCTURE ADDRESS REGULATIONS
Sec. 9-20. - New structures and mobile homes.

(a) All persons, firms, corporations and other legal entities constructing new structures or locating or
relocating mobile homes in Tupelo, Mississippi, shall obtain an address notification form or serial
number, duly issued by Lee County Communications, E911 address systems office.
(b) Any utility company operating in the city shall advise all customers when requesting service that a
serial number from Lee County Communications (869-2911) must be obtained to ensure that the
correct location of each structure or mobile home, including a mobile home that is moved from one
location to another is the correct address. A "new structure" is defined as a house, apartment or
commercial structure newly constructed, being occupied by the applicant for the first time and that
will require an installation visit to obtain service. The subscriber will be required to provide proof that
an address notification form has been obtained or that a proper address as been issued. Proof shall
consist of providing the assigned street and structure number and the serial number of the address
notification form as issued by Lee County Communications, E911 address systems office.
(c) Applicants shall apply for the address notification form from Lee County Communications, E911
address systems office. Application may be made via telephone or in writing to Lee County
Communications, E911 address systems office. Lee County Communications, E911 address
systems office shall furnish the applicant with a copy of the address notification form necessary to
present to the utility companies and the United States Postal Service, when requested by said
utilities and postal service. When a request is made for an address, the approximate location will be
Page 152
obtained from the resident along with any identifying structures or landmarks which may help locate
the structure or property requiring the address.
(d) As soon as is practically possible after request is made for an address to Lee County
Communications, E911 address systems office, an address shall be issued and the necessary form
filled out and a serial number assigned to said form. The address systems office shall maintain a
record of all addresses issued.
(Ord. of 3-16-99, 1)
Sec. 9-21. - Existing structures.
(a) Lee County Communications, E911 address systems office ("Lee County E911 Office") will notify
existing property owners, residents and/or tenants in writing of the need to obtain an E911 address.
(b) Prior to the issuance of an E911 address, the Lee County E911 office will contact the property
owner, resident or tenant to arrange a meeting to discuss the address system. No E911 address will
be issued or affixed to an existing structure without such meeting with the property owner, resident or
tenant.
(c) An address notification form will be furnished to the property owner, resident or tenant. As soon as is
practically possible, the Lee County E911 office shall issue an E911 address to the property owner,
resident or tenant. The E911 office shall maintain a record of all addresses issued.
(d) The property owner, resident or tenant shall have one (1) year from the date of issuance to affix the
E911 address number as directed in section 9-22 of this article and to notify all interested parties of
the change in address.
(Ord. of 3-21-00, 2)
referred to posting of designated address numbers.
Sec. 9-22. - Posting of designated address numbers.
(a) Lee County Communications, E911 address systems office shall affix the assigned number in a
conspicuous place on the structure with standard four (4) inch black numbers. The applicant may
select and purchase numbers of different design that meet the minimum requirements of four (4) inch
numbers. The applicant shall affix the number(s) selected in a conspicuous place within thirty (30)
days.
(b) The applicant shall remove any different number which might be mistaken for or confused with the
number assigned to said structure by the issuing authority.
(c) Each principal building or structure wall shall display the number assigned to the frontage on which
the front entrance is located. In case the principal building is occupied by more than one (1) business
or family dwelling unit, each separate front entrance shall display a separate number. Where suite or
lot numbers are assigned, the suite or lot number shall also be displayed in the same manner as the
house number.
(d) Numerals indicating the official numbers assigned to each principal building, or each front entrance
to such building, shall be posted in a manner as to be legible and distinguishable from the street or
road on which the property is located with numbers painted or applied, of not less than four (4)
inches in height.
(e) Mail boxes shall be marked with the house number as assigned by Lee County Communications,
E911 addressing office.
Page 153
(f)
If the structure is not visible from the street or road on which it is located, and no mail box is beside
the driveway leading to the structure, a sign or number post shall be erected which will allow the
numbers to be displayed either vertically from the top down or horizontally.
(g) In the event that the owner or occupant or person in charge of any house or building refuses to
comply with the terms of this article by failing to affix the number assigned within thirty (30) days after
notification, or by failing within said period of thirty (30) days to remove any old numbers affixed to
such house, or house entrance, or elsewhere, which may be confused with the number assigned
thereto, said owner or occupant shall be punished by paying a fine of not less than ten dollars
($10.00) for every day that the situation is not rectified after receiving a written citation for such
failure to comply with Lee County Communications, E911 address systems office.
(Ord. of 3-21-00, 3)
Editor's note Ord. of 3-21-00, 3, amended 9-22 in its entirety. Formerly said section
pertained to article limits.
Sec. 9-23. - Ordinance limits.
This article is limited to structures in the City of Tupelo, Mississippi.
(Ord. of 3-21-00, 3)
Chapter 10 - FIRE PREVENTION AND PROTECTION
FOOTNOTE(S):
--- (1) --Cross reference Buildings and building regulations, Ch. 7; emergency management, Ch. 9; fire
protection, etc. at airport, 42-141 et seq.; flood damage prevention and control, Ch. 11; garbage, trash
and refuse, Ch. 12; health and sanitation, Ch 13; fire protection for mobile home parks, 16-11; planning,
Ch. 21; streets, sidewalks and public places, Ch. 24; utilities, Ch. 26
FOOTNOTE(S):
--- (2) --State Law reference Municipal authority to adopt fire prevention regulations, MCA 1972, 21-19-21;
state fire prevention code, MCA 1972, 45-11-1 et seq.
Sec. 10-1. - CodeAdopted.

The International Fire Code, 2006 Edition, with Appendices C and D and the NFPA, Life Safety
Code, 2006 Edition, are adopted by reference as if they were copied fully herein, except that Section 506
of the International Fire Code, 2006 Edition is amended to require commercial businesses have City of
Tupelo Fire Prevention Bureau approved key access boxes installed and Sections 24-3.5.1 and 24-3.5.3
of the NFPA, Life Safety Code, 2006 Edition are deleted.
Page 154
(Ord. of 5-6-86, 1; Ord. of 9-16-97, 1; Ord. of 11-3-98, 19; Ord. of 4-2-02(2); Ord. of 3-907, 8)
Cross reference Building code, 7-26 et seq.; electrical code, 7-46 et seq.; gas code, 7-61
et seq.; housing code, 7-81 et seq.; plumbing code, 7-96 et seq.; swimming pool code, 7116 et seq.; mechanical code, 7-131 et seq.
Sec. 10-2. - SameDefinitions.
(a) Wherever the word "municipality" is used in the fire prevention code adopted by section 10-1, it shall
be held to mean the City of Tupelo, Mississippi.
(b) Wherever the term "corporation counsel" is used in the fire prevention code adopted by section 10-1,
it shall be held to mean the attorney for the city.
(Ord. of 9-17-74, 3)
Sec. 10-3. - SameModifications.
The chief of the bureau of fire prevention shall have power to modify any of the provisions of the fire
prevention code adopted by section 10-1 upon application in writing by the owner or lessee, or his duly
authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the
code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice
done. The particulars of such modification when granted or allowed and the decision of the chief of the
bureau of fire prevention thereon shall be entered upon the records of the department and a signed copy
shall be furnished the applicant.
(Ord. of 9-17-74, 11)

Sec. 10-4. - SameAppeals from decisions under.
Whenever the chief of the bureau of fire prevention shall disapprove an application or refuse to grant
a permit applied for, or when it is claimed that the provisions of the code adopted by section 10-1 do not
apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the chief of the bureau of fire prevention to the chief of the fire
department and the mayor, acting jointly as an appeals committee, within thirty (30) days from the date of
the decision appealed.
(Ord. of 9-17-74, 12)

Sec. 10-5. - SameNew materials, processes or occupancies which may require permits.
The mayor of the city, the chief of the fire department and the chief of the bureau of fire prevention
shall act as a committee to determine and specify, after giving affected persons an opportunity to be
heard, any new materials, processes or occupancies which shall require permits, in addition to those now
enumerated in the code adopted by section 10-1. The chief of the bureau of fire prevention shall post
such list in a conspicuous place in his office, and distribute copies thereof to interested persons.
(Ord. of 9-17-74, 13)

Sec. 10-6. - Bureau of fire preventionGenerally.
Page 155
(a) The fire prevention code adopted by section 10-1 shall be enforced by the bureau of fire prevention
in the fire department of the city which is hereby established and which shall be operated under the
supervision of the chief of the fire department.
(b) The chief in charge of the bureau of fire prevention shall be appointed by the chief of the fire
department of the city. His appointment shall continue during good behavior and satisfactory service,
and he shall not be removed from office except for cause.
(c) The chief of the fire department may detail such members of the fire department as inspectors as
shall from time to time be necessary.
(d) A report of the bureau of fire prevention shall be made annually and transmitted to the chief
executive officer of the municipality; it shall contain all proceedings under the code adopted by
section 10-1, with such statistics as the chief of the fire department may wish to include therein; the
chief of the fire department shall also recommend any amendments to such code which, in his
judgment, shall be desirable.
(Ord. of 9-17-74, 2)
Cross reference Administration generally, Ch. 2
Sec. 10-7. - SameMiscellaneous powers.
(a) The bureau of fire prevention shall have the power to require necessary access for ingress and
egress in public buildings and is empowered to regulate so as to provide necessary access for
ingress and egress to public buildings.
(b) The bureau of fire prevention shall have the power to require that new buildings be constructed in
accordance with the requirements of the code adopted by section 10-1, and shall have the power to
require that existing buildings meet proper safety requirements.
(c) Fire drills may include, at the discretion of the bureau of fire prevention, school buses and other
public transportation facilities.
(Ord. of 9-17-74, 10(A)(C))

Sec. 10-8. - Access for firefighting equipment.
Access shall be provided for firefighting equipment to all places under construction over an allweather road or driveway provided by the party responsible for the building or buildings under
construction.
(Ord. of 9-17-74, 10(D))

Sec. 10-9. - Establishment of limits of districts in which storage of explosives and blasting agents is to be
prohibited.
The limits referred to in Section 1901.4.2 of the Fire Prevention Code adopted by section 10-1, in
which storage of explosives and blasting agents is prohibited, are hereby established as follows: There
shall be no storage of explosives or blasting agents in areas which are zoned residential or in areas which
are heavily populated or in commercial areas which are closely built-up.
(Ord. of 9-17-74, 4)
Page 156
Sec. 10-10. - Establishment of motor vehicle routes for vehicles transporting explosives and blasting
agents.
The routes referred to in Section 1903.2.11 of the Fire Prevention Code for vehicles transporting
explosives and blasting agents are hereby established as follows: Trucks or other vehicles transporting
explosives and blasting agents shall follow the bypass or the Appalachian Road in going around the city
and shall not operate in the downtown area or in heavily congested traffic.
(Ord. of 9-17-74, 7; Ord. of 11-3-98, 11)

Sec. 10-11. - Establishment of motor vehicle routes for vehicles transporting hazardous chemicals or
other dangerous articles.
The routes for vehicles transporting hazardous chemicals and other dangerous articles are hereby
established as follows: Trucks or other vehicles transporting hazardous chemicals or other dangerous
articles shall follow the bypass or the Appalachian Road in going around the city and shall not operate in
the downtown area or in heavily congested traffic.
(Ord. of 9-17-74, 8)
Sec. 10-12. - Establishment of fire lanes on private property, devoted to public use.
Fire lanes are hereby established as follows: Fire lanes twelve (12) feet in width which may include
driveway space shall be established at each of the Tupelo malls, at shopping centers, and at large places
of assembly. The fire lanes shall be marked, and the blocking of a fire lane is a misdemeanor and anyone
guilty of blocking the fire lane may be prosecuted.
(Ord. of 9-17-74, 9)
Sec. 10-13. - Fire hydrants.
Fire hydrants shall be fitted with two (2) two and one-half (2)-inch hose connections and one (1)
four and one-half (4)-inch steamer connection with national standard threads. The above ground part of
the hydrant shall be given a prime coat then two (2) coats of approved, white, weatherproof enamel paint.
Hydrants shall also meet construction specifications as defined by Tupelo Water and Light.
(Ord. of 5-20-08(1), 1)
Editor's note An ordinance adopted May 20, 2008 renumbered 10-13 as 10-15. See Code
Comparative Table.
Sec. 10-14. - Post indicating valves.
All post indicating valves or wall indicating valves that are a component of a fire sprinkler system that
is in an unsecured area of a building shall be locked with a Knox Padlock and chain designed for exterior
use. It shall be unlawful to remove or tamper with the lock or chain except for in the event of an
emergency. Anyone who willfully damages or tampers with the chain and lock without permission of the
Bureau of Fire Prevention of the Fire Chief shall be guilty of a misdemeanor, punishable as provided in
section 1-8 of this Code of Ordinances.
(Ord. of 5-20-08(1), 2)
Page 157

(a) Any person who shall violate any of the provisions of the code adopted in section 10-1, or fail to
comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken,
or who shall fail to comply with such an order as affirmed or modified by the appeals committee or by
a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such
violation and noncompliance respectively, be guilty of a misdemeanor, punishable as provided in
section 1-8 of this Code of Ordinances. The imposition of one (1) penalty for any violation shall not
excuse the violation or permit it to continue; and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time; and when not otherwise specified, each
ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
(b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited
conditions.
(Ord. of 9-17-74, 14; Ord. of 5-20-08(1), 3)

Editor's note An ordinance adopted May 20, 2008 renumbered 10-13 as 10-15. See Code
Comparative Table.
Chapter 11 - FLOOD DAMAGE PREVENTION AND CONTROL
FOOTNOTE(S):
--- (1) --Editor's noteAn ordinance adopted Feb. 2, 2010, 2, repealed ch. 11, Arts. IIII, 11-111-10, 112111-25, 11-36, 11-37, 11-5111-54, in its entirety and enacted new provisions to read as herein set
out. Prior to this amendment, ch. 11 pertained to similar subject matter. See Code Comparative Table for
derivation.
Cross reference Buildings and building regulations, Ch. 7; emergency management, Ch. 9; health and
sanitation, Ch. 13; mobile homes and mobile home parks, Ch 16; planning, Ch 21; streets, sidewalks and
public places, Ch. 24; utilities, Ch. 26; subdivision regulations, App. A; zoning regulations, App. B.
ARTICLE I. - STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES
Sec. 11-1. - Statutory authorization.

The Legislature of the State of Mississippi has in Title 17, Chapter 1, Mississippi Code of 1972
Annotated delegated the responsibility to local government units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of
Tupelo, Mississippi does hereby adopt the following floodplain management regulations.
(Ord. of 2-2-10(1), 2)
Sec. 11-2. - Findings of fact.
Page 158
(a) Tupelo, Mississippi is subject to periodic inundation, which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions, both inside and outside the
identified special flood hazard areas, causing increases in flood heights and velocities and by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are
inadequately elevated, floodproofed, or otherwise unprotected from flood damages.
(Ord. of 2-2-10(1), 2)
Sec. 11-3. - Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or
erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers
which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging, and other development which may increase erosion or flood
damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
(Ord. of 2-2-10(1), 2)
Sec. 11-4. - Objectives.
The objectives of this article are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(6) To help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and
(7) To ensure that potential homebuyers are notified that property is in a floodprone area.
(Ord. of 2-2-10(1), 2)
Sec. 11-5. - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
Page 159
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage,
and;
(5) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters
or may increase flood hazards in other areas.
(Ord. of 2-2-10(1), 2)
ARTICLE II. - DEFINITIONS
FOOTNOTE(S):
--- (2) --Editor's noteIn keeping with the numbering style of this Code, section 11-6 has been titled to include
art. II, definitions and 11-7 is now reserved. Said ordinance sections 11-711-34 have been
renumbered as 11-811-35.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to
give them the meaning they have in common usage and to give this chapter it's most reasonable
application.
A Zoneis the area of special flood hazard without base flood elevations determined.
A1-A30 and AE zone is the area of special flood hazard with base flood elevations determined.
Accessory structure (appurtenant structure) means a structure, which is located on the same parcel
of property as the principal structure and the use of which is incidental to the use of the principal
structure. Accessory structures should constitute a minimal investment, may not be used for human
habitation, and be designed to have minimal flood damage potential. Examples of accessory structures
are detached garages, carports, storage sheds, pole barns, and hay sheds.
Addition (to an existing building) means any walled and roofed expansion to the perimeter or height
of a building. Any addition shall be considered new construction. If the addition is more than fifty (50)
percent of the market value of the structure, then the addition and the existing structure are now new
construction.
AH zone is an area of one percent chance of shallow flooding where depths are between one to
three feet (usually shallow ponding), with base flood elevations shown.
AO zone is an area of one percent chance of shallow flooding where depths are between one to
three feet (usually sheet flow on sloping terrain), with depth numbers shown.
Page 160
Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision
of this chapter or a request for a variance.
AR/A1-A30, AR/AE, AR/AH, AR/AO, and AR/A zones are SFHAs that result from the decertification
of a previously accredited flood protection system or levee that is in the process of being restored to
provide a one percent chance or greater level of flood protection. After restoration is complete, these
areas will still experience residual flooding from other flooding sources.
A99 zone is that part of the SFHA inundated by the one percent chance flood to be protected from
the one percent chance flood by a Federal flood protection system or levee under construction, no base
flood elevations are determined.
Area of shallow flooding means a designated AO or AH Zone on the community's flood insurance
rate map (FIRM) with flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within a community subject to a one percent
or greater chance of flooding in any given year. This area is also referred to as the Special Flood Hazard
Area (SFHA).
B and X zones (shaded) are areas of 0.2 percent chance flood that are outside of the SFHA subject
to the one percent chance flood with average depths of less than one foot, or with contributing drainage
area less than one square mile, and areas protected by certified levees from the base flood.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given
year (also called the "one percent chance flood").
Base flood elevation (BFE) is the elevation shown in the flood insurance study (FIS) for Zones AE,
AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water
surface elevation resulting from a flood that has a one percent or greater chance of being equaled or
exceeded in any given year.
Basement means any portion of a building having its floor sub-grade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the building and is intended
through its design and construction to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or the supporting foundation system. This is associated
with V Zone construction.
Building. See "Structure."
C and X zones (unshaded) are areas determined to be outside the 0.2 percent chance floodplain.
Community is a political entity and/or its authorized agents or representatives that have the authority
to adopt and enforce floodplain ordinances for the area under its jurisdiction.
Community floodplain management map means any map produced by the community utilizing best
available base flood elevation and floodway data that is from a federal, state, or other accepted technical
source.
Community rating system (CRS) is a program developed by the Federal Insurance Administration to
provide incentives for those communities in the Regular Program that have gone beyond the minimum
floodplain management requirements to develop extra measures to provide protection from flooding.
Community flood hazard area (CFHA) is an area that has been determined by the Floodplain
Administrator (or other delegated, designated, or qualified community official) from available technical
studies, historical information, and other available and reliable sources, which may be subject to periodic
inundation by floodwaters that can adversely affect the public health, safety and general welfare. This
includes areas downstream from dams.
Critical facility (also called critical action) means facilities for which the effects of even a slight chance
of flooding would be too great. The minimum floodplain of concern for critical facilities is the 0.2 percent
Page 161
chance flood level. Critical facilities include, but are not limited to facilities critical to the health and safety
of the public such as: emergency operations centers, designated public shelters, schools, nursing homes,
hospitals, police, fire and emergency response installations, vital data storage centers, power generation
and water and other utilities (including related infrastructure such as principal points of utility systems)
and installations which produce, use or store hazardous materials or hazardous waste (as defined under
the Clean Water Act and other Federal statutes and regulations). Such facilities and access to such
facilities will be constructed outside the one percent chance special flood hazard area or
elevated/protected to or above the 0.2 percent chance flood level.
D zone is an area in which the flood hazard is undetermined.
Dam is any artificial barrier, including appurtenant works, constructed to impound or divert water,
waste water, liquid borne materials, or solids that may flow if saturated. All structures necessary to
maintain the water level in an impoundment or to divert a stream from its course will be considered a
dam.
Development means any man-made change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling
operations, or storage of materials or equipment.
Elevated building means for insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, pilings, columns, or
piers.
Elevation certificate is a FEMA form used as a certified statement that verifies a building's elevation
information.
Emergency programmeans the first phase under which a community participates in the NFIP. It is
intended to provide a first layer amount of insurance coverage for all insurable buildings in that
community before the effective date of the initial FIRM.
Enclosure below the lowest floor. See "Lowest floor."
Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings,
structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Executive Order 11988 (Floodplain management) this order requires that no federally assisted
activities be conducted in or have the potential to affect identified Special Flood Hazard Areas, unless
there is no practicable alternative.
Existing construction means structures for which the "start of construction" commenced before the
date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction
may also be referred to as existing structures.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision includes the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
Fill means a deposit of earthen materials placed by artificial means.
Five hundred (500) year flood means the flood that has a 0.2 percent chance of being equaled or
exceeded in any year. Areas subject to the 0.2 percent chance flood have a moderate risk of flooding.
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
Page 162
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing
mud on the surfaces of normally dry land areas, as when earth is carried by a current of water
and deposited along the path of the current.
(4) The collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding.
Flood (insurance definition) means a general and temporary condition of partial or complete
inundation of two or more acres of normally dry land areas or of two or more properties (e.g. a building
and a public street) from (1) overflow of inland or tidal waters (2) unusual and rapid accumulation or runoff
of surface waters (3) mudflows caused by flooding.
Flood boundary and floodway map (FBFM) means the official map on which the Federal Emergency
Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood
hazards and regulatory floodway.
Flood hazard boundary map (FHBM) means an official map of a community, issued by FEMA, where
the boundaries of the areas of special flood hazard have been identified as Zone A.
Flood insurance rate map (FIRM) means an official map of a community, on which FEMA has
delineated both the areas of special flood hazard and the risk premium zones applicable to the
community.
Flood insurance study (FIS) is the document which provides an examination, evaluation, and
determination of flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation, and determination of mudslide and/or flood-related erosion hazards.
Floodplain means any land area susceptible to being inundated by flood waters from any source.
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural resources in
the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
Floodplain administrator is the individual appointed to administer and enforce the floodplain
management regulations.
Floodplain management regulations means this chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances, and other applications of
police power which control development in flood-prone areas. This term describes federal, state, or local
regulations in any combination thereof, which provide standards for preventing and reducing flood loss
and damage.
Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures, which reduce or eliminate flood damages to real estate or improved real estate
property, water, and sanitary facilities, structures, and their contents. A Flood Emergency Operation Plan
and an Inspection and Maintenance Plan must be provided by the design professional for the building.
Only non-residential buildings in A Zones can be floodproofed. Structures shall be floodproofed with a
minimum of one (1) foot of freeboard in relation to the base flood elevation.
Floodproofing certificateis an official FEMA form used to certify compliance for non-residential
structures in A Zones as an alternative to elevating buildings to or above the base flood elevation.
Floodway. See "Regulatory floodway."
Floodway fringe means that area of the special flood hazard area on either side of the regulatory
floodway.
Page 163
Flood protection elevation is the base flood elevation plus two (2) feet of freeboard. In areas where
no base flood elevations exist from any authoritative source, the flood protection elevation can be
historical flood elevations or base flood elevations determined and/or approved by the floodplain
administrator.
Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for
the purposes of floodplain management. Communities are encouraged to adopt at least a one foot
freeboard to account for the one foot rise built into the concept of designating a floodway, where
floodways have not been designated.
Functionally dependent use means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, ship building and ship repair
facilities and seafood offloading facilities. The term does not include long-term storage, manufacture,
processing functions, sales, administrative functions, or service facilities.
Hardship (as related to variances of this chapter) means the exceptional difficulty that would result
from a failure to grant the requested variance. The City Council of Tupelo, Mississippi that the variance is
exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is
NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of
these problems can be resolved through other means without granting a variance, even if the alternative
is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use
than originally intended.
Hazard potential means the possible adverse incremental consequences that result from the release
of water or stored contents due to failure of a dam or mis-operation of a dam or appurtenances. The
hazard potential classification of a dam does not reflect in any way on the current condition of a dam and
its appurtenant structures (e.g. safety, structural integrity, and flood routing capacity).
High hazard dam means a class of dam in which failure may cause loss of life, serious damage to
residential, industrial, or commercial buildings; or damage to, or disruption of, important public utilities or
transportation facilities such as major highways or railroads. Dams which meet the statutory thresholds for
regulation that are proposed for construction in established or proposed residential, commercial, or
industrial areas will be assigned this classification, unless the applicant provides convincing evidence to
the contrary. A development permit is required for a structure and any associated fill downstream from a
dam at any location where flooding can be reasonably anticipated from principal or emergency spillway
discharges, or from overtopping and failure of the dam.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a building.
Historic Structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on the State of Mississippi inventory of historic structures, or;
(4) Individually listed on a local inventory historic places in communities with historic preservation
programs that have been certified by an approved state program as determined by the
Secretary of the Interior.
Hydrologic and hydraulic engineering analyses means the analyses performed by a professional
engineer, registered in the State of Mississippi, in accordance with standard engineering practices as
accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
Page 164
Increased Cost of Compliance (ICC) coverage means under the standard flood insurance policy the
cost to repair a substantially flood damaged building that exceeds the minimal repair cost and that is
required to bring a substantially damaged building into compliance with the local flood damage prevention
ordinance. Acceptable mitigation measures are floodproofing (nonresidential), relocation, elevation,
demolition, or any combination thereof. All renewal and new policies with effective dates on or after June
1, 1997, include ICC coverage.
Letter of Map Change (LOMC) is an official FEMA determination, by letter, to amend or revise
effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies.
LOMCs are broken down into the following categories:
Letter of Map Amendment (LOMA). An amendment based on technical data showing that a
property was incorrectly included in a designated SFHA, was not elevated by fill (only by a natural
grade elevation), and will not be inundated by the one percent chance flood. A LOMA amends the
current effective FIRM and establishes that a specific property is not located in a SFHA.
Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway
delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination
concerning whether a structure or parcel has been elevated by fill above the BFE and is, therefore,
excluded from the SFHA.
Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to
whether a proposed project complies with the minimum NFIP floodplain management criteria. A
CLOMR does not revise effective flood insurance rate maps, flood boundary and floodway maps, or
flood insurance studies.
Levee means a man-made structure; usually an earthen embankment designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as to
provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance with
sound engineering practices. For a levee system to be recognized, the following criteria must be met. All
closure devices or mechanical systems for internal drainage, whether manual or automatic, must be
operated in accordance with an officially adopted operation manual (a copy of which must be provided to
FEMA by the operator when levee or drainage system recognition is being sought or revised). All
operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or
State law, or an agency of a community participating in the NFIP.
Low hazard dam means a class of dam in which failure would at the most result in damage to
agricultural land, farm buildings (excluding residences), or minor roads.
Lowest adjacent grade means the elevation of the sidewalk, patio, deck support, or basement
entryway immediately next to the structure and after the completion of construction. It does not include
earth that is placed for aesthetic or landscape reasons around a foundation wall. It does include natural
ground or properly compacted fill that comprises a component of a building's foundation system.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area
other than a basement, is not considered a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the non-elevation provisions of this code.
Manufactured home means a structure, transportable in one or more sections which is built on a
permanent chassis and designed to be used with or without a permanent foundation when attached to the
required utilities. The term manufactured home does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
Map amendment means a change to an effective NFIP map that results in the exclusion from the
SFHA or an individual structure or a legally described parcel of land that has been inadvertently included
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in the SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map that
showed the structure or parcel to be within the SFHA.
Map panel number means the four-digit number followed by a letter suffix assigned by FEMA on a
FHBM, FBFM, or FIRM. The first four digits represent the map panel, and the letter suffix represents the
number of times the map panel has been revised.
Market value means the property value (as agreed between a willing buyer and seller), excluding the
value of land as established by what the local real estate market will bear. Market value can be
established by independent certified appraisal; replacement cost depreciated by age of building (Actual
Cash Value); or adjusted assessed values.
Mean Sea Level means, for the purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other
datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are
referenced.
National Flood Insurance Program (NFIP) is the federal program that makes flood insurance
available to owners of property in participating communities nationwide through the cooperative efforts of
the Federal Government and the private insurance industry.
National Geodetic Vertical Datum (NGVD) means a vertical control, corrected in 1929, used as a
reference for establishing varying elevations within the floodplain.
New construction means a structure or an addition to an existing structure for which the start of
construction commenced on or after the effective date of a floodplain management regulation adopted by
a community and any subsequent improvements to such structure or the addition.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
regulations adopted by a community.
Non-residential means, but is not limited to; small business concerns, churches, schools, farm
buildings (including grain bins and silos), poolhouses, clubhouses, recreational buildings, mercantile
structures, agricultural and industrial structures, warehouses, and hotels and motels with normal room
rentals for less than six (6) months duration.
North American Vertical Datum (NAVD) of 1988 means a vertical control, corrected in 1988, used as
a reference for establishing varying elevations within the floodplain.
Obstruction means, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channel construction, bridge, culvert, building, wire, fence, rock, gravel,
refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse
which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being
carried downstream.
One percent flood (aka 100-year flood) is the flood that has a one percent chance of being equaled
or exceeded in any given year. Any flood zone that begins with the letter A or V is subject to inundation by
the one percent chance flood. Over the life of a 30-year loan, there is a twenty-six (26) percent chance of
experiencing such a flood within the SFHA.
Participating community is any community that voluntarily elects to participate in the NFIP by
adopting and enforcing floodplain management regulations that are consistent with the standards of the
NFIP.
Post-FIRM Construction means new construction and substantial improvements for which start of
construction occurred after December 31, 1974, or on or after the effective date of the initial FIRM of the
community, whichever is later.
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Pre-FIRM Construction means new construction and substantial improvements for which start of
construction occurred on or before December 31, 1974, or before the effective date of the initial FIRM of
the community, whichever is later.
Probation is a means of FEMA formally notifying participating communities of the first of the two
NFIP sanctions due to their failure to correct violations and deficiencies in the administration and
enforcement of the local floodplain management regulations.
Public safety and nuisance means anything which is injurious to the safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Recreational vehicle means a vehicle that is:
(1) Licensed and titled as an RV or park model (not a permanent residence);
(2) Built on a single chassis;
(3) Four hundred (400) square feet or less when measured at the largest horizontal projection;
(4) Has no attached deck, porch, or shed;
(5) Has quick-disconnect sewage, water, and electrical connectors;
(6) Designed to be self-propelled or permanently towable by a light duty truck; and
(7) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Regular program means the second phase of the community's participation in the NFIP in which
second layer coverage is available based upon risk premium rates only after FEMA has competed a risk
study for the community.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
Repair means the reconstruction or renewal of any part of an existing building for which the start of
construction commenced on or after the effective date of a floodplain management regulation adopted by
a community and all such regulations effective at the time of permitting must be met.
Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions
during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the
average, equals or exceeds twenty-five (25) percent of the market value of the structure before the
damage occurred.
Repetitive Loss Property is any insurable building for which two (2) or more claims of more than one
thousand dollars ($1,000.00) were paid by the National Flood Insurance Program (NFIP) within any rolling
10-year period, since 1978. At least two (2) of the claims must be more than ten (10) days apart but,
within ten (10) years of each other. A RL property may or may not be currently insured by the NFIP.
Section 1316 means that Section of the National Flood Insurance Act of 1968, as amended, which
states that no new flood insurance coverage shall be provided for any property that FEMA finds has been
declared by a duly constituted state or local zoning authority or other authorized public body to be in
violation of state or local laws, regulations, or ordinances that are intended to discourage or otherwise
restrict land development or occupancy in flood-prone areas.
Severe repetitive loss structure means any insured property that has met at least one of the following
paid flood loss criteria since 1978, regardless of ownership:
(1) Four (4) or more separate claim payments of more than five thousand dollars ($5,000.00) each
(including building and contents payments); or
(2) Two (2) or more separate claim payments (building payments only) where the total of the
payments exceeds the current market value of the property.
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In either case, two (2) of the claim payments must have occurred within ten (10) years of each other.
Multiple losses at the same location within ten (10) days of each other are counted as one loss, with
the payment amounts added together.
Significant hazard dammeans a dam assigned the significant hazard potential classification where
failure may cause damage to main roads, minor railroads, or cause interruption of use, or service of
relatively important public utilities.
Special flood hazard area (SFHA) means that portion of the floodplain subject to inundation by the
base flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as Zone A, AE, A1-A30,
AH, AO, AR, AR/A1-A30, AR/AE, AR/AO, AR/AH, AR/A, A99, V, VE, or V1-V30.
Start of construction (for other than new construction or substantial improvements under the Coastal
Barrier Resources Act P. L. 97-348), includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was
within one hundred eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation or placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main building. For substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure, for floodplain management purposes, means a walled and roofed building, including a gas
or liquid storage tank that is principally above ground, as well as a manufactured home.
Structure, for insurance purposes, means a building with two (2) or more outside rigid walls and a
fully secured roof, that is affixed to a permanent site; a manufactured home built on a permanent chassis,
transported to it site in one (1) or more sections, and affixed to a permanent foundation; or a travel trailer
without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the
community's floodplain management and building ordinances or laws. The term does not include
recreational vehicle or a park trailer or other similar vehicle, except as described in the last part of this
definition, or a gas, or a liquid storage tank.
Subrogation means an action brought by FEMA when flood damages have occurred, a flood
insurance claim has been paid, and all or part of the damage can be attributed to acts or omissions by a
community or other third party.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed fifty (50) percent of the
market value of the structure before the damage occurred. "Substantial damage" also means floodrelated damages sustained by a structure on two separate occasions during a ten (10) year period for
which the cost of repairs at the time of each flood event, on the average, equals or exceeds twenty-five
(25) percent of the market value of the structure before the damage occurred.
Substantial improvement means any combination of reconstruction, rehabilitation, or other
improvement of a structure taking place during a ten (10) year period, in which the cumulative percentage
of improvement equals or exceeds fifty (50) percent of the current market value of the structure before the
"start of construction" of the improvement. The costs for determining substantial improvement include the
costs of additions. This term includes structures which have incurred repetitive loss or substantial
damage, regardless of the actual repair work performed.
The term does not apply to:
(1) Any project for improvement of a building required to comply with existing health, sanitary, or
safety code specifications which have been identified by the Code Enforcement Official and
which are solely necessary to assure safe living conditions, provided that said code deficiencies
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were not caused by neglect or lack of maintenance on the part of the current or previous
owners; or
(2) Any alteration of a "historic structure" provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
Substantially improved existing manufactured home parks or subdivisions means manufactured
home parks or subdivisions where the repair, reconstruction, rehabilitation or improvement of the streets,
utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before
the repair, reconstruction or improvement commenced.
Suspension means the removal, with or without probation, of a participating community from the
NFIP because the community failed to adopt and enforce the compliant floodplain management
regulations required for participation in the NFIP.
V zone. See Coastal High Hazard Area.
V1-V30 and VE zone. See "Coastal high hazard area."
Variance is a grant of relief from the requirements of this chapter.
Violation means the failure of a structure or other development to be fully compliant with this chapter.
A structure or other development without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until such time as that documentation is
provided.
Watercourse means any flowing body of water including a river, creek, stream, or a branch.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified)
of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
X zone means the area where the flood hazard is less than that in the SFHA. Shaded X shown on
recent FIRMs (B on older FIRMs) designate areas subject to inundation by the flood with a 0.2-percent
annual probability of being equaled or exceeded (aka five hundred (500) year flood). Unshaded X (C on
older FIRMs) designates areas where the annual exceedance probability of flooding is less than 0.2
percent.
Zone means a geographical area shown on a flood hazard boundary map or a flood insurance rate
map that reflects the severity or type of flooding in the area.
(Ord. of 2-2-10(1), 2)
ARTICLE III. - GENERAL PROVISIONS
Sec. 11-8. - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazard (SFHA) (and, as determined by the
floodplain administrator or other delegated, designated, or qualified community official from available
technical studies, historical information, and other available and reliable sources) areas within the
jurisdiction of the City of Tupelo, Mississippi, (which may be subject to periodic inundation by floodwaters
that can adversely affect the public health, safety, and general welfare of the citizens of the City of
Tupelo, Mississippi).
This chapter shall apply to all areas within jurisdiction of the City of Tupelo, Mississippi.
Page 169
(Ord. of 2-2-10(1), 2)
Sec. 11-9. - Basis for establishing the areas of special flood hazard.
The areas of special flood hazard are identified by the Federal Emergency Management Agency in
the flood insurance rate map (multiple panels) Index No. 28081CINDOB, whose effective date is October
16,2013.
The areas of special flood hazard identified by the Federal Emergency Management Agency in the
Lee County Flood Insurance Study, having an effective date of October 16, 2013, with the accompanying
flood insurance rate map (FIRM) panel numbers 0135, 0141, 0142, 0143, 0144, 0153, 0154, 0161, 0162,
0163, 0164, 0166, 0167, 0168, 0169, 0206, 0207, 0209, 0220, 0226, 0227, 0228, 0229, 0231, and 0233
and other supporting data are adopted by reference and declared to be a part of this chapter. The flood
insurance study and maps are on file at the Department of Development Services, Third Floor, City Hall,
71 East Troy Street, Tupelo, Mississippi.
(Ord. of 2-2-10(1), 2; Ord. of 10-8-2013(2), 3)

Sec. 11-10. - Use of preliminary flood hazard data.
When flood insurance studies and preliminary flood insurance rate maps have been provided by
FEMA:
(1) Prior to the issuance of a letter of final determination (LFD) by FEMA, the use of the preliminary
flood hazard data shall only be required where no base flood elevations and/or floodway areas
exist or where the preliminary base flood elevations or floodway area exceed the base flood
elevations and/or floodway widths in the effective flood hazard data provided by FEMA. Such
preliminary data may be subject to revision through valid appeals.
(2) Upon the issuance of a letter of final determination (LFD) by FEMA, the revised flood hazard
data shall be used and replace all previously effective flood hazard data provided by FEMA for
the purposes of administrating these regulations.
Where adopted regulatory standards conflict, the more stringent base flood elevation shall prevail.
Preliminary FIS data may be subject to change by a valid appeal.
(Ord. of 2-2-10(1), 2)
Sec. 11-11. - Establishment of floodplain development permit.
A development permit shall be required in conformance with the provision of this chapter prior to the
commencement of any development activities in identified areas of special flood hazard and community
flood hazard areas within the community.
(Ord. of 2-2-10(1), 2)
Sec. 11-12. - Compliance.
No structure or land shall hereafter be located, extended, converted or structurally altered without full
compliance with the terms of this chapter and other applicable regulations.
(Ord. of 2-2-10(1), 2)
Sec. 11-13. - Abrogation and greater restrictions.
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This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
(Ord. of 2-2-10(1), 2)
Sec. 11-14. - Interpretation.
In the interpretation and application of this chapter all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. of 2-2-10(1), 2)
Sec. 11-15. - Standards for B, C, and X zones (shaded/unshaded).
These areas are considered to be low to moderate risk flood zones and are located outside the
community's delineated special flood hazard area and include the following:
(1) Areas outside the one (1) percent chance flood zone, but within the 0.2 percent chance flood
zone, as determined by a detailed study;
(2) Areas outside the 0.2 percent chance flood zone as determined by a detailed study, and;
(3) Areas that have not yet been studied.
The community reserves the right to require further studies for any development within its
jurisdiction, if there is evidence that a potential flood hazard exists. Studies can be used to designate
community flood hazard areas. Such evidence may include but shall not be limited to:
(1) Eyewitness reports of historic flooding or other reports of historic flooding deemed credible by
the community;
(2) Geologic features observed that resemble floodplains (such as flat areas along streams);
(3) Proximity to manmade or natural constructions such as road crossings that can cause
backwater effects; and
(4) Drainage basin characteristics such as drainage area, slope, percent impervious cover, land
use, etc.
(Ord. of 2-2-10(1), 2)
Sec. 11-16. - Repetitive loss structures.
The community may declare any existing structure as a repetitive loss structure as required to qualify
the structure for increased cost of compliance (ICC) benefits allowed by a National Flood Insurance
Program flood policy claim. To be declared a repetitive loss structure, the following conditions must be
met:
(1) The structure must have a flood insurance policy that includes the increased cost of compliance
coverage;
(2) The structure must have been flooded twice during a ten-year period with each flood event
causing damage for which the repair cost equaled or exceeded twenty-five (25) percent of the
market value of the structure; and
Page 171
(3) The owner, or representative, shall request the declaration in writing and provide supporting
documentation to show that the above requirements have been met.
(Ord. of 2-2-10(1), 2)
Sec. 11-17. - Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering consideration. Larger floods can and will occur on
rare occasions.
Flood heights may be increased by man-made or natural causes. This chapter does not imply that
land outside the areas of special flood hazard and community flood hazard areas or uses permitted within
such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of
Tupelo, Mississippi or by any officer or employee thereof for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
(Ord. of 2-2-10(1), 2)
Sec. 11-18. - Enforcement, penalties, and violations.
Any action or inaction which violates the provisions of this chapter or permit shall be subject to the
enforcement actions outlined in article III. Any such action or inaction that is continuous with respect to
time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The
imposition of any of the penalties described below shall not prevent such equitable relief.
(1) Notice of violation. If the community determines that an applicant or other responsible person
has failed to comply with the terms and conditions of a permit, or the provisions of this chapter,
it shall issue a written notice of violation to such applicant or other responsible person. Where
the person is engaged in activity covered by this chapter without having first secured a permit,
the notice shall be served on the owner or the responsible person in charge of the activity being
conducted on the site. The notice of violation shall contain:
a.
The name and address of the owner or the applicant or the responsible person;
b.
The address or other description of the site upon which the violation is occurring;
c.
A statement specifying the nature of the violation;
d.
A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit or this chapter and the date for the completion of such remedial
action;
e.
A statement of the penalty or penalties that may be assessed against the person to whom
the notice of violation is directed; and
f.
A statement that the determination of violation may be appealed to the community by filing
a written notice of appeal within thirty (30) days after the notice of violation (except, that in
the event the violation constitutes an immediate danger to public health or public safety,
twenty-four (24) [hours] notice shall be sufficient).
(2) Penalties. In the event the remedial measures described in the notice of violation have not been
completed by the date set forth for such completion in the notice of violation, any one (1) or
more of the following actions or penalties may be assessed against the person to whom the
notice of violation was directed. Before taking any of the following actions or imposing any of the
following penalties, the community shall first notify the applicant or other responsible person in
writing of its intended action, and shall provide reasonable opportunity, of not less than ten (10)
days (except, that in the event the violation constitutes an immediate danger to public health or
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public safety, twenty-four (24) hours notice shall be sufficient) to cure such violation. In the
event the applicant or other responsible person fails to cure such violation after such notice and
cure period, the community may take any one (1) or more of the following actions or impose any
one (1) or more of the following penalties:
a.
Stop work order. The community may issue a stop work order, which shall be served on
the applicant or other responsible person. The stop work order shall remain in effect until
the applicant or other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violation or violations described therein,
provided the stop work order may be withdrawn or modified to enable the applicant or other
responsible person to take the necessary remedial measures to cure such violation or
violations.
b.
Termination of water service and/or withhold or revoke certificate of occupancy. The

community may terminate utilities and/or refuse to issue and/or revoke a certificate of
occupancy for the building or other improvements and/or repairs conducted or being
conducted on the site until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein.
c.
Suspension, revocation, or modifications of permit. The community may suspend, revoke,

or modify the permit authorizing the development project. A suspended, revoked, or
modified permit may be reinstated after the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has otherwise cured the
violations described therein, provided such permit may be reinstated (upon such conditions
as the community may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
d.
Civil penalties. Violation of the provisions of this chapter or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall constitute a misdemeanor. Any person
who violates this chapter or fails to comply with any of its requirements shall, upon
conviction thereof, be fined not more than one thousand dollars ($1,000.00) per day or
imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs
and expenses involved in the case. Each act of violation and each day such violation
continues shall be considered a separate offense. Nothing herein contained shall prevent
the Floodplain Administrator from taking such other lawful actions as are necessary to
prevent or remedy any violation.
(3) Administrative appeal; judicial review. Any person receiving a notice of violation may appeal the
determination of the community, including but not limited to the issuance of a stop work order,
the assessment of an administratively-imposed monetary penalty, the suspension, revocation,
modification, or grant with condition of a permit by the community upon finding that the holder is
in violation of permit conditions, or that the holder is in violation of any applicable ordinance or
any of the community's rules and regulations, or the issuance of a notice of bond forfeiture.
The notice of appeal must be in writing and must be received within ten (10) days from the date
of the notice of violation. A hearing on the appeal shall take place within thirty (30) days from
the date of receipt of the notice of appeal by the floodplain administrator.
All appeals shall be heard and decided by the community's designated appeal board, which
shall include {insert appeal board member job titles}, or their designees. The appeal board shall
have the power to affirm, modify, or reject the original penalty, including the right to increase or
decrease the amount of any monetary penalty and the right to add or delete remedial actions
required for correction of the violation and compliance with the community's flood damage
prevention ordinance, and any other applicable local, state, or federal requirements. The
decision of the appeal board shall be final.
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(4) Judicial review. Any person aggrieved by a decision or order of the community, after exhausting
his administrative remedies, shall have the right to appeal de novo to the Circuit Court of Lee
County, Mississippi.
(Ord. of 2-2-10(1), 2)
ARTICLE IV. - ADMINISTRATION
FOOTNOTE(S):
--- (3) --Cross reference Administration generally, Ch. 2; licenses and miscellaneous business regulations, Ch.
15
Sec. 11-19. - Designation of flood damage prevention ordinance administrator.

The City Council of Tupelo, Mississippi hereby appoints the city engineer to administer and
implement the provisions of this chapter and is herein referred to as the floodplain administrator and/or
the administrator.
(Ord. of 2-2-10(1), 2)
Sec. 11-20. - Permit procedures.
Application for a development permit shall be made to the floodplain administrator on forms
furnished by him or her prior to any development activities, and may include, but not be limited to, the
following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage
facilities, and the location of the foregoing. Specifically, the following information is required:
(1) Application stage.
a.
Elevation in relation to mean sea level of the proposed lowest floor (including basement) of
all buildings, which will be submitted on a FEMA Form 81-31 (Elevation Certificate) by a
State of Mississippi registered engineer or surveyor;
b.
Elevation in relation to mean sea level to which any non-residential building in an A Zone
will be floodproofed;
c.
Certificate from a State of Mississippi registered professional engineer or architect that the
non-residential flood-proofed building will meet the floodproofing criteria in article IV,
section 11-8(2); article V, section 11-22(2); and section 11-24(2);
d.
No floodplain development permit can be issued to any mobile, modular, or permanently

constructed residence, building or facility unless the owner, lessee, or developer obtains a
Notice of Intent from the Mississippi State Health Department, pursuant to the MS
Individual On-Site Wastewater Disposal System Law (2009), for a recommendation of a
sewage system or Proof of Compliance from the proper Sewer and Water District;
e.
Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
(2) Construction stage: Upon establishment/placement of the lowest floor, before framing
continues, to include any approved floodproofing method by whatever construction means, it
Page 174
shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of
the NAVD or NGVD elevation of the lowest floor or floodproofed elevation, as built, in relation to
mean sea level. Said certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer, who is authorized by the State of Mississippi
to certify such information, and certified by same. When floodproofing is utilized for a particular
building said certification shall be prepared by or under the direct supervision of a professional
engineer or architect, who is authorized by the State of Mississippi to certify such information,
and certified by same. Floodproofing shall be required to be at least one foot above the base
flood elevation.
Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The
floodplain administrator shall review the lowest floor and floodproofing elevation survey data submitted.
The permit holder immediately and prior to further progressive work being permitted to proceed shall
correct deficiencies detected by such review. Failure to submit the survey or failure to make said
corrections required hereby shall be cause to issue a stop-work order for the project.
(Ord. of 2-2-10(1), 2)
Sec. 11-21. - Powers, duties, and responsibilities of the floodplain administrator.
The floodplain administrator and his or her designated staff is hereby authorized and directed to
enforce the provisions of this chapter. The administrator is further authorized to render interpretations of
this chapter, which are consistent with its spirit and purpose.
(1) Right of entry.
a.
Whenever necessary to make an inspection to enforce any of the provisions of this

chapter, or whenever the administrator has reasonable cause to believe that there exists in
any building or upon any premises any condition or ordinance violation which makes such
building, structure or premises unsafe, dangerous or hazardous, the administrator may
enter such building, structure or premises at all reasonable times to inspect the same or
perform any duty imposed upon the administrator by this chapter.
b.
If such building or premises are occupied, the administrator shall first present proper
credentials and request entry. If such building, structure, or premises are unoccupied, he
shall first make a reasonable effort to locate the owner or other persons having charge or
control of such building or premises.
c.
If entry is refused, the administrator shall have recourse to every remedy provided by law
to secure entry.
d.
When the administrator shall have first obtained a proper inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or any other persons having
charge, care or control of any building, structure, or premises shall fail or neglect, after
proper request is made as herein provided, to promptly permit entry therein by the
administrator for the purpose of inspection and examination pursuant to this chapter.
(2) Stop work orders.

a.
Upon notice from the administrator, work on any building, structure or premises that is
being performed contrary to the provisions of this chapter shall immediately cease. Such
notice shall be in writing and shall be given to the owner of the property, or to his or her
agent, or to the person doing the work, and shall state the conditions under which work
may be resumed.
(3) Revocation of permits.

a.
The administrator may revoke a permit or approval, issued under the provisions of this
chapter, in case there has been any false statement or misrepresentation as to the material
fact in the application or plans on which the permit or approval was based.
Page 175
b.
The administrator may revoke a permit upon determination that the construction, erection,
alteration, repair, moving, demolition, installation, or replacement of the structure for which
the permit was issued is in violation of, or not in conformity with, the provisions of this
chapter.
Duties of the administrator shall include, but not be limited to:

(1) Review all development permits to assure that the permit requirements of this chapter have
been satisfied;
(2) Require permittee to obtain and submit copies of any required federal or state permits and
maintain them on file with the development permit.
(3) Notify adjacent communities, the NFIP State Coordinator, and other federal and/or state
agencies with statutory or regulatory authority prior to any alteration or relocation of a
watercourse.
(4) Assure that maintenance is provided within the altered or relocated portion of said watercourse
so that the flood-carrying capacity is maintained.
(5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new construction and substantially improved buildings, in
accordance with article IV, section 11-20(2).
(6) Verify and record the actual elevation (in relation to mean sea level) to which the new
construction and substantially improved buildings have been floodproofed, in accordance with
article IV, section 11-20(2).
(7) Review certified plans and specifications for compliance.
(8) Make the necessary interpretation where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in this article.
(9) Obtain, review and reasonably utilize any base flood elevation and floodway data available from
a federal, state or other source when base flood elevation data or floodway data have not been
provided in accordance with article III, section 11-9, in order to administer the provisions of
article V.
(10) Provide information, testimony, or other evidence, as needed during variance request hearings.
(11) Conduct the following actions when damage occurs to a building or buildings:
a.
Determine whether damaged structures are located within the special flood hazard area;
b.
Conduct damage assessments for those damaged structures located in the SFHA, and;
c.
Make a reasonable attempt to notify owner(s) of damaged structure(s) of the requirement

to obtain a building permit/floodplain development permit prior to repair, rehabilitation, or
reconstruction.
(Ord. of 2-2-10(1), 2)
ARTICLE V. - PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 11-22. - General standards.
Page 176
In all areas of special flood hazard the following provisions are required:
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse
and lateral movement of the structure;
(2) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces;
(3) New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage;
(4) New construction or substantial improvements shall be constructed by methods and practices
that minimize flood damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities
shall be designed and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding, such facilities shall be located a minimum of two
(2) feet above the base flood elevation;
(6) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters;
(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvements to a building that is in compliance with
the provisions of this chapter shall meet the requirements of "new construction" as contained in
this chapter; and
(10) Any alteration, repair, reconstruction or improvements to a building that is not in compliance
with the provisions of this chapter, shall be undertaken only if said non-conformity is not
furthered, extended, or replaced.
(11) All gas and liquid storage tanks that are principally above ground shall be anchored to prevent
flotation and lateral movement.
(12) When new construction and substantial improvements are located in multiple flood zones or in a
flood zone with multiple base flood elevations, they shall meet the requirement for the more
stringent flood zone and the highest base flood elevation.
(13) New construction and substantial improvement of any building shall have the lowest floor
(including basement) at least one foot above the centerline of the designated street, unless the
topography of the property does not allow for strict adherence as determined by the floodplain
administrator.
(14) New construction and substantial improvements built on fill shall be constructed on the properly
designed and compacted fill that extends beyond the building walls before dropping below the
base flood elevation, and shall have appropriate protection from erosion and scour.
(Ord. of 2-2-10(1), 2)
Sec. 11-23. - Specific standards.
In all areas of special flood hazard designated on the community's FIRM, where base flood elevation
data have been provided, as set forth in article III, section 11-9, the following provisions, in addition to the
standards of article V, section 11-22, are required:
Page 177
(1) Residential construction. New construction and substantial improvement of any residential
building (including manufactured home) shall have the lowest floor, including basement,
elevated to no lower than two (2) feet above the base flood elevation. Should solid foundation
perimeter walls be used to elevate a structure, flood openings sufficient to automatically
equalize hydrostatic flood forces on exterior walls of enclosures that are subject to flooding,
shall be provided in accordance with standards of article V, section 11-23(4).
(2) Non-residential construction. New construction and substantial improvement of any commercial,
industrial, or non-residential building (including manufactured home) shall have the lowest floor,
including basement, elevated to no lower than two (2) feet above the base flood elevation.
Buildings located in all A-Zones may, together with attendant utility and sanitary facilities, be
floodproofed in lieu of being elevated provided that all areas of the building below the base flood
elevation (plus a minimum of one (1) foot of freeboard) are water tight with walls substantially
impermeable to the passage of water, and use structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the standards of this subsection are satisfied.
Such certification, together with an operation and maintenance plan, shall be provided to the
floodplain administrator.
(3) In special flood hazard areas with base flood elevations (Zones AE and A1-30) but without
floodways, no encroachments, including fill material or structures, shall be permitted unless
certification by a registered professional engineer is provided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than one foot
at any point within the community. The engineering certification must be supported by technical
data that conforms to standard hydraulic engineering principles.
(4) Enclosures. New construction and substantial improvements that include fully enclosed areas
formed by foundation and other exterior walls below the lowest floor shall be designed to
preclude finished living space and designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls. Enclosed areas, including crawl
spaces, shall be used solely for parking of vehicles, building access, and storage.
a.
Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet or exceed the following criteria:
Provide a minimum of two (2) openings, on different sides of each enclosed area; if a
structure has more than one (1) enclosed area below the base flood elevation, each
shall have openings on exterior walls;
The total net area of all openings shall be at least one (1) square inch for each square foot
of enclosed area, or the openings shall be designed and the construction documents
shall include a statement that the design and installation will provide for equalization
of hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit
of floodwaters;
The bottom of all openings shall be no higher than one (1) foot above interior grade (which
must be equal to in elevation or higher than the exterior grade);
Openings shall allow the passage of an object at least three (3) inches in diameter.
Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions; and
Limited in use to storage, parking of vehicles, and building access.
b.
Access to the enclosed area shall be minimum necessary to allow for parking of vehicles
(garage door) or limited storage of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the living area (stairway or elevator); and
c.
The interior portion of such enclosed area shall not be finished or partitioned into separate
rooms.
Page 178
(5) Detached storage buildings, sheds, or other like accessory improvements, excluding detached
garages, carports, and boat houses, shall solely be used for parking of vehicles and storage.
Such storage space shall not be used for human habitation and shall be limited to storage of
items that can withstand exposure to the elements and have low flood damage potential. The
storage space shall be constructed of flood resistant or breakaway materials, and equipment
and service utilities, such as electrical outlets, shall be limited to essential lighting and other
incidental uses, and must be elevated or floodproofed. Flood openings in accordance with the
standards of article V, section 11-23(4) shall also be required. These accessory structures shall
be constructed and placed on the building site so as to offer the minimum resistance to the flow
of floodwaters.
(6) Accessory improvements and other appurtenant structures shall be firmly anchored to prevent
flotation that may result in damage to other structures.
(7) Standards for manufactured homes and recreational vehicles.
a.
All manufactured homes placed, or substantially improved, on individual lots or parcels, in

existing manufactured home parks or subdivisions, in expansions to existing manufactured
home parks or subdivisions, in new manufactured home parks or subdivisions or in
substantially improved manufactured home parks or subdivisions, must meet all the
requirements for new construction, including elevation and anchoring and the flood
openings requirements of article v, section 11-23(4).
Manufactured homes must be:
b.
c.
(i)
Elevated on a permanent foundation to have its lowest floor elevated to no lower than
two (2) feet above the base flood elevation; and
(ii)
Securely anchored to an adequately anchored foundation system to resist flotation,

collapse, and lateral movement.
All manufactured homes placed or substantially improved, excepting manufactured homes

that have incurred substantial damage as a result of a flood, in an existing manufactured
home park or subdivision must be elevated so that:
(i)
The lowest floor of the manufactured home is elevated to no lower than two (2) feet
above the base flood elevation and be securely anchored to an adequately anchored
foundation support system to resist flotation, collapse; and lateral movement; or
(ii)
The manufactured home chassis is supported by reinforced piers or other foundation

elements of at least an equivalent strength, of no less than thirty-six (36) inches in
height above the highest adjacent grade and adequately anchored foundation support
system to resist floatation, collapse, and lateral movement.
All recreational vehicles placed on sites must either:

(i)
Be on site for fewer than 180 consecutive days;
(ii)
Be fully licensed and ready for highway use; or
(iii) Must meet all the requirements for new construction, including anchoring and
elevation requirements of this article V, section 11-22(8)(a) or article V, section 1122(8)(b)i. above.
A recreational vehicle is ready for highway use if it is licensed and insured in accordance with
the State of Mississippi motor vehicle regulations, is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices and has no permanently
attached additions.
(8) Floodways. Located within areas of special flood hazard adopted by reference in article III,
section 11-9 are areas designated as floodways. Since the floodway is an extremely hazardous
Page 179
area due to the velocity of flood waters which carry debris, potential projectiles and has erosion
potential, the following provisions shall apply:
a.
Prohibit encroachments, including fill, new construction, substantial improvements, and

other developments unless certification (with supporting technical data) by a registered
professional engineer is provided demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of the base flood discharge;
b.
If article V, section 11-23(8)a. above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood damage prevention standards of article
V.
c.
Prohibit the placement of manufactured homes (mobile homes), except in an existing

manufactured homes (mobile homes) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision
provided the anchoring standards of article v, section 11-22(2), and the standards of article
V, section 11-23(1) through (3) and the encroachment standards of this article V, section
11-23(8)a., are met.
(Ord. of 2-2-10(1), 2)
Cross reference Subdivision regulations, App. A.
Sec. 11-24. - Standards for streams without base flood elevations and floodways.
Located within the areas of special flood hazard and community flood hazard areas established in
article III, section 11-8 and section 11-9, where no base flood data and floodway data have been
provided, the following provisions in addition to the standards of article V, section 11-22 apply:
(1) Require that all new subdivision proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions) greater than five (5) lots or five (5)
acres, whichever is lesser, include within such proposals base flood elevation data;
(2) The floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation
and floodway data available from a federal, state, or other source, in order to administer the
provisions of article V. When such data is available, standards of article V, section 11-23 shall
apply. If data is not available from article V, section 11-24(1) or outside sources, then the
following provisions shall apply.
(3) No encroachments, including fill material or other development, shall be located within a
distance of the stream bank equal to five (5) times the width of the stream at the top of the bank
or twenty (20) feet each side from the top of the bank, whichever is greater, unless certification
by a registered professional engineer is provided demonstrating that such encroachment shall
not result in any increase in flood levels during the occurrence of the base flood discharge. The
enclosure standards of article V, section 11-23(4) shall apply.
(4) The floodplain administrator shall require that the applicant develop the base flood elevation for
the development site, utilizing accepted engineering practices and procedures. Upon review of
the submitted data, the administrator may accept or reject the proposed base flood elevation.
When such data is accepted, standards of article V, sections 11-23, shall apply.
(5) When base flood elevation data and floodway data are not available in accordance with article
III, section 11-8, in special flood hazard areas and community flood hazard areas without base
flood elevation data, new construction and substantial improvements shall be elevated or
floodproofed to elevations established by the community. The enclosure standards of article V,
section 11-23(4) shall apply.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to
any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.
Page 180
Assure that the flood carrying capacity within the altered or relocated portion of any watercourse
is maintained.
(7) Require that all manufactured homes be placed or installed using methods and practices which
minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation,
collapse, or lateral movement.
(Ord. of 2-2-10(1), 2)
Sec. 11-25. - Standards for shallow flooding zones.
Located within the areas of special flood hazard established in article III, sections 11-9, are areas
designated as shallow flooding areas. These areas have flood hazards associated with base flood depths
of one (1) to three (3) feet, where a clearly defined channel does not exist and the water path of flooding
is unpredictable and indeterminate; therefore, the following provisions, in addition to the standards of
article V, sections 11-22 and 11-23 apply:
(1) All new construction and substantial improvements of residential structures shall:
Have the lowest floor, including basement, elevated to or above the highest adjacent grade at
least as high as the depth number specified in feet on the flood insurance rate map. If no depth
number is specified, the lowest floor, including basement, shall be elevated to no less than two
(2) feet above the highest adjacent grade.
(2) All new construction and substantial improvements of non-residential structures shall:
a.
Have the lowest floor, including basement, elevated to or above the highest adjacent grade
at least as high as the depth number in feet on the flood insurance rate map. If no depth
number is specified, the lowest floor, including basement, shall be elevated to no less than
three (3) feet above the highest adjacent grade.
b.
Together with attendant utility and sanitary facilities be completely floodproofed to or above
the highest adjacent grade at least as high as the depth number in feet specified on the
FIRM plus a minimum of one (1) foot so that any space below that level is watertight with
walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Certification is required as stated in article V, section 11-23(2).
(3) Adequate drainage paths shall be established around structures on slopes to guide floodwaters
around and away from proposed structures.
(Ord. of 2-2-10(1), 2)
Sec. 11-26. - Standards for subdivision proposals and other proposed development.
(a) All subdivision proposals shall be consistent with the need to minimize flood damage;
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards; and
(d) Base flood elevation data shall be provided for all new subdivision proposals and other proposed
development (including manufactured home parks and subdivisions), which is greater than five (5)
lots or five (5) acres, whichever is the lesser.
(e) Where only a small portion of the subdivision lot or lots is in an 'A' Zone special flood hazard area
inundated by one hundred (100) year flood with no base flood elevations determined and there is
Page 181
sufficient ground slope on the site to avoid possible flooding of structures in zone X areas
determined to be outside five hundred (500) year floodplain. The floodplain administrator may waive
the requirement for a study to determine the base flood elevations.
(f)
In order for the floodplain administrator to consider waiving the requirement of section 11-26(d) the
applicant must provide an accurate topographic data and map for the lot or lots in question certified
by a licensed land surveyor and/or professional civil engineer indicating sufficient detail to allow a
thorough review by the floodplain administrator.
(g) Each proposed parcel must have a designated buildable pad or site above the one (1) percent
chance floodplain. The distance of the buildable pad or site above the one (1) percent chance
floodplain shall depend on the slope of the ground and in accordance with the following table:
Distance in feet from Zone A [one percent

chance floodplain]
Minimum Slope from Zone A one percent floodplain

to ground level at pad
20
5%
30
3.33%
40
2.50%
50
2.0%
60
1.67%
70
1.43%
80
1.25%
90
1.11%
100
1.0%
Residential and non-residential structures lowest floor elevation also must be elevated 1.5 feet above the
ground level on the buildable pad or site.
(h) The subdivider/applicant must comply with the following:
(1) File restrictive covenants on the lot or lots prohibiting construction within the designated special
flood hazard area and requirement for lowest floor elevation.
(2) Place a statement on the face of the plat prohibiting construction in the designated area of
special flood hazard.*
(Ord. of 2-2-10(1), 2)
Page 182
Sec. 11-27. - Critical facilities.

Construction of new and substantially improved critical facilities shall be located outside the limits of
the special flood hazard area (one (1) percent chance floodplain). Construction of new critical facilities
shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor elevated three (3) feet above the base flood
elevation at the site (or to the 0.2 percent chance flood elevation whichever is greater). Floodproofing and
sealing measures must be implemented to ensure that toxic substances will not be displaced by or
released into floodwaters. Access routes elevated to or above the base flood elevation shall be provided
to all critical facilities to the maximum extent possible. Critical facilities must not only be protected to the
0.2 percent chance flood, but must remain operable during such an event.
(Ord. of 2-2-10(1), 2)
ARTICLE VI. - VARIANCE PROCEDURES
Sec. 11-28. - Designation of variance and appeals board.

The planning commission as established by the City Council of Tupelo, Mississippi shall hear and
decide appeals and requests for variances from requirements of this chapter.
(Ord. of 2-2-10(1), 2)
Sec. 11-29. - Duties of variance and appeals board.
The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or
determination is made by the floodplain administrator in the enforcement or administration of this chapter.
Any person aggrieved by the decision of the board may appeal such decision to the Circuit Court of Lee
County, Mississippi.
(Ord. of 2-2-10(1), 2)
Sec. 11-30. - Variance procedures.
In passing upon such applications, the department of development services shall consider all
technical evaluations, relevant factors, and standards specified in other sections of this chapter, and:
(1) The evaluation must be based on the characteristics unique to that property and not be shared
by adjacent parcels. The characteristics must pertain to the land itself, not to the structure, its
inhabitants, or its owners;
(2) Variances should never be granted for multiple lots, phases of subdivisions, or entire
subdivisions;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The danger of life and property due to flooding or erosion damage;
(5) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner and the community;
(6) The importance of the services provided by the proposed facility to the community;
(7) The necessity of the facility to be at a waterfront location, where applicable;
Page 183
(8) The availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
(9) The compatibility of the proposed use with existing and anticipated development;
(10) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
(11) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(12) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and
(13) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges and culverts.
(14) Upon consideration of factors listed above, and the purpose of this chapter, the planning
committee may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
(15) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(Ord. of 2-2-10(1), 2)
Sec. 11-31. - Conditions for variances.
(1) Variances shall only be issued when there is:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in exceptional hardship; and
c.
A determination that the granting of a variance will not result in increased flood heights,
additional threats to public expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(2) The provisions of this chapter are minimum standards for flood loss reduction; therefore any
deviation from the standards must be weighed carefully. Variances shall only be issued upon a
determination that the variance is the minimum necessary deviation from the requirements of this
chapter, considering the flood hazard, to afford relief. In the instance of a Historic Structure, a
determination that the variance is the minimum necessary so as not to destroy the historic character
and design of the building. (See article VI, section 11-33
(3) Any applicant to whom a variance is granted shall be given written notice specifying the difference
between the base flood elevation and the elevation to which the lowest floor is to be built and stating
that the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(4) The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency and Mississippi Emergency Management
Agency upon request. (See article VI, section 11-32
(5) Upon consideration of the factors listed above and the purposes of this chapter, the planning
committee may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(6) Variances shall not be issued "after the fact."
(Ord. of 2-2-10(1), 2)
Page 184
Sec. 11-32. - Variance notification.

Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
(1) The issuance of a variance to construct a structure below the base flood elevation will result in
increased premium rates for flood insurance up to amounts as high as twenty-five dollars
($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(2) Such construction below the base flood level increases risks to life and property. A copy of the
notice shall be recorded by the floodplain administrator in the Office of the Chancery Clerk of
Lee County, Mississippi and shall be recorded in a manner so that it appears in the chain of title
of the affected parcel of land.
The floodplain administrator will maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in the community's biennial report submission to the Federal
Emergency Management Agency.
(Ord. of 2-2-10(1), 2)
Sec. 11-33. - Historic structures.
Variances may be issued for the repair or rehabilitation of "historic structures" only upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a "historic structure" and the variance is the minimum to preserve the historic character
and design of the structure.
(Ord. of 2-2-10(1), 2)
Sec. 11-34. - Special conditions.
Upon consideration of the factors listed in article VI, and the purposes of this chapter, the planning
committee may attach such conditions to the granting of variances, as it deems necessary to further the
purposes of this chapter.
(Ord. of 2-2-10(1), 2)
Sec. 11-35. - Floodway.
Variances shall not be issued within any designated regulatory floodway if any increase in flood
levels during the base flood discharge would result.
(Ord. of 2-2-10(1), 2)
Chapter 12 - RESERVED
FOOTNOTE(S):
--- (1) --Editor's note Ch. 12, which pertained to garbage, trash and refuse, has been deleted as being
superseded by the provisions of an ordinance adopted Dec. 19, 1995, codified herein as Ch. 23.5. See
the Code Comparative Table.
Page 185
Chapter 13 - HEALTH AND SANITATION

FOOTNOTE(S):
--- (1) --Cross reference Animals and fowl, Ch. 6; plumbing code, 7-96 et seq.; fire prevention and
protection, Ch. 10; flood damage prevention and control, Ch. 11; garbage, trash and refuse, Ch. 12;
duties of drivers of other vehicles upon approach of emergency vehicles, 17-66; parking spaces for
handicapped persons, 17-97; planning, Ch. 21; sewers and sewage disposal, 26-21 et seq.
State Law reference Authority to promulgate regulations to prevent spread of diseases, MCA 1972,
21-19-3; municipal regulation of health, MCA 1972, 41-3-57.
Sec. 13-1. - Maintenance of potential mosquito breeding places restricted.

(a) It shall be unlawful to have, keep, maintain, cause or permit, within the corporate limits of the city,
any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless
such collections of water are treated so as to effectually prevent such breeding.
(b) Any collection of water referred to in paragraph (a) of this section shall be held to be those contained
in ditches, pools, ponds, excavations, holes, depressions, open cesspools, privy vaults, fountains,
cisterns, tanks, shallow wells, barrels, troughs (except horse troughs in frequent use) urns, cans,
boxes, bottles, tubs, buckets, defective house roof gutters, tanks or flush closets or other similar
water containers.
(c) The methods of treatment of any collections of water that are specified in paragraph (b) of this
section, directed toward the prevention of breeding mosquitoes shall be approved by the accredited
health officer and may be any one (1) or more of the following:
(1) Screening with wire netting of at least sixteen (16) meshes to the inch each way or with any
other material which will effectually prevent the ingress or egress of mosquitoes.
(2) Complete emptying every seven (7) days of unscreened containers together with their thorough
drying or cleaning.
(3) Using a larvicide approved and applied under the direction of the health officer.
(4) Covering completely the surface of the water with kerosene, petroleum or paraffin oil once every
seven (7) days.
(5) Cleaning and keeping sufficiently free of vegetable growth, and other obstructions, and stocking
with mosquito-destroying fish.
(6) Filtering or draining to the satisfaction of the health officer, his agent or accredited
representative.
(7) Proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles and
similar articles likely to hold water.
(d) The natural presence of mosquito larvae in standing or running water shall be evidence that
mosquitoes are breeding there, and failure to prevent such breeding within three (3) days after notice
by the health officer, his authorized agent, or representative, shall be deemed a violation of this
section.
(e) Should the person responsible for conditions giving rise to the breeding of mosquitoes fail or refuse
to take necessary measures to prevent the same, within three (3) days after due notice has been
Page 186
given to them, the health officer, or his authorized agent, is hereby authorized to do so, and all
necessary cost incurred by him for this purpose shall be a charge against the property owner or
other person offending as the case may be.
(f)
For the purpose of enforcing the provisions of this section, the health officer, or his duly accredited
agent, acting under his authority, may at all reasonable times enter in and upon any premises within
his jurisdiction; and any person charged with any of the duties imposed by this section failing within
the time designated by this section or within the time stated in the notice of the health officer, as the
case may be, to perform such duties, or to carry out the necessary measures to the satisfaction of
the health officer, shall be deemed guilty of violation of this section, and for each day after the
expiration of this time that such person fails to comply with this section shall be deemed guilty of a
separate violation of this section.
(g) Any person who shall violate any provision of this section shall on each conviction be subject to
punishment as provided in section 1-8 of this Code.
(Ord. of 3-2-20, 17)

State Law reference Mosquito control, MCA 1972, 41-27-1 et seq.
ARTICLE II. - GRASS AND WEEDS
FOOTNOTE(S):
--- (2) --State Law reference Cleaning private property, MCA 1972, 21-19-11.
Sec. 13-16. - Policy.

In order to control and to eliminate as far as possible rats, mice, snakes and mosquitoes, and
thereby to promote the public health and safety of the citizens of the city, it is declared to be the public
policy of the city to encourage all property owners to keep their property mowed at sufficient intervals to
eliminate high grass, weeds and underbrush.
(Ord. of 7-15-75, I)
Sec. 13-17. - Notice to owner of hearing.
The city is empowered upon its own motion or upon the receipt of a petition signed by a majority of
the residents residing on any street or alley within three hundred (300) feet of any parcel of land alleged
to be in need of cleaning requesting the city to act, to give notice to the property owner of a hearing to
determine whether or not such parcel of land is a menace to the public health and safety of the
community.
Notice shall be given via the United States registered or certified mail two (2) weeks before the date
of a hearing, or by service of notice as provided in section 13-21 of this article by a police officer at least
two (2) weeks before the date of a hearing.
If the property owner be unknown or his/her address unknown, two (2) weeks' notice of such hearing
shall be published in a newspaper of general circulation in the municipality.
Page 187
(Ord. of 6-3-03, 1)
pertained to notice to owner to mow.
Sec. 13-18. - Hearing; penalty.
The Tupelo City Council shall conduct a hearing at a regular or special meeting to determine if a
parcel of land is a menace to the public health and safety of the community. The property owner may be
present and may present witnesses or evidence at such hearing.
If the Tupelo City Council determines, based on the facts and evidence presented at the hearing,
that the property is a menace to the public health and safety of the community, the owner will be given ten
(10) days in which to mow and/or clean the property.
In the event the owner refuses to mow or clean the property within ten (10) days as ordered by the
city council, the city may proceed to mow and/or clean the property. Thereafter, the city council may, at its
next regular meeting, by resolution, adjudicate the actual cost of cleaning the property and may impose a
penalty of two hundred fifty dollars ($250.00) or twenty-five percent (25) of such actual cost, whichever is
more.
The cost and penalty may become a civil debt against the property owner, or, at the option of the city
council, an assessment against the property. The cost assessed against the property means the cost to
the city of using its own employees to do the work or the cost to the city of any contract executed by the
city to have the work done.
The action herein authorized shall not be undertaken against any one (1) parcel of property more
than five (5) times in any one (1) calendar year and the expense of cleaning said property shall not
exceed an aggregate amount of ten thousand dollars ($10,000.00) per year, or the fair market value of
the property subsequent to cleaning, whichever is less.
If it is determined by the city council that it is necessary to clean a parcel of land more than once in
one (1) calendar year, then the city may clean such property provided notice is given to the property
owner in the same manner provided in section 13-17 of this article.
(Ord. of 6-3-03, 2)
pertained to city may mow at owner's expense upon failure of owner to comply with notice.
Sec. 13-19. - Civil debt.
In the event the city council declares by resolution that the cost and penalty for cleaning/mowing
shall be collected as a civil debt, the city council may authorize the institution of a suit on open account
against the owner of the property in municipal court in the manner provided by law for the cost and any
penalty, plus court costs, reasonable attorney fees and interest from the date the property was cleaned.
(Ord. of 6-3-03, 3)
pertained to collection of costs of mowing by city.
Sec. 13-20. - Assessment.
Page 188
If the city council determines that the cost and penalty of cleaning/mowing the property shall be an
assessment against the property, then the assessment shall be a lien against the property and may be
enrolled in the office of the Lee County Circuit Clerk or where other judgments are enrolled, and the city
tax collector shall, upon order of the city council, proceed to sell the land to satisfy the lien as provided by
law for the sale of lands for delinquent municipal taxes.
(Ord. of 6-3-03, 4)
Sec. 13-21. - Form of notice.
The police officer's return on the notice of hearing may be in one (1) of the following forms:
(1) Form of personal notice:
"I have this day delivered the within notice personally, by delivering to the within named
property owner, ____________ (here state name of party summoned), a true copy of this
notice.
"This, the ____________ day of ____________, 200____________.
____________ (Police Officer)"
(2) Form of notice where copy left at residence:
"I have this day delivered the within notice to ____________, within named property owner, by
leaving a true copy of the same at his (or her) usual place of abode in my municipality, with
____________, his (or her) ____________ (here insert wife, husband, son, daughter, or some
other person, as the case may be), a member of his (or her) family above the age of sixteen
(16) years, and willing to receive such copy. The said property owner is not found in my
municipality.
"This, the ____________ day of ____________, 200____________.
(3) Form of notice when property owner not found within municipality and is a nonresident thereof:
"I have this day attempted to deliver the within notice to ____________, within named property
owner, and after diligent search and inquiry, I failed to find the same property owner within my
municipality, nor could I ascertain the location of any residence of the property owner within my
municipality.
"This, the ____________ day of ____________, 200____________.
The first mode of notice should be made, if it can be; if not, then the second mode should be made, if
it can be; and the return of the second mode of service must negate the officer's ability to make the first. If
neither the first nor second mode of service can be made, then the third mode should be made, and the
return thereof must negate the officer's ability to make both the first and second. In the event the third
mode of service is made, then service shall also be made by publication as provided in subsection (1) of
this section.
The officer shall mark on all notices the day of the receipt thereof by him, and he shall return the
same on or before the day of the hearing, with a written statement of his proceedings thereon. For failing
to note the time of the receipt of notice or for failing to return the same, the officer shall forfeit to the party
aggrieved the sum of twenty-five dollars ($25.00).
Page 189
(Ord. of 6-3-03, 5)
Sec. 13-22. - Appeal.
All decisions rendered under the provisions of this article may be appealed to the Lee County Circuit
Court.
(Ord. of 6-3-03, 6)
Sec. 13-23. - Administrator.
The City of Tupelo Department of Planning and Community Development shall serve as the
administrator of this article in cooperation with the City of Tupelo Police Department.
(Ord. of 6-3-03, 7)
ARTICLE III. - LITTERING
FOOTNOTE(S):
--- (3) --State Law reference Littering prohibited, MCA 1972, 97-15-30; unauthorized dumping of wastes,
MCA 1972, 17-17-29.

This article shall be known and may be cited as the "Tupelo Anti-Litter Ordinance."
(Ord. of 4-3-62, 1)
For the purpose of this article, the following terms, phrases, words, and their derivations shall have
the meanings given herein:
Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation,
cooking and consumption of food.
Litter means "garbage," "refuse," and "rubbish" as defined in this section and all other waste material
which, if thrown or deposited as prohibited by this article, tends to create a danger to public health, safety
and welfare.
Newspaper means any newspaper of general circulation as defined by general law, any newspaper
duly entered with the United States Postal Service, in accordance with federal statutes or regulations and
any newspaper filed and recorded with any recording officer as provided by general law; and, in addition
thereto, shall mean and include any periodical or current magazine regularly published with not less than
four (4) issues per year, and sold to the public.
Page 190
Park means a park, reservation, playground, beach, recreation center or any other public area in the
city, owned or used by the city and devoted to active or passive recreation.
Private premises means any dwelling, house, building, or other structure, designed or used either
wholly or in part for private residential purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or
mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
Public place means any and all streets, sidewalks, boulevards, alleys, or other public ways and any
and all public parks, squares, spaces, grounds, and buildings.
Refuse means all putrescible and nonputrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and
industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
Vehicle means every device in, upon, or by which any person or property is or may be transported or
drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Ord. of 4-3-62, 2)
Sec. 13-38. - Litter in public places.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the
city except in public receptacles, in authorized private receptacles or collection, or in official city dumps.
(Ord. of 4-3-62, 3)
Sec. 13-39. - Placement of litter in receptacles so as to prevent scattering.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such
manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
(Ord. of 4-3-62, 4)
Sec. 13-40. - Sweeping litter into gutters prohibited.
No person shall sweep into or deposit in any gutter, street or other public place within the city
accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons
owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Ord. of 4-3-62, 5)
Sec. 13-41. - Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or
other public place within the city, or upon private property.
Page 191
(Ord. of 4-3-62, 6)
Sec. 13-42. - Truck loads causing litter.
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so
constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any
street, alley, or other public place. No person shall drive or move any vehicle or truck within the city, the
wheels or tires of which carry onto or deposit in any street, alley or other public place, any mud, dirt, sticky
substance, litter or foreign matter of any kind.
(Ord. of 4-3-62, 7)
Sec. 13-43. - Litter in parks.
No person shall throw or deposit litter in any park within the city except in public receptacles and in
such manner that the litter will be prevented from being carried or deposited by the elements upon any
part of the park or upon any street or other public place. Where public receptacles are not provided, all
such litter shall be carried away from the park by the persons responsible for its presence and properly
disposed of elsewhere as provided herein.
(Ord. of 4-3-62, 8)
Sec. 13-44. - Litter in bodies of water.
No person shall throw or deposit in any fountain, pond, lake, stream, bay or any other body of water
in a park or elsewhere within the city.
(Ord. of 4-3-62, 9)
Sec. 13-45. - Posting notices prohibited.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the
attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or
building, except as may be authorized or required by law.
(Ord. of 4-3-62, 10)

Sec. 13-46. - Litter on occupied private property.
No person shall throw or deposit litter on any occupied private property within the city, whether
owned by such person or not, except that the owner of person in control of private property may maintain
authorized private receptacles for collection in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk or other public place or upon any private
property.
(Ord. of 4-3-62, 11)

Sec. 13-47. - Owner to maintain premises free of litter.
Page 192
The owner or person in control of any private property shall at all times maintain the premises free of
litter; provided, however, that, this section shall not prohibit the storage of litter in authorized private
receptacles for collection.
(Ord. of 4-3-62, 12)

Sec. 13-48. - Litter on vacant lots.
No person shall throw or deposit litter on any open or vacant private property within the city whether
owned by such person or not.
(Ord. of 4-3-62, 13)

Sec. 13-49. - Clearing of litter from open private property, by city.
(a) Notice to remove. The manager of the sanitation department is hereby authorized and empowered to
notify the owner of any open or vacant private property within the city or the agent of such owner to
properly dispose of litter located on such owner's property which is dangerous to public health, safety
or welfare. Such notice shall be by registered mail, addressed to the owner at his last known
address.
(b) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to
properly dispose of litter dangerous to the public health, safety or welfare within seven (7) days after
receipt of written notice provided for in paragraph (a) of this section, or within fourteen (14) days after
the date of such notice in the event the same is returned to the city post office because of its inability
to make delivery thereof, provided the same was properly addressed to the last known address of
such owner, or agent, the manager of the sanitation department is hereby authorized and
empowered to pay for the disposing of such litter or to order its disposal by the city.
(c) Charge included in tax bill. When the city has effected the removal of such dangerous litter or has
paid for its removal, the actual cost thereof, plus accrued interest at the rate of six (6) percent per
annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be
charged to the owner of such property on the next regular tax bill forwarded to such owner by the
city, and such charge shall be due and payable by the owner at the time of payment of such bill.
(d) Recorded statement constitutes lien. Where the full amount due the city is not paid by such owner
within thirty (30) days after the disposal of such litter, as provided for in paragraphs (a) and (b) of this
section, then, and in that case, the manager of the sanitation department shall cause to be recorded
in the office of the city tax collector a sworn statement showing the cost and expense incurred for the
work, the date the work was done and location of the property on which such work was done. The
recordation of such sworn statement shall constitute a lien and privilege on the property, and shall
remain in full force and effect for the amount due in principal and interest, plus costs of court, if any,
for collection, until final payment has been made. Such costs and expenses shall be collected in the
manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of
two (2) percent if the same is not paid in full on or before the date the tax bill upon which such
charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions
hereof shall be prima facie evidence that all legal formalities have been complied with and that the
work has been done properly and satisfactorily, and shall be full notice to every person concerned
that the amount of the statement, plus interest, constitutes a charge against the property designated
or described in the statement and that the same is due and collectible as provided by law.
(Ord. of 4-3-62, 14)

Page 193
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be subject to punishment as provided in section 1-8 of this Code.
(Ord. of 4-3-62, 15; Ord. of 1-5-88, I)

ARTICLE IV. - SMOKING BAN ORDINANCE
FOOTNOTE(S):
--- (4) --State Law reference Mississippi Adult Tobacco Use on Educational Property Act of 2000, MCA 1972,
97-32-25 et seq.; Mississippi Juvenile Tobacco Access Prevention Act of 1997, MCA 1972, 97-32-1 et
seq.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
"Bars"means any premises where non-alcoholic or alcoholic beverages are sold or consumed,
including but not limited to, taverns, nightclubs, and cocktail lounges.
"Business" means any sole proprietorship, partnership, joint venture, corporation or other
business entity, formed either for non-profit 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.
"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.
"City buildings" means all city-owned and operated buildings and those portions of buildings
leased and operated by the city.
"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.
"Electronic cigarette" means an electronic device that delivers vapor for inhalation. Electronic
cigarette shall include any refill, cartridge, and any other component of an electronic cigarette.
Electronic cigarette shall not include any product approved by the Food and Drug Administration for
sale as a drug or medical device.
"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 who serves as a volunteer for a business or nonprofit
entity.
"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 individual persons.
Page 194
"Enclosed area" means all space between a floor and 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.
"Entrance" means a doorway and adjacent area which gives direct access to a building from a
contiguous street, plaza, sidewalk or parking lot.
"Health care facility" means an office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, 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 these professions.
This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, wards
within and entrances into health care facilities.
"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.
"Mall" means an enclosed, indoor area containing common areas and discrete businesses
primarily devoted to the retail sale of goods and services.
"Place 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
article unless used as a childcare facility.
"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.
"Private residence" means premises owned, rented or leased for temporary or permanent
habitation.
"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 arenas, theaters, and waiting rooms. A public
place also includes the entire building if the building also includes portions of the building to which
the general public is not generally invited. 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 as a child care, adult day care, or health care facility.
"Restaurant" means an 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.
Page 195
"Retail electronic cigarette store" means a retail store devoted primarily to the sale of electronic
cigarettes, and in which the sale of other products is merely incidental. The sale of such other
products shall be considered incidental if such sales generate less than 50 percent of the total
annual gross sales.
"Retail tobacco store" means a retail store devoted primarily to the sale of tobacco products and
in which the sale of other products is merely incidental. The sale of such other products shall be
considered incidental if such sales generate less than 50 percent of the total annual gross sales.
"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.
"Smoking" means inhaling, exhaling, vaping, burning, or carrying any lighted cigar, cigarette,
pipe, electronic smoking device, hookah, or other lighted, electronically-ignited or combusted
tobacco or nicotine product in any manner or any form.
"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.
(Ord. of 9-5-06, 1; Ord. of 8-19-14(2), 2, 3)

Sec. 13-56. - Application of article to city-owned facilities.
All enclosed facilities, including buildings and vehicles owned, leased, or operated by the City of
Tupelo, shall be subject to the provisions of this article.
(Ord. of 9-5-06, 1)
Sec. 13-57. - Smoking prohibited in indoor public places.
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 13-55.13 herein, including but not limited to the
following:
(1) Aquariums, galleries, libraries and museums.
(2) 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.
(3) Bars.
(4) Bingo facilities.
(5) Childcare facilities.
(6) City buildings.
(7) Common areas in bed and breakfast establishments, hotels and motels and common areas of
buildings.
(8) Convention facilities.
(9) Educational facilities.
(10) Elevators and enclosed stairwells.
(11) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or
other similar performance.
Page 196
(12) Health care facilities.

(13) Hotel and motel lobbies.
(14) Indoor shopping malls.
(15) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer
parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(16) Places of employment.
(17) Polling places.
(18) Private clubs when being used for a function to which the general public is invited.
(19) Public forms of transportation, including but not limited to motor buses, taxicabs, or other public
passenger vehicles.
(20) Public bus and transfer point shelters.
(21) Public places including parking garages and jails.
(22) Retail stores.
(23) Restaurants.
(24) Restrooms, chambers, places of meeting or public assembly, including school 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.
(25) Self-service laundry facilities.
(26) Service lines.
(27) Service lobbies, waiting areas, and the common areas open to the public of financial
institutions, businesses and professional offices, and multi-unit commercial facilities.
(28) Sports arenas and venues.
(29) Waiting rooms, hallways, rooms in offices of any physician, dentist, psychologist, chiropractor,
optometrist or optician, or other medical services provider.
(Ord. of 9-5-06, 1; Ord. of 2-6-07, 1)

Sec. 13-58. - Exceptions.
The following areas shall not be subject to the smoking restrictions of this article:
(1) Up to twenty (20) percent of all rooms that are rented to guests in bed and breakfast facilities,
hotel and motel rooms may be designated as smoking rooms.
(2) Private clubs that have no employees, except when being used for a function to which the
general public is invited.
(3) Private residences except those being used for a child care, adult day care or healthcare facility.
(4) Retail tobacco stores.
(5) Retail electronic cigarette stores: provided however, that such stores may only permit the use of
electronic cigarettes.
(Ord. of 9-5-06, 1; Ord. of 8-19-14(2), 4)

Sec. 13-59. - Smoking prohibited in certain outdoor areas.
Page 197
It shall be unlawful for any person to smoke in certain outdoor areas:

(1) 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.
(2) Attached areas of restaurants that are covered or partially covered with more than fifty (50)
percent of the perimeter of the outside area walled or otherwise closed to the outside.
(3) Seating areas of outdoor sports arenas, stadiums, amphitheaters and other venues.
(Ord. of 9-5-06, 1)
Sec. 13-60. - Signage.
(a) Signs prohibiting smoking shall be posted conspicuously at the primary entrance of the premises by
the proprietor, employer or other person in charge of the building.
(b) Signage shall include the international no smoking symbol and be no smaller than 5" x 5".
(c) It shall be unlawful for any person to remove, deface, or destroy any sign required by this article, or
to smoke in a place where any such sign is posted.
(Ord. of 9-5-06, 1)
Sec. 13-61. - 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 article 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 article.
(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.
(Ord. of 9-5-06, 1)
(a) The chief of police or 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 article.
Enforcement will be through issuance of a summons and complaint.
(b) Any person who desires to register a complaint under this article 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 Tupelo.
(d) The health department, fire department, or their designees shall, while an establishment is
undergoing otherwise mandated inspections, inspect for compliance with this article.
(e) It shall be unlawful for any individual to operate a retail tobacco store or a retail electronic cigarette
store without having registered with the city clerk's office in accordance with the rules of the office of
the city clerk.
Page 198
(f)
The office of the city clerk shall promulgate all rules and regulations necessary to establish a system
for review and verification of total annual gross sales of retail tobacco stores and retail electronic
cigarette stores.
(Ord. of 9-5-06, 1; Ord. of 2-6-07, 1; Ord. of 8-19-14(2), 5)

(a) Any person who violates any provision of this article may be subject to a fine of no more than fifty
dollars ($50.00) for the first offense and no more than two hundred fifty dollars ($250.00) for the
second and subsequent offenses.
(b) Any person who owns, manages, operates, or otherwise controls a public place or place of
employment who fails to comply with the provisions of this article shall be guilty of a misdemeanor,
punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation.
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year.
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1)
year.
(c) The city council may suspend or revoke any business license or permit issued by the city for three
(3) or more violations of section 13-61 of this article involving the licensed premises within a twelve
(12) month period.
(d) Violation of this article is hereby declared to be a public nuisance, which may be abated by the
department of health, police department or the department of community planning and development
by restraining order, preliminary and permanent injunction, or other means provided for by law, and
the city may take action to recover the costs of the nuisance abatement.
(e) Each day on which a violation of this article occurs shall be considered a separate and distinct
violation.
(Ord. of 9-5-06, 1; Ord. of 2-6-07, 1)

Sec. 13-64. - Nonretaliation; nonwaiver of rights.
(a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an
employee, applicant for employment, or customer because that employee, applicant, or customer
exercises any rights afforded by this article or reports or attempts to prosecute a violation of this
article.
(b) An employee who works in a setting where an employer allows smoking does not waive or otherwise
surrender any legal rights the employee may have against the employer or any other party.
(Ord. of 9-5-06, 1)
Sec. 13-65. - Jurisdiction clause.
This article shall be subject to all other governmental jurisdictions rules and regulations and laws
pertaining to smoking.
(Ord. of 9-5-06, 1)
Page 199
Chapter 14 - HUMAN RELATIONS

FOOTNOTE(S):
--- (1) --Cross reference Administration generally, Ch. 2
Sec. 14-1. - Affirmative action plan.

(a) The affirmative action plan submitted by the affirmative action plan committee is hereby approved
and adopted.
(b) The official copy of such plan shall be bound and placed permanently on file in the office of the city
clerk, and such plan is hereby incorporated into this section by reference as fully as if set forth at
length herein.
(c) The official copy of the affirmative action plan will be kept on file in the city clerk's office at all times
and will be properly identified by reference on its cover to this section.
(Ord. of 11-17-78, 13)

State Law reference Prohibition of discriminatory practices, MCA 1972, 25-9-149.
Chapter 15 - LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
FOOTNOTE(S):
--- (1) --Cross reference Advertising generally, Ch. 3; permits for alteration of structures under airport zoning
regulations, 4-24; business or commercial activity at airport, 4-81 et seq.; building permit procedures
for multifamily structures, 7-4; mechanical licenses, 7-146 et seq.; flood damage prevention and
control development permit, 11-36 et seq.; business establishments to provide own refuse containers,
12-7; permit required for contract garbage haulers, 12-12(a); business establishments to prevent
spilling, etc., of garbage and other waste on streets, 12-13; monthly residential garbage collection
charges, 12-15; license required for operation of mobile home park, 16-2; permit for special occasions
for operation of radios, mechanical musical instruments, etc., 19-31; permit required for operation of
sound trucks or amplifiers, 19-41; permits required for street cuts and excavations, 24-22; permission
of city required for street obstructions, 24-51; permit required for parades, processions and public
demonstrations, 24-101 et seq.; taxation, Ch. 25; permit required for private sewage disposal system,
26-43 et seq.; building sewer connection permits, 26-61 et seq.; utility rates and charges, 26-116 et
seq.; registration of taxicabs, 27-22; permit for operation of taxicabs, 27-36 et seq.; taxicab driver's
authorization, 27-41
Sec. 15-1. - Solicitors.
Page 200
(a) A "solicitor," within the meaning and application of this section, shall include any person traveling on
foot or by motor vehicle, or by any other type of conveyance, from place to place, from house to
house, or from street to street in the city, taking or attempting to take orders for the sale of goods,
wares, or merchandise for future delivery, or for services to be furnished or performed in the future;
provided however, that, this section shall apply only to solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery.
(b) It shall be unlawful for any person to act as a solicitor, within the meaning and application of this
section, without first securing a license from the city tax collector to do so.
(c) Any person desiring a license to engage in business as a solicitor within the city shall make
application therefor to the city tax collector, on forms to be provided, stating the name and address of
the applicant, the name and address of the firm, person or corporation which he represents and the
kind of goods offered for sale or the kind of services to be performed. Each applicant for a solicitor
license shall include a license fee of two hundred fifty dollars ($250.00) with the application which
shall be deposited in the general fund of the city. Each applicant must also furnish to the city a good
and sufficient penal bond in the amount of one thousand dollars ($1,000.00) conditioned that if such
solicitor shall comply with all the provisions of the city ordinances relating to solicitors, such
obligation shall be void, otherwise, to remain in full force and effect.
(d) Such license shall be valid for one (1) year from date of issuance.
(Ord. of 1-6-25, 14)

ARTICLE II. - GOING-OUT-OF-BUSINESS, ETC., SALES
FOOTNOTE(S):
--- (2) --State Law reference Authority to regulate special sales of this nature, MCA 1972, 21-19-37; state
regulations, MCA 1972, 75-65-1 et seq.
Sec. 15-16. - License required; application.

Any person desiring to conduct a sale of merchandise, commonly known as bankruptcy, insolvent,
liquidation, assignee's, receiver's, trustee's, adjuster's, wholesale, manufacturer's, or closing-out sale, or a
sale of goods damaged by fire, smoke or water, or otherwise, shall, before engaging in such business in
the city file with the mayor a petition for a license to conduct such sale, showing:
(1) The nature of the sale and the length of time required by the petitioner for conducting such sale.
(2) Whether or not it is the purpose of the petitioner to replenish the stock of goods, wares and
merchandise during the course of the sale, and to what extent it is proposed to replenish such
stock.
(3) The place of sale and the approximate value of goods to be sold.
Sec. 15-17. - Conditions for issuance of license; fee.

If, upon examining such petition, the mayor shall find that the proposed sale of merchandise is to be
made in good faith and that the public will not be imposed upon thereby, he may grant such petition and
in such case a license shall be issued to the petitioner authorizing the petitioner to exercise the privilege
Page 201
of conducting such sale on terms and conditions expressed in such license. Such petitioner shall pay for
such license the sum of one hundred dollars ($100.00).
Sec. 15-18. - Exemptions.

Nothing in this section shall be construed to apply to any duly licensed bona fide merchant
conducting a seasonal or special sale ordinarily conducted by merchants or to any bona fide merchant
who is closing out his stock of goods and advertises such sale to that effect, or to any bona fide merchant
whose own stock of goods has been damaged by fire, smoke or water or other casualties and who
advertises as such; nor shall anything contained in this section apply to any sale or merchandise or like
property, made under any judicial or quasi-judicial process for the purpose of executing any judgment or
decree of any court, or the terms of any valid and legal instrument securing the payment of debt.

ARTICLE III. - AMUSEMENT MACHINES
FOOTNOTE(S):
--- (3) --State Law reference Slot amusement machines, MCA 1972, 27-27-1 et seq.

The following words, terms and phrases, when used in this article shall have the meanings ascribed
to them herein:
Amusement machine or machinemeans any mechanical device or contrivance which is operated,
played, worked, manipulated, or used by inserting or depositing any coin, slug, token, or thing of value, in
which may be seen any picture or heard any music, or wherein any game may be played or any form of
diversion had.
Business means and includes all activities or acts personal, professional, or corporate engaged in or
caused to be engaged in with the object of gain, profit, benefit, or advantage, either direct or indirect, or
following or engaged in any trade, calling or profession, and all things which occupy the time, attention
and labor of men for the purpose of livelihood or profit.
Officer collecting the tax shall mean the person who collects the taxes for the municipality regardless
by whatever title he may be known.
Person means and includes any individual, firm, partnership, joint venture, association, corporation,
estate, trust, or any group or combination acting as a suit.
Place of business means and includes a store, shop, counting room, office, factory, or other location,
whether in a building, enclosed space, or in any undefined place where any business, as herein defined,
is done, conducted, or carried on.
(Ord. of 4-6-82, 1)
Sec. 15-37. - LicenseTax imposed.
Page 202
There is hereby levied and imposed upon each person engaging in the business of owning or
placing on location for the purpose of operation within the corporate limits of the city any amusement
machine, annual license taxes according to the following schedules:
(1) For each machine wherein may be seen any picture or heard any music, a license tax for each
such machine in the sum of nine dollars ($9.00).
(2) For each machine not elsewhere specifically taxed in this section wherein or whereby any game
may be played or any form of diversion had, a license tax for such machine in the sum of fifteen
dollars ($15.00).
(3) For each machine not elsewhere specifically taxed in this section wherein or by means of which
children may obtain a ride upon a "hobby horse" or the figure of any animals, or upon the figure
of a boat, airplane, rocket, or other such machine, a license tax of six dollars ($6.00) for each
machine.
(Ord. of 4-6-82, 2)
State Law reference Regulation of public amusements, MCA 1972, 21-19-33; local
privilege taxes, MCA 1972, 27-17-5.
Sec. 15-38. - SameApplication; issuance of stickers; when tax due; renewal; proration of tax scope;
transfer; refunds.
(a) Every person engaged in the business of owning or placing on location for the purpose of operation
any amusement machine shall file an application for a license required by this article with the officer
collecting the tax on forms furnished by him for that purpose. The application shall contain such
information as may be required by such officer and shall be accompanied by remittance for the
amount of tax and any penalty required. Persons owning or placing on location more than one (1)
machine may apply for a license authorizing the operation of the machines at the various locations in
the city, and such license, when issued, shall show the total number of each type of machine for
which the license was issued and the amount of tax paid by the applicant. The officer shall then
issue to the licensee individual stickers for the number of machines applied for, which shall be
evidence of payment of the tax.
(b) The tax levied shall be due and payable annually on January first, and all licenses issued under the
provisions of this article shall expire annually on December thirty-first. A license may be renewed and
stickers affixed to the machine without penalty during the month of January. The amount of the
license tax to be paid for a period of less than twelve (12) months shall be that proportionate amount
of the annual license tax that the number of months, or fractional part thereof, remaining until
January first next bears to twelve (12) months.
(c) The officer collecting the tax shall issue a license on a form or sticker to be prescribed by him. There
shall be printed on each license form or sticker at the bottom thereof, the words "This license shall
not make lawful any act or thing declared to be unlawful by the State of Mississippi." They shall be
imprinted with the fiscal year for which the blanks are to be issued and shall be numbered
consecutively beginning with number one (1) of each fiscal year and shall be made in duplicate, the
original and duplicate to bear the same serial number and be alike in all respects except that they be
marked "Original" and "Duplicate" and shall be of different colors. Such license or sticker shall be
securely affixed or attached conspicuously to the machine to which it applies in such manner as to
be readily visible and shall be affixed before the machine is operated or played. The absence of a
proper license or sticker affixed to a machine shall be prima facie evidence of failure to pay the tax
levied for operation of the machine.
(d) The license shall entitle the owner or the person placing the machine on location for the purpose of
operation to operate a machine of the type specified until December thirty-first next. If a machine for
which a license has been issued should be destroyed or traded, the privilege of operation for the
Page 203
remaining time covered by the license may be transferred to another machine of the same type by
procedure to be specified by the officer collecting the tax.
(e) When ownership of a machine upon which a valid license or sticker is attached is transferred to
another person, no additional tax shall be required.
(f)
No refunds shall be allowed for failure or inability to exercise the privilege granted after the license
has been issued.
(Ord. of 4-6-82, 3)
State Law reference Similar provisions, MCA 1972, 27-27-7.
Sec. 15-39. - SameTax to be in addition to other taxes.
The license tax levied by this article shall be in addition to all other taxes levied by law.
(Ord of 4-6-82, 4)
Sec. 15-40. - Records to be kept.
It shall be the duty of every person taxable under this article to keep and preserve for a period of
three (3) years adequate records showing the location on which each machine is placed for the purpose
of operation, type of machine and the size coin required to operate the machine one (1) time.
(Ord. of 4-6-82, 5)
Sec. 15-41. - Payment into treasury.
(a) All taxes levied and penalties imposed by this article and required to be paid to the officer collecting
the tax shall be payable in cash or by personal check, cashier's check, money order, or bank
exchange, which shall be deposited in some bank in the city qualified as a city depository. No
remittances other than cash shall be a final discharge of liability for the tax and penalty imposed.
(b) The taxes and penalties collected shall be paid into the city treasury in the same manner as other
taxes collected by the officer collecting the tax.
(Ord. of 4-6-82, 7)
Sec. 15-42. - Effect of article on local privilege tax law.
Nothing contained in this article shall be deemed to limit or otherwise modify the municipality's
enforcement of the privilege tax on vending and weighing machines, machines selling postage stamps,
merchandise, etc., as administered under and through the "Local Privilege Tax Law," it being the express
intention to provide only for substantial uniform enforcement of and between the two (2) separate laws.
Page 204
(Ord. of 4-6-82, 8)
Sec. 15-43. - Administration.
(a) The administration of this article is vested in and shall be exercised by the officer named by the land
use committee to collect the tax. Such officer may act through his duly appointed and qualified
deputies or agents, who shall serve under him and perform such duties as may be required of him.
(b) Such officer may promulgate such regulations, not inconsistent with this article, as he may deem
necessary to enforce its provisions. Such officer shall keep full and accurate records of all monies
received by him and shall preserve all applications for amusement machine licenses and copies of
licenses issued therefrom for a period of three (3) years. Such applications and copies of licenses
shall be open to inspection by the public.
(Ord. of 4-6-82, 9)
Sec. 15-44. - Exemptions and penalties.
Exemptions from and penalties for violation of this article shall be the same as provided by state law.
(Ord. of 4-6-82, 6)
ARTICLE IV. - AUCTIONS AND AUCTIONEERS
Sec. 15-61. - LicenseRequired.

Any person who shall sell or offer to sell at public auction in the city, any personal property of any
kind whatever, except under and by virtue of a mortgage or deed of trust, without having first obtained a
license therefor, shall be subject to punishment as provided in section 1-8 of this Code.
(Ord. of 3-4-24, 1)
Sec. 15-62. - SameFiling of inventory and bond prerequisite to issuance.
In order to obtain a license to do business as an auctioneer, the applicant shall file with the clerk of
the city an inventory with affidavit attached, of goods to be auctioned, and to also furnish bond in the
amount of one thousand dollars ($1,000.00), with good security, for the faithful performance of the
provisions of this article.
(Ord. of 3-4-24, 2)
Sec. 15-63. - SameDuration, scope; revocation.
Page 205
Licenses required by this article are to be issued for a duration of thirty (30) successive days only,
Sundays and holidays excepted, and licenses are to permit selling only between the hours of 8:00 a.m.
and 6:00 p.m. The license of any person convicted of a violation of this article shall be revoked.
(Ord. of 3-4-24, 35)

Sec. 15-64. - Misrepresentation or substitution of goods sold prohibited.
It shall be unlawful for any auctioneer of personal property to offer for sale at public auction any
particle and induce its purchase by any bidder and misrepresent or thereafter substitute any article in lieu
of that offered and purchased by the bidder.
(Ord. of 3-4-24, 4)
Sec. 15-65. - Use of by bidders and up bidders prohibited.
It shall be unlawful for any auctioneer of personal property to use a by bidder or bidder up.
(Ord. of 3-4-24, 5)
Sec. 15-66. - Use of public streets or alleys prohibited.
It shall be unlawful for any person to sell at public auction on the public streets, or alleys of the city
any goods, chattels, livestock or other things.
(Ord. of 12-2-02)
ARTICLE V. - CHARITABLE SOLICITATIONS
Sec. 15-86. - PermitRequired.

It shall be unlawful for any person or group of persons to undertake solicitation of funds for
charitable, religious or other similar causes within the city without complying with the provisions of this
article and obtaining a permit.
(Ord. of 2-20-79, 1)
Sec. 15-87. - SameApplication.
A person or persons desiring to undertake solicitation of funds shall contact the office of the chief of
police and the mayor's office and shall establish his identity and his authority to act for the cause which
the individual purports to represent. When the office of the chief of police and the mayor's office are
satisfied as to the identity of the party or parties and satisfied that he, she or they have proper authority to
represent the cause claimed and to solicit funds therefor, the permit shall be issued unless the application
falls within the provisions of section 15-86.
(Ord. of 2-20-79, 2)
Page 206
Sec. 15-88. - SameInvestigation; hearing; issuance or denial.

If the information submitted pursuant to section 15-87 and the information available raises a question
as to the validity of the charitable or religious organization, the mayor and chief of police shall obtain
information from all available sources. After this step has been taken, if there is still a question as to the
validity of the religious or charitable organization, the organization in question shall be given the
opportunity to be heard and to present all information which it deems necessary at a full meeting of the
mayor and board. If, based on all of the information available, mayor and board of aldermen, by a majority
vote, find that the organization is not valid, but is fraudulent, the permit shall be refused. Unless such
finding is made by the majority vote of the mayor and board of aldermen, the permit shall be granted. This
action of the mayor and board of aldermen shall be subject to appeal as provided by law.
(Ord. of 2-20-79, 3)
Sec. 15-89. - Restrictions.
(a) Solicitation period. Solicitation for funds shall be made between the hours of 10:00 a.m. and 4:00
p.m.
(b) Number within year. Not more than one (1) solicitation campaign shall be made within the city for a
specific cause during any twelve-month period.
(c) Number of solicitors. No more than two (2) solicitors shall visit a home or place of business and not
more than two (2) solicitors may make solicitations on the sidewalks or in the pedestrian portions of a
mall or shopping center, and such solicitations must be made in such a way that they do not impede
the proper movement of pedestrian traffic on the sidewalks or in the malls or shopping centers of the
city.
(d) Solicitation in streets prohibited. No solicitation shall be made on or in the streets of the city for any
cause.
(e) Authority for waiver of sidewalk and mall restrictions during holiday seasons. The chief of police and
the mayor are authorized to waive the provisions of this article with reference to solicitations on the
sidewalks and in the pedestrian areas of the malls and shopping centers in connection with
solicitations conducted during holiday seasons provided with such waiver the peace, good order and
comfort of the city may still be properly safeguarded.
(f)
Repeated calls on same businesses, homes and in some areas restricted. Persons engaged in
solicitation efforts shall not make repeated calls on the same businesses or homes and shall not
make solicitations in malls or shopping centers or on sidewalks for more than two (2) days during a
solicitation campaign.
(Ord. of 2-20-79, 4)
The violation of the terms of this article shall constitute a misdemeanor, punishable as provided in
section 1-8 of this Code.
(Ord. of 2-20-79, 5)
ARTICLE VI. - GARAGE AND SIMILAR HOME SALES
Page 207
Sec. 15-106. - Permitrequired; fee; records; definitions.

No estate sale, garage sale or moving sale may be conducted without a permit. A permit shall be
obtained from the city clerk's office. The permit fee is ten dollars ($10.00) and is nonrefundable. To obtain
a permit, the applicant must be at least eighteen (18) years of age. The city clerk shall keep records of all
permits issued each year.
The following definitions shall apply to the interpretation of this chapter:
(1) Estate sale means a sale of personal property and goods from the estate of a deceased person.
An estate sale shall be conducted at the residence of the deceased for whose estate the sale is
being conducted. A death certificate or other proof of death of the individual for whose estate
the sale is being conducted must be attached to the permit application unless said estate sale is
conducted by a designated business possessing a privilege license for conducting such sales
issued by the City of Tupelo. Only one estate sale permit may be issued per estate.
(2) Garage sale also called yard sale, rummage sale, tag sale, attic sale, home sale, barn sale, or
junk sale, means a sale conducted by individuals in their homes, garages and yards or on their
patios, for the purpose of disposing of personal property no longer needed by the individuals.
Garage sales may at times be conducted by a combination of residents at a single location;
provided all material or goods sold are the personal property of one of the persons conducting
the sale, acquired by the person prior to resale without the intent to resale.
(3) Moving salei means a sale of personal property and goods for the purpose of disposing of
personal property and goods no longer needed by the individual once they move or property
which the individual cannot move with him. Proof of the purchase of a new home or another
document evidencing a move must be attached to the permit application.
(Ord. of 11-6-79, II; Ord. of 9-25-90, II; Ord. of 10-12-97, 1; Ord. of 7-21-98, 1; Ord. of
12-15-98, 1; Ord. of 5-20-08(2), 1; Ord. of 11-1-11(1), 1)
Editor's note An ordinance adopted May 20, 2008 changed 15-106(Title) to read as herein
set out. Prior to amendment, 15-106(Title) pertained to permitrequired; fee; records; number
restricted.
State Law reference Exemption from state regulatory provisions, MCA 1972, 75-85-3(f).
Sec. 15-107. - SameScope.
If the permit applicant is not the owner of the property where the garage sale or moving sale will be
conducted, the applicant must provide written permission from the property owner of the sale site to the
city clerk prior to the permit being issued. Permits, when issued, shall authorize the estate sale, garage
sale, or moving sale for a period not to exceed three (3) days. No garage sale or moving sale shall be
authorized or permitted on Sunday unless conducted by a designated business possessing a privilege
license for conducting such sales issued by the City of Tupelo. However, an estate sale may be
conducted on Sunday. The permit shall contain the dates of the authorized sale and shall be posted at all
times during the sale in a clearly visible manner at or near the site of the sale and within five (5) feet of
the road or curb line. All sales shall be conducted only between the hours of 6:00 a.m. and 6:00 p.m.
during the dates authorized on the permit except sales held on Sunday, which shall be conducted only
between the hours of 12:00 noon and 6:00 p.m.
Page 208
(Ord. of 11-6-79, III; Ord. of 9-25-90, III; Ord. of 10-12-97, 2; Ord. of 7-21-98, 2; Ord.
of 12-15-98, 1; Ord. of 5-20-08(2), 2; Ord. of 11-1-11(1), 2)
Sec. 15-108. - SameFrequency restricted.
No person may be issued a garage sale permit more frequently than one (1) every ninety (90) days.
No person may be issued a moving sale permit more frequently than one (1) every two (2) years.
(Ord. of 11-6-79, I; Ord. of 9-25-90, I; Ord. of 10-12-97, 3; Ord. of 7-21-98, 3; Ord. of 520-08(2), 3)
Sec. 15-109. - Violations; enforcement.
The city police department is authorized to enforce the provisions of this article. Persons conducting
sales without the issuance of a permit and without complying with the terms of this article shall be in
violation of the article and shall be punishable as provided in section 15-110 of this Code.
(Ord. of 11-6-79, IV; Ord. of 9-25-90, IV; Ord. of 10-12-97, 4; Ord. of 7-21-98, 4)
Sec. 15-110. - Citation; penalties.
Any citizen in violation of this article shall be issued a written citation by a Tupelo police officer while
on the site of such violation. The citation for the first offense will direct the violator to secure a permit on
the first business day following the date of the violation and to pay the prescribed fee for said permit.
Citations for the second and any subsequent violations will direct the violator to make payment of a fine in
the amounts described herein, within five (5) days of the date of the citation and made payable to the
Tupelo Municipal Court. A violator will be subject to a twenty-five dollar ($25.00) fine for the second
offense. A fifty dollar ($50.00) fine will be imposed on the violator for the third offense and a one hundred
dollar ($100.00) fine will be imposed for the fourth offense. A violator who receives four (4) citations in
one (1) calendar year will be prohibited from holding a garage or other home sale for a period of twelve
(12) months following the fourth citation. A violator under this article who does not pay a fine or secure the
permit as provided herein will be subject to a hearing before the municipal court for further action and for
disposition.

Secs. 15-11115-125. - Reserved.
ARTICLE VII. - PRECIOUS METALS AND ANTIQUES

Any person acquiring, purchasing or otherwise dealing in antiques, used or scrap jewelry, flatware,
silverware, silver, gold or other precious metals in whatever form, where such purchase is for resale in its
original form or as changed by remounting, melting, reforming, remolding or recasting or for resale as
scrap or in bulk, shall be required to obtain a permit from the chief of police prior to engaging in such
business, which permit shall be valid for not more than six (6) months.
(Ord. of 1-6-81, 1)
Page 209

To obtain a permit under this article applicants shall supply to the chief of police the following
information: Name, social security number, and date of birth of applicant, and if a corporation, the names,
social security numbers and dates of birth of all officers and directors who shall be designated as to their
office; address of applicant, and, in addition, if a corporation, the addresses of all officers and directors;
names of employees, social security numbers and dates of birth and their addresses; criminal
convictions, other than traffic offenses of applicants, officers, directors, and employees; street address of
place from which business is to be conducted, and the location where items described in section 15-126
shall be kept during the time period set forth in section 15-129; a recent photograph of applicant, officers,
directors and employees; the days of the week and hours of the day during which business will be
conducted. A willful providing of false information shall constitute a violation of this article.
(Ord. of 1-6-81, 2)
Sec. 15-128. - SameRevocation.
Upon conviction of a violation of any provision of this article or upon the failure to comply with its
terms, the chief of police shall revoke any permit issued pursuant to the provisions hereof.
(Ord. of 1-6-81, 9)
Sec. 15-129. - Holding period for purchased items.
(a) It shall be unlawful for any person engaging in the activity described in section 15-126 for a period of
five (5) days from the date of such purchase or other acquisition, to sell, exchange, barter or remove
from the place in which the business is conducted, or in case the place of business is located in a
motel or hotel, the room or rooms in which the business is conducted, or such other place as may be
approved by the chief of police, or to change the form of any of such items by remounting, melting,
cutting up, or otherwise to change the form of any of the items described in section 15-126
(b) During the five-day period set forth and provided in paragraph (a) of this section, all items described
in section 15-126 shall be kept physically separated according to the date of purchase or other
acquisition and shall not be commingled with any other personality.
(Ord. of 1-6-81, 4)
Sec. 15-130. - Purchases log.
Every person dealing in the items described in section 15-126 shall maintain a log in duplicate and
shall enter in such log a clean and accurate description of any items described in such section 15-126
which are purchased or otherwise acquired and the date and amount of money or other thing of value
paid for such items and the name, race, sex, driver's license (state and number), residence and address
of the seller. The seller and the purchaser shall each sign the log acknowledging the accuracy of the
description of such items sold and the consideration paid for such items. For each day the person
described in section 15-126 shall designate in his application as a day on which he shall be open for
business of the type described herein, such person shall deliver to the chief of police in a manner
designated by him a copy of the log concerning that day's business (whether transactions are
consummated or not), such copy of the log to be delivered by noon the day following. The original log
shall be carefully preserved without alteration and shall at all times be open and available for inspection
by the chief of police or his designee. Failure to log each purchase or other acquisition or any item
described in section 15-126 shall constitute a separate violation of this article.
Page 210
(Ord. of 1-6-81, 5)
Sec. 15-131. - Items covered by article purchased by permit holders presumed acquired for resale.
In any criminal proceeding hereunder the holder of a permit issued pursuant to the terms of this
article shall be presumed to have acquired, purchased or otherwise come into the possession of the items
described in section 15-126 for purposes of resale.
(Ord. of 1-6-81, 8)
Every person, their agents or employees, who shall violate any of the provisions of this article, shall,
on conviction thereof, be deemed guilty of a misdemeanor and shall be subject to punishment as
provided in section 1-8 of this Code.
(Ord. of 1-6-81, 7)
Secs. 15-13315-150. - Reserved.
ARTICLE VIII. - TRANSIENT VENDORS
FOOTNOTE(S):
--- (4) --State Law reference Authority for local regulation, MCA 1972, 21-19-35; state regulation of transient
vendors, MCA 1972, 75-85-1 et seq.

For the purpose of this article, the term "transient vendor" shall mean a "peddler" or other itinerant
dealer who goes from place to place and from location to location carrying merchandise for sale. Such
term shall mean, but shall not be limited to, one who establishes himself in business in a locality with the
intention to remain there for a period of less than six (6) months, and who for such limited time occupies a
place for the exhibition and sale of his wares.
(Ord. of 9-7-82, 1)
Sec. 15-152. - Compliance with law, ordinances required.
No transient vendor shall be allowed to peddle goods, wares, products, or merchandise or solicit
orders therefor within the corporate limits of the city except upon first complying with all laws and
regulations of the United States and of the state and all ordinances of this city as provided herein.
(Ord. of 9-7-82, 2)
Page 211

In advance of any peddling, solicitations, or otherwise conducting business, transient vendor shall
apply for and obtain the necessary license as provided herein from the tax department of the city. Prior to
the issuance of such license to so solicit, peddle, or otherwise conduct business, the applicant therefor
shall produce or offer other evidence of prior compliance with all laws of the state, and the United States
of America, including, but not limited to, sanitary and health regulations, inspections, permits, applicable
fees, and privilege licenses and shall certify to the city that, in the business of a transient vendor he will
comply with such laws and regulations and that in his business he will not commit any fraud, sell any
goods, wares or merchandise by any false or other weights or measures, or sell any such articles as
being composed or manufactured in whole or in part of materials or ingredients other than those of which
articles are actually composed or manufactured.
(Ord. of 9-7-82, 3)
Sec. 15-154. - SameApplication form.
The application for a license under this article to peddle or solicit shall be in substantially the
following form:
"I, ____________, do hereby make application for license to peddle merchandise, goods, or wares
or solicit orders therefor in the City of Tupelo, Mississippi, in compliance with the ordinance adopted by
said City.
"Applicant certifies that, in the business of a transient vendor, he will comply with the laws of the
United States of America and of the State of Mississippi, and that in his said business he will not commit
fraud, sell any manufactured goods, wares, or merchandise by any false or other weights or measures, or
sell any such articles as being composed or manufactured in whole or in part of materials or ingredients
other than those which said articles are actually composed or manufactured.
____________
APPLICANT
"SWORN
TO
AND
SUBSCRIBED
BEFORE
ME,
____________/____________/____________ day of ____________, 19____________."
this
the
Such application shall likewise contain the street address and post office address of the applicant,
length of time license is desired, not to exceed thirty (30) days, name of firm or corporation represented,
number of vehicles to be operated, kind of vehicle to be operated, kind of merchandise to be sold, method
of distribution, and kind of service to be performed."
(Ord. of 9-7-82, 4)
Sec. 15-155. - SamePrerequisites to issuance.
In addition to the requirements of sections 15-152 through 15-154, and likewise in advance of any
peddling or solicitations, a transient vendor shall:
(1) Obtain the applicable privilege license and pay the fee therefor as required by law.
(2) Furnish to the municipality a good and sufficient penal bond in an amount of one thousand
dollars ($1,000.00) conditioned that if such transient vendor shall comply with all of the
provisions of the municipal ordinances relating to transient vendors, such obligation shall be
void, otherwise, to remain in full force and effect.
(Ord. of 9-7-82, 5)
Page 212
Sec. 15-156. - SameAdministrative fee.

There shall be charged for the license issued under this article an administrative fee of two hundred
fifty dollars ($250.00).
(Ord. of 9-7-82, 8; Ord. of 10-1-2013, 2)

Sec. 15-157. - SamePosting; exhibition.
Each license obtained and issued as provided in this article shall be kept posted in a conspicuous
part of the place of the business of the person to whom such license has been issued. Any officer of the
law shall have the right to demand that any transient vendor exhibit the license to him and failure of the
person to so exhibit his license shall be prima facie evidence that such transient vendor has not complied
with the prerequisite requirements for obtaining such license and shall be prima facie evidence that the
license has not been procured. In all cases where the question arises as to whether a license has been
procured, the license or record thereof, if in existence, shall be the only evidence of same and payment
therefor.
(Ord. of 9-7-82, 6)
Sec. 15-158. - SameDesignation of specific location; change of location.
If a transient vendor desires to operate in a specific location, the applicant shall state so and such
license shall be for that particular locality only within the municipality. Where the holder of a transient
vendor license to engage in any business at any definite location in the municipality desires to remove
same to another location in the municipality, the city tax department shall upon proper application in
writing by the licensee, grant to such person the right to make such move, and shall endorse upon the
license his approval of the change in location.
(Ord. of 9-7-82, 7)
Sec. 15-159. - Exemptions.
The provisions of this article shall not apply to a natural person or to any member of his immediate
household going from place to place and selling or offering to sell farm products raised, produced or
grown by him or by his immediate household in this state.
(Ord. of 9-7-82, 9)
Sec. 15-160. - Article cumulative and supplemental to other laws and ordinances.
This article is declared to be cumulative and supplemental to any and all acts, laws, and regulations
of the state pertaining to transient vendors and is in the interest of promoting and protecting the public
health, morals, welfare, and safety of the citizens of the city.
(Ord. of 9-7-82, 11)

Sec. 15-161. - Violations; penalties.
Violations of this article, or any provision thereof, shall be a misdemeanor and punishable as
provided in section 1-8 of this Code by and through the municipal court.
Page 213
(Ord. of 9-7-82, 10)

Sec. 15-162. - [Residential door to door sales requires separate license.]
(a) In order to preserve the public safety of the citizens of the City of Tupelo in all residential areas, any
person, group of persons, "solicitor," "transient vendor," "peddler," entity or corporation licensed to
conduct business under the laws of the City of Tupelo that solicits sales of goods and/or services
from door to door in areas zoned residential, is hereby required to obtain a license under this section
in addition to a City of Tupelo business privilege tax license.
(b) This section excludes any business that delivers goods and/or services from a central location.
(c) This section does not apply to solicitation of funds by charitable organizations governed by article V,
chapter 15
(Ord. of 3-1-05, 13)

(a) Solicitation period. Solicitation by transient vendors on private residential property to solicit orders for
sale of goods or to sell goods may be made only between the hours of 10:00 a.m. and 5:00 p.m.
only, Monday through Saturday.
(b) Number of solicitors. No more than two (2) solicitors shall visit a home at the same time concerning
the same solicitation.
(c) Number of calls. A solicitor cannot call on or visit a home more than one (1) time.
(Ord. of 10-1-2013, 1)
Secs. 15-16415-180. - Reserved.
ARTICLE IX. - PAWNBROKERS
FOOTNOTE(S):
--- (5) --Editor's noteProvisions enacted by IXIII of an ordinance adopted Aug. 20, 1991, have been
included herein at the discretion of the editor as Art. IX, 15-18115-193.

A "pawnbroker" shall be defined as any person, firm, corporation, partnership or other legal entity
who makes a business of lending money at interest and on the security of personal property physically
deposited in its keeping, as provided in MCA 1972, 75-67-1.
(Ord. of 8-20-91, I)
Sec. 15-182. - License required.
Page 214
It shall be unlawful for any person or entity to engage in the business of a pawnbroker within the city
unless a privilege license is first obtained as required by law.
(Ord. of 8-20-91, II)

Sec. 15-183. - Dealing with certain persons prohibited.
No pawnbroker shall take any handgun in pawn, pledge or as security or in trade from any person
under the age of twenty-one (21) years.
(Ord. of 8-20-91, III)

Sec. 15-184. - Pawning of guns with no serial numbers or defaced serial numbers prohibited.
It shall be unlawful for any pawnbroker to take as pawn or pledge or to trade or buy any firearm that
has a serial number which has been altered in any way from the serial number that was stamped on the
firearm during its original manufacturing process, if any. Every pawnbroker shall furnish a full description
of all firearms to the Tupelo Police Department as provided in section 15-189.
(Ord. of 8-20-91, IV)

Sec. 15-185. - Notification to police regarding stolen property and return of stolen property to owner.
When any item in the pawnbroker's possession which has been pawned, bought or taken in trade by
said pawnbroker, is found to be stolen property or is reasonably suspected of being stolen property, the
pawnbroker shall notify the Tupelo Police Department immediately. The property shall be surrendered to
the Tupelo Police Department. Upon release of said property by the Tupelo Police Department, the items
shall be returned to the true owner thereof, without the payment of any of the amount advanced by the
pawnbroker or any costs or charges of any kind, which the pawnbroker may have placed upon the item.
(Ord. of 8-20-91, V)
Sec. 15-186. - Pawn tickets and stub books.
Consistent with the record-keeping provisions of state law, every pawnbroker shall keep a book
which shall be made with a stub, which shall be numbered consecutively and shall correspond in all
essential particulars to the detachable pawn ticket attached thereto. The pawnbroker shall, at the time of
making any loan, sale, purchase or trade, enter upon the stub as well as the pawn ticket, a clear and
accurate description, written in ink in the English language of the property pawned, the date and the
amount of money loaned and when due, the name and residence address of the pawner and if the article
bears a serial number, the serial number. The pawner shall sign the stub with his residence address and
receive the detached pawn ticket, which shall be signed by the pawnbroker. The records to which this
section applies shall be open to inspection by the Tupelo Police Department during the pawnbroker's
normal business hours. This book shall be kept for a permanent record for two (2) years from the date of
the last entry into the book.
(Ord. of 8-20-91, VI)

Sec. 15-187. - Memorandum to be given pledgor.
Consistent with the record-keeping provisions of state law, every pawnbroker shall, at the time of
each loan or transaction, deliver to the person pawning, pledging, trading or buying any goods, articles or
Page 215
things a memorandum or note signed by him, containing the substance of the entry required by section
15-186 to be made by him in his record book, and an estimated value of the goods, articles or things
pledged. No charge shall be made or received by any pawnbroker for any such memorandum or note.
(Ord. of 8-20-91, VII)

Sec. 15-188. - Retention period of pawned articles.
It shall be unlawful for any pawnbroker to sell, exchange, barter or remove from their place of
business, or permit to be redeemed, any goods traded for or bought by any pawnbroker for a period of
seven (7) days after delivering a copy of the information form covering such articles to the Tupelo Police
Department as required by section 15-189.
(Ord. of 8-20-91, VIII)

Sec. 15-189. - Information relative to pawned or bought articles.
In addition to the records provided for herein, every pawnbroker at the time of receiving any article in
pawn, pledge or security in the conduct of his business, shall place a full description of the article or
things pledged or bought upon a page or log, the form of which shall contain substantially the information
shown below:
NAME: _____
ADDRESS: _____
CITY: _____ STATE _____ ZIP _____
RACE: _____ SEX _____ DOB _____ SS# _____
HGT: _____ FT. _____ IN. _____ WGT: _____ DRIVER LICENSE _____
DATE: _____ SERIAL NUMBER: _____
TYPE: _____ BRAND: _____ MODEL _____
DESCRIPTION: _____
CATEGORY: _____ LOAN: $ _____
DATE DUE _____
SIGNATURE: _____
TICKET # _____
Page 216
Type codes: Minimum of four (4) and maximum of seven (7) alphabetic characters as listed by the Tupelo
Police Department.
Brand: First six (6) letters of numbers (no hyphens) of the brand name.
Model: Maximum of nine (9) alpha/numeric characters.
Category Codes:
Bicycles.
Camera equipment (includes enlargers, lenses, light meters and projectors).
Equipment not otherwise categorized (includes measuring devices and tools).
Pistols, rifles, shotguns, any other weapon which will or is designed to be converted to expel
projectile by air, carbon dioxide or the action of an explosive.
Household appliances (includes dishwashers, freezers, ranges).
Musical instruments.
Office equipment (includes dictation machines, photocopiers and typewriters).
Personal accessories (includes badges, credentials, jewelry).
Radio, TV and sound entertainment devices (includes microphones).
Sports equipment (includes pool tables and skis but not guns).
Viewing equipment (includes binoculars, microscopes and rifle scopes).
Items listed by the Tupelo Police Department or not listed at all.
The form must receive prior approval by the Tupelo Police Department. The description must be sufficient
to identify the item bought or pawned. No pawnbroker shall receive any item offered to be pledged,
pawned, purchased or traded without requiring a valid Mississippi driver's license, or valid driver's license
with photograph from another state, a valid military identification card or other valid photographic
identification by the Mississippi Department of Public Safety and recording the information from which on
the approved form as provided herein. A separate form or log entry shall be filled out for each article
pledged, received, bought or taken in trade. All the blanks on the form shall be in legible printing in the
English language except for the blank for the signature which shall be written by the pledgor, seller, or
trader in his or her own handwriting.
Page 217
(Ord. of 8-20-91, IX)

Sec. 15-190. - Pawnbroker to fill in proper forms and deliver to police.
Every pawnbroker shall fill out the form specified in section 15-189 for each article pledged to, traded
for, brought or otherwise received by him or her, and he or she shall deliver a legible copy thereof to the
Tupelo Police Department, on each business day, Monday through Friday before 12:00 noon of the day
following the transaction, or Monday, if the transaction occurs on Saturday, all such forms describing
articles pledged, pawned, bought or received during the previous day. Such forms may be mailed to the
Tupelo Police Department in lieu of personal delivery, if the envelope in which the same are mailed bears
the post date of the day on which such property was received.
(Ord. of 8-20-91, X)
Sec. 15-191. - Inspection of records by police.
The records and forms provided for in this article shall be open to the inspection of the Tupelo Police
Department during the pawnbroker's normal business hours. The Tupelo Police Department may inspect
the property pawned, pledged, bought or received in security to check the accuracy and veracity of the
records and forms in conjunction with inspection of records and forms.
(Ord. of 8-20-91, XI)

A violation of this article, including the requirements for record-keeping and inspection of records,
shall result in a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00)
for each offense. For each violation of this article occurring within thirty-six (36) months after a conviction
for violation of this article shall result in (a) a fine of not less than three hundred dollars ($300.00) nor
more than one thousand dollars ($1,000.00); (b) a jail sentence of not more than thirty (30) days; (c)
suspension or revocation of the pawnbroker's privilege license; or (d) a combination of the foregoing as
the court may decide.
(Ord. of 8-20-91, XII)

Sec. 15-193. - Effective date; conflicting provisions; validity.
This article shall become effective on the thirtieth day after the date of adoption. The city clerk is
authorized and directed to publish these provisions in the Northeast Mississippi Daily Journal as required
by law. This article will remain in full force and effect until specifically superseded. All ordinances and
resolutions in conflict with any of the provisions hereof are hereby repealed. Nothing in this article shall be
construed to be in conflict with any statute or regulation of the State of Mississippi. In the event that any
portion of this article is ruled to be invalid by a court of competent jurisdiction, the remainder will remain in
full force and effect.
(Ord. of 8-20-91, XIII)

Secs. 15-19415-200. - Reserved.
ARTICLE X. - ADULT ENTERTAINMENT
Page 218
DIVISION 1. - IN GENERAL
Secs. 15-20115-220. - Reserved.

DIVISION 2. - LICENSING
Sec. 15-221. - Title.

This division may be referred to as the "Tupelo Adult Entertainment Licensing Ordinance."
(Ord. of 5-17-94, 1)
For the purpose of this division, the words and phrases herein shall have the following meanings:
Adult arcade means an establishment where, for any form of consideration, one (1) or more motion
picture projectors, slide projectors, or similar machines for viewing by five (5) or fewer persons each are
used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are
characterized by an emphasis upon the depiction or description of "specified sexual activities" or
"specified anatomical areas."
Adult bookstore means a commercial establishment that, as one (1) of its principal business
purposes, offers for sale or lease for any form of consideration, any one (1) or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures,
video cassettes, slides or other visual representations that are characterized by an emphasis
upon the depiction or description of "specified sexual activities" or "specified anatomical areas";
or
(2) Instruments, devices or paraphernalia that are designed for use in connection with "specified
sexual activities."
Adult cabaret means an establishment that regularly features live performances that are
characterized by the exposure of specified anatomical areas or by specified sexual activities, or films,
motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial
portion of the total presentation time is devoted to the showing of material that is characterized by an
emphasis upon the depiction or description of "specified sexual activities or "specified anatomical areas."
Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance,
display or dance of any type which has as a significant or substantial portion of such performance any
actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified
anatomical areas." Adult entertainment further includes the removal of articles of clothing or appearing
unclothed in any way, pantomime, modeling session, or any other personal services offered patrons.
Adult entertainment establishment and/or business means any adult arcade, adult bookstore, adult
cabaret, adult motel, adult motion picture theater, adult mini-motion picture theater, adult video store, or
similar establishment which regularly features or depicts behavior which is characterized by the exposure
of "specified anatomical areas," or where any employee, operator or owner exposes his/her "specified
anatomical areas" for viewing by patrons.
Adult mini-motion picture theater means an enclosed building with a capacity of less than fifty (50)
persons regularly used for presenting material distinguished or characterized by an emphasis on matter
Page 219
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined
below, for observation by patrons therein.
Adult motel means an establishment which includes the word "adult" in any name it uses or
otherwise advertises the presentation of adult material offering public accommodation for any form of
consideration, which provides patrons with closed-circuit televised transmissions, films, motion pictures,
video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon
the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult motion picture theater means an establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which
substantial portion of the total presentation time is devoted to the showing of material characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult video store means a commercial establishment that, as one (1) of its principal business
purposes, offers for sale or rental any form of consideration of any one (1) or more of the following:
(1) Photographs, films, motion picture, video cassettes or video reproductions, slides or other visual
representations which depict or describe "specific sexual activities or specified anatomical
areas"; and
sexual activities."
Council means the City Council of the City of Tupelo, Mississippi.
Employee means any and all persons, including independent contractors, who work in or at or render
any services directly related to the operation of an adult-oriented establishment.
Licensee means a person in whose name a license to operate an adult entertainment business has
been issued, as well as the individual listed as the applicant on the application for a license.
Major stockholder means an individual shareholder owning more than twenty-five (25) percent of the
stock in a corporation.
Operator means any person, partnership or corporation operating, conducting or maintaining an
adult-oriented establishment.
Person means an individual, proprietorship, partnership, corporation, association, or other legal
entity.
Principal business purpose means any such commercial establishment which:
(1) Derives twenty-five (25) percent or more of its gross monthly revenues from the sale or rental of
adult material in the following categories: Books, magazines, periodicals, other printed matter,
slides, photographs, films, motion picture, videotapes, compact discs, computer digital graphic
recordings, other visual representations, audio recordings and other audio matter; or
(2) Has as twenty-five (25) percent or more of its stock in trade the inventory and/or materials
described in subsection (1) above; or
(3) Devotes twenty-five (25) percent or more of its interior business area to the sale or rental of the
inventory and/or materials described in subsection (1) above; or
(4) Devotes twenty-five (25) percent or more of its advertising to the sale or rental of the inventory
and/or materials described in subsection (1) above.
Sexual activities as used in this division, is not intended to include any medical publications or films
or bona fide educational publication or films, nor does it include any art or photography publications which
devote at least twenty-five (25) percent of the lineage of each issue to articles and advertisements dealing
with subjects of art or photography. Nor does this definition apply to any news periodical which reports or
describes current events and which, from time to time, publishes photographs of nude or semi-nude
persons in connection with the dissemination of the news. Nor does this definition apply to publications or
films which describe and report different cultures and which, from time to time, publish or show
Page 220
photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or
semi-nudity is indigenous to the population.
Specified anatomical areas means less than completely and opaquely covered human genitals,
pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
human male genitals in a discernable turgid state even if completely or opaquely covered.
Specified sexual activities means human genitals in a state of sexual stimulation or arousal, acts of
human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship;
masochism, erotic or sexually oriented torture, beating or the infliction of physical pain in the context of a
sexual relationship; erotic touching, fondling or other such contact with an animal by a human being; or
human excretion, urination, menstruation, vaginal or anal irrigation as a part of or in connection with any
of the activities set forth in the Tupelo Adult Entertainment Licensing Ordinance.
(Ord. of 5-17-94, 2; Ord. of 9-19-00)

Sec. 15-223. - License.
No adult entertainment establishment shall be operated or maintained in the City of Tupelo without
first obtaining a license to operate issued by the City of Tupelo.
(Ord. of 5-17-94, 3)
Sec. 15-224. - Application.
Any person desiring to secure a license shall make application to the department of planning and
community development on a standard application form supplied by the city.
(Ord. of 5-17-94, 4)
Sec. 15-225. - Contents of application.
The contents of the application shall contain the following information and shall be accompanied by
the following documents:
(1) If the applicant is an individual, his legal name, date of birth, Social Security number or taxpayer
identification, mailing and residence address. The applicant shall be at least eighteen (18) years
of age and shall not have been convicted or pleaded nolo contendere to a felony or any crime
involving prostitution, obscenity or other crime of a sexual nature in any jurisdiction within three
(3) years immediately preceding the date of application.
(2) If the applicant is a partnership:
a.
The full and complete name of the partnership;
b.
The legal names, dates of birth, Social Security numbers, mailing and residence address of
all partners, whether the partnership is general or limited; and
c.
If in existence, a copy of the partnership agreement.
All persons having a financial interest in the partnership, joint venture or other type of
organization shall be at least eighteen (18) years of age. No persons having a financial interest
in the partnership, joint venture or other type of organization shall have been convicted of or
pleaded nolo contendere to a felony or any crime involving prostitution, obscenity or other crime
of a sexual nature in any jurisdiction within three (3) years immediately preceding the date of
application.
Page 221
(3) If the applicant is a corporation:

a.
The exact and complete corporate name, the date of incorporation, evidence that the
corporation is in good standing, and tax identification number;
b.
The legal names, dates of birth, Social Security numbers, residence address, the capacity
of all officers, directors, and principal stockholders;
c.
The name of the registered corporate agent and the address of the registered office for
service of process.
All officers, directors and major stockholders (as defined in section 15-222) shall be at least
eighteen (18) years of age. No officer or director or major stockholder shall have been convicted
of or pleaded nolo contendere to a felony or any crime involving prostitution, obscenity or other
crime of a sexual nature in any jurisdiction within three (3) years immediately preceding the date
of the application.
(4) The name, address and telephone number of the adult entertainment establishment to be
operated by the applicant. If the name of the establishment is other than that of the applicant,
the applicant shall state the establishment's legal name and/or trade name.
(5) Whether the applicant previously operated in this or any other county, city or state under an
adult business license or similar business license; whether the applicant has ever had such
license revoked or suspended, the reason therefor, and the business entity or trade name under
which the applicant operated that was subject to the suspension or revocation.
(6) Whether the applicant holds any other adult entertainment licenses and if so, the names and
locations of other licensed establishments.
(7) The location of the proposed establishment including a legal description of the property site and
a legal street address.
(8) The name, address and phone number of the applicant's primary contact person (if not the
applicant).
(9) Whether preceding the date of the application, the applicant or any other individuals listed
pursuant to section 15-225(1), (2), (3) above have ever been convicted of a felony crime
involving prostitution, obscenity, or any other crime of a sexual nature and if so, identify the act
involved, the date of and place of conviction.
(Ord. of 5-17-94, 5)
Sec. 15-226. - Issuance of license.
The department of planning and development shall approve the issuance of a license to an applicant
within thirty (30) days after receipt of an application unless one (1) or more of the following is found to be
true:
(1) An applicant is under eighteen (18) years of age;
(2) An applicant is overdue in his payment to the city for taxes, fines or penalties assessed against
him or imposed upon him in relation to an adult entertainment establishment;
(3) An applicant has failed to provide information reasonably necessary for issuance of the license
or has falsely answered a question or request for information on the application form;
(4) An applicant is residing with a person who has been denied a permit and/or license by the city
to operate an adult entertainment establishment within the preceding twelve (12) months or
residing with a person whose license to operate an adult entertainment establishment has been
revoked within the preceding twelve (12) months;
Page 222
(5) The premises to be used for the adult entertainment establishment have not been approved by
the health department, fire department, building official and planning and development official
as being in compliance with applicable laws and ordinances;
(6) The license fee required by this division has not been paid; or
(7) An application of the proposed establishment is in violation of or is not in compliance with any of
the provisions of this division.
(Ord. of 5-17-94, 6)
Sec. 15-227. - Denial of license.
In the event the applicant has not satisfied the application requirements, the applicant shall be
notified by the department of planning and community development within forty-five (45) days of filing the
application of such fact and the application shall be denied. A detailed list of reasons for denial will
accompany the notice.
(Ord. of 5-17-94, 7)
Sec. 15-228. - License fee.
A license fee of five hundred dollars ($500.00) shall be submitted with the application for a license.
The license fees collected under this division are declared to be regulatory fees which are collected for
the purpose of examination and periodic inspection of adult entertainment businesses by the appropriate
departments. These regulatory fees are in addition to and not in lieu of any taxes or fees imposed by the
City of Tupelo, Lee County or the State of Mississippi. The fee schedule may be revised pursuant to
resolution adopted by the council when necessary to insure that the fees cover the costs of administering
and enforcing this division. The application for renewal should be presented to the department of planning
and development and the appropriate license fee paid.
(Ord. of 5-17-94, 8)
Sec. 15-229. - Display of license.
The license shall be displayed in a conspicuous public place in the adult entertainment
establishment.
(Ord. of 5-17-94, 9)
Sec. 15-230. - Term of license.
All licenses issued under this division shall be annual licenses which shall expire one (1) year from
the date of issuance.
(Ord. of 5-17-94, 10)

Sec. 15-231. - Transfer of license.
A licensee shall not transfer his license to another, nor shall a licensee operate an adult
entertainment business under the authority of a license at any place other than the address designated in
the application.
Page 223
(Ord. of 5-17-94, 11)

Sec. 15-232. - Renewal of license.
(a) Every license issued pursuant to this division will terminate at the expiration of one (1) year from the
date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the
following year. The application for renewal should be presented to the department of planning and
development and the appropriate license fee paid.
(b) A license renewal fee of five hundred dollars ($500.00) shall be submitted with the application for
renewal.
(Ord. of 5-17-94, 12)

Sec. 15-233. - Suspension.
The department of planning and development shall suspend a license for a period not to exceed
thirty (30) days if it determines that the licensee or an employee of a licensee has:
(1) Violated or is not in compliance with any section of this division;
(2) Becomes impaired or intoxicated through the use of alcoholic beverages while on the adult
entertainment establishment premises;
(3) Refuses to allow an inspection of the adult entertainment establishment premises as authorized
by this division;
(4) Knowingly permits gambling by any person on the adult entertainment establishment premises;
(5) Knowingly has given false or misleading information or data on any application or material facts
were omitted from any application;
(6) Has become ineligible to obtain a license.
The department of planning and development shall give the operator at least ten (10) days written
notice of the charges against him and the opportunity for a public hearing before the Tupelo City Council
as provided in section 15-225 of this division.
(Ord. of 5-17-94, 13)

Sec. 15-234. - Revocation.
The department of planning and development shall revoke a license if a cause of suspension in
section 15-223 occurs and the license has been suspended within the preceding twelve (12) months. The
department of planning and development shall also revoke a license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application
process;
(2) A licensee or employee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3) A licensee or employee has knowingly allowed prostitution on the premises;
(4) A licensee or employee has knowingly operated the adult entertainment establishment during a
period of time when the licensee's license was suspended;
(5) A licensee or employee has knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sexual conduct to occur in or on the licensed premises;
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(6) A licensee is delinquent in payment to the city or state for payment of any taxes or fees past
due;
(7) The owner or operator of the licensed establishment knowingly allows a person under eighteen
(18) years of age to enter such establishment; or
(8) There was a change of owner or operator for which a transfer application was not timely filed.
Revocation shall continue for one (1) year, and the licensee shall not be issued an adult
entertainment establishment license for one (1) year from the date revocation becomes effective. If,
subsequent to revocation, the department of planning and development finds that the basis for the
revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90)
days have elapsed since the date the revocation became effective.
(Ord. of 5-17-94, 14)

Sec. 15-235. - Administrative procedure and review.
The applicant, licensee or other aggrieved party may appeal a decision of denial, suspension or
revocation by the department of planning and community development to the city council by filing a notice
of appeal with the city clerk. Following the filing of an appeal, the matter will be set for hearing before the
next city council meeting pursuant to the agenda ordinance of the city council. However, all parties shall
be required to comply with the department of planning and development's decision during the pendency
of the appeal. A decision by the city council is appealable to the circuit court within ten (10) days after the
decision is rendered.
(Ord. of 5-17-94, 15)

(a) The administration of this division is vested in the department of planning and community
development. Several city departments have been delegated responsibility pursuant to the
provisions outlined in this division.
(b) The department of planning and community development, within forty-five (45) days of receiving an
application shall issue, grant, deny, revoke, renew or suspend a proposed adult entertainment
business license in the City of Tupelo. This decision will be based on reports from the departments
identified below that requirements of this article have been met or violated. All department
inspections must be conducted and reports must be submitted to the department of planning and
development within thirty (30) days of receiving the inspection request.
(c) The city building inspector is responsible for inspecting any proposed adult entertainment business
for which a license is being applied or has already been issued in order to ascertain whether it
complies with or is complying with all applicable building codes, statutes, ordinances and regulations
in effect in Tupelo, Mississippi.
(d) The City of Tupelo Fire Department is responsible for the inspection of licensed adult entertainment
premises or any proposed adult entertainment business to ascertain whether it complies with or is
complying with all applicable fire codes, statutes, ordinances and regulations in effect in Tupelo,
Mississippi.
(e) The city code enforcement officer is responsible for ascertaining whether a proposed adult
entertainment business for which a license is being applied complies with all applicable development
code regulations in effect in Tupelo, Mississippi.
(f)
The Lee County Health Department shall inspect she adult entertainment business for compliance
with all ordinances and laws relating to health and sanitation.
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(g) The City of Tupelo Chief of Police shall be responsible for confirming information supplied in the
application. The City of Tupelo Police Department shall have the authority to enter any adult
entertainment establishment at all reasonable times to inspect the premises and enforce the division.
(Ord. of 5-17-94, 16)

Sec. 15-237. - Inspections.
An applicant or licensee shall permit representatives of the department of planning and development,
health department, fire department, building department and police department and/or other city or state
departments or agencies to inspect the premises of an adult entertainment establishment for the purpose
of ensuring compliance with the law at any time it is occupied or open for business.
(Ord. of 5-17-94, 17)

Sec. 15-238. - Signage.
Notwithstanding any other city ordinance, code or regulation to the contrary, it shall be unlawful for
the owner or operator of any adult entertainment establishment or any other person to erect, construct or
maintain any sign for the adult entertainment establishment other than the one (1) primary sign and one
(1) secondary sign as provided herein.
(1) Primary signs shall have no more than two (2) display surfaces. Each such display surface
shall:
a.
Not contain any flashing lights;
b.
Be a flat plane, rectangular in shape;
c.
Not exceed seventy-five (75) square feet in area; and
d.
Not exceed ten (10) feet in height or ten (10) feet in length. Primarily signs shall contain no
photographs, silhouettes, drawings or pictorial representations in any manner and may
contain only the name of the enterprise. Each letter forming a word on a primary sign shall
be of solid color and each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary sign shall be of a
uniform and solid color.
(2) Secondary signs shall have only one (1) display surface. Such display surface shall:
a.
Be a flat plane, rectangular in shape;
b.
Not exceed twenty (20) square feet in area;
c.
Not exceed five (5) feet in height and four (4) feet in width; and
d.
Be affixed or attached to any wall or door of the enterprise.
Secondary signs shall contain no photographs, silhouettes, drawings or pictorial representations

in any manner and may contain only the name of the enterprise. Each letter forming a word on a
secondary sign shall be of solid color and each such letter shall be the same print-type, size and
color. The background behind such lettering on the display surface of a secondary sign shall be
of a uniform and solid color.
(Ord. of 5-17-94, 18)

Sec. 15-239. - Penalties and prosecution.
Page 226
(a) Any person, partnership or corporation who is found to have violated this division shall be fined a
sum not exceeding one thousand dollars ($1,000.00) for each such violation, or by imprisonment in
the Tupelo City Jail not exceeding ninety (90) days or both.
(b) Each violation of this division shall be considered a separate offense and any violation continuing
more than one (1) day shall constitute a separate offense.
(c) A person, partnership or corporation who operates or causes to be operated an adult entertainment
establishment without a valid license or otherwise violates this division is subject to a suit for
injunction as well as prosecution for criminal violations.
(Ord. of 5-17-94, 19)

The City of Tupelo Police Department shall have the authority to enter any adult entertainment
establishment at all reasonable times to inspect the premises and enforce this division.
(Ord. of 5-17-94, 20)

Secs. 15-24115-250. - Reserved.
DIVISION 3. - VISIBILITY OF VIEWING AREAS
Sec. 15-251. - Title.

This division may be referred to as the "Tupelo Open Booth Ordinance."
(Ord. of 5-17-94, 1)
For the purpose of this division, the words and phrases herein shall have the following meanings:
Adult bookstore means a commercial establishment that, as one (1) of its principal business
purposes, offers for sale or lease for any form of consideration, any one (1) or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures,
video cassettes, slides or other visual representations that are characterized by an emphasis
upon the depiction or description of "specified sexual activities" or "specified anatomical areas";
or
sexual activities."
Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance,
display or dance of any type which has as a significant or substantial portion of such performance any
actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified
anatomical areas." Adult entertainment further includes the removal of articles of clothing or appearing
unclothed in any pantomime, modeling session, or any other personal services offered patrons.
Adult entertainment establishments mean any adult arcade, adult bookstore, adult cabaret, adult
motel, adult motion picture theater, adult video store, or similar establishment which regularly features or
Page 227
depicts behavior which is characterized by the exposure of "specified anatomical areas," or where any
employee, operator or owner exposes his/her "specified anatomical areas" for viewing by patrons.
Adult mini-motion picture theater means an enclosed building with a capacity of less than fifty (50)
persons regularly used for presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities or specified anatomical areas," as defined
below, for observation by patrons therein.
Adult motion picture theater means an establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which a
substantial portion of the total presentation time is devoted to the showing of material characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."
Common areas means an adjacent public room or rooms, so that the area inside a booth is visible to
persons in the adjacent public room. "Common areas" shall not be construed to mean a hallway or
passageway.
Council means the City Council of the City of Tupelo, Mississippi.
Employee means any and all persons, including independent contractors, who work in or at or render
any services directly related to the operation of an adult-oriented establishment.
Entertainer means any person who provides adult entertainment within an adult-oriented
establishment.
Footcandle means a unit of illuminance on a surface that is everywhere one (1) foot from a uniform
point source of light of one (1) candle and equal to one (1) lumen per square foot.
Minor means a person under the age of eighteen (18) years.
Operator means any person, partnership or corporation operating, conducting or maintaining an
adult-oriented establishment.
Sexual activities, as used in this division, is not intended to include any medical publications or films
or bona fide educational publication or films, nor does it include any art or photography publications which
devote at least twenty-five (25) percent of the lineage of each issue to articles and advertisements dealing
with subjects of art or photography. Nor does this definition apply to any news periodical which reports or
describes current events and which, from time to time, publishes photographs of nude or semi-nude
persons in connection with the dissemination of the news. Nor does this definition apply to publications or
films which describe and report different cultures and which, from time to time, publish or show
photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or
semi-nudity is indigenous to the population.
Specified anatomical areas means less than completely and opaquely covered human genitals,
pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
human male genitals in a discernable turgid state even if completely or opaquely covered.
Specified sexual activities means human genitals in a state of sexual stimulation or arousal, acts of
human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship;
masochism, erotic or sexually oriented torture, beating or the infliction of physical pain in the context of a
sexual relationship; erotic touching, fondling or other such contact with an animal by a human being; or
human excretion, urination, menstruation, vaginal or anal irrigation as a part of or in connection with any
of the activities set forth in the Tupelo Open Booth Ordinance.
(Ord. of 5-17-94, 2)
Sec. 15-253. - Requirements.
Page 228
(a) No operator or employee of an adult-oriented establishment shall allow or permit any minor to loiter
in any part of such establishment, including parking lots immediately adjacent to such establishment
used by patrons of such adult-oriented establishment.
(b) Every adult-oriented establishment licensed to do business in the City of Tupelo shall be well lighted
at all times and be physically arranged in such a manner that the entire interior portion of any booths,
cubicles, stalls or rooms wherein adult entertainment is provided, shall be clearly visible from the
common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be
blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. It
shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented
establishments for whatever purpose, but especially for the purpose of providing for the secluded
viewing of adult-oriented motion pictures, or other types of adult entertainment.
(c) Operators of any and all adult-oriented establishments shall be responsible for and shall provide that
any room or other area used for the purpose of viewing adult entertainment shall be well lighted and
readily accessible at all times and shall be continuously open to view in its entirety. The premises
shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to
which patrons are permitted access at an illumination of not less than one (1.0) footcandle as
measured at the floor level. It shall be the duty of the operator and its agents to ensure that the
illumination described above is maintained at all times that any patron is present in the premises.
(d) No apertures or openings of any kind shall be allowed to exist between any two (2) booths, cubicles,
rooms or stalls used for the purpose of viewing adult-oriented motion pictures or other types of adult
entertainment.
(e) No adult-oriented establishment shall contain partitions between subdivisions of a room, portion or
part of a building, structure on premises having an aperture which is designed or constructed to
facilitate sexual activity between persons on either side of the partition.
(f)
Every act or omission by an employee constituting a violation of the provisions of this division shall
be deemed the act or omission of the operator if such act or omission occurs either with the
authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure
to supervise the employee's conduct, and the operator shall be punished for such act as if the
operator committed the act or caused the omission.
(g) An operator shall be responsible for the conduct of all employees while on the licensed premises,
and any act or omission of any employee constituting a violation of the provisions of this division
shall be deemed the act or omission of the operator for the purpose of determining whether the
operator shall be subject to the penalties imposed by this division.
(h) All adult-oriented establishments shall be open to inspection at all reasonable times by the City of
Tupelo Police Department or such other persons as the council may designate.
(Ord. of 5-17-94, 3)
(a) Any person, partnership or corporation who is found to have violated this division shall be fined a
sum not exceeding one thousand dollars ($1,000.00) for each such violation, or by imprisonment in
the Tupelo City Jail not exceeding ninety (90) days or both.
(b) Each violation of this division shall be considered a separate offense and any violation continuing
more than one (1) hour of time shall constitute a separate offense for each hour of violation.
(Ord. of 5-17-94, 4)
Secs. 15-25515-270. - Reserved.
Page 229
ARTICLE XI. - NIGHTCLUBS AND NIGHTCLUB PROMOTERS
FOOTNOTE(S):
--- (6) --Editor's noteAn ordinance adopted March 5, 2013, did not expressly amend the Code and has been
included as art. XI as herein set out at the editor's discretion. Arts. VIII and IX of said ordinance,
pertaining to the repeal of prior ordinances and effective date, have been omitted. The included
provisions have been numbered and lettered to conform to the Code's style.
Sec. 15-271. - Applicability, intent and interpretation.

(a) This article shall apply to all nightclubs as defined in section 15-272, including existing nightclubs as
well as any that make application subsequent to the adoption of the ordinance codified in this article.
This article shall not apply to functions hosted or sponsored by a governmental entity or its agents
acting on behalf of said entity or any charitable organization that has exempt status as established
by the Internal Revenue Service.
(b) The intent of this article is to promote public safety and welfare by regulating nightclub security,
alcohol policies, loitering, littering, noise, overcrowding, parking and other criteria that effect public
safety and welfare.
(c) If any portion of this article is claimed to be ambiguous, the appropriate regulating authority, as
identified in section 15-273, shall render interpretations of the article based on the intent. Any party in
disagreement with the interpretation of a regulating authority may file a written appeal to the
nightclub regulations committee described in section 15-275. Upon receipt of said written appeal, the
nightclub regulations committee shall schedule a meeting with the appellant within thirty (30)
calendar days to hear testimony from both sides and to render a decision as outlined in section 15273. The interpretation of the regulating authority shall stand during the appeals process.
(Ord. of 3-5-2013(1), Art. I)

For purposes of this article, the following definitions shall apply:
ABC means the alcoholic beverage commission of the state department of revenue.
Approved means approved by the appropriate regulating authority.
Bring your own bottle/BYOB means permitting alcoholic beverages to be brought into an
establishment for consumption, other than those sold under valid license of the state or permit of the city.
Consume or consumption means ingestion of alcoholic beverages or the possession of any alcoholic
beverages in any type of drinking container or in any bottle, can or other container upon which the seal,
cork or cap has been opened. Consumers are restricted to the inside of the nightclub while consuming or
consumption of alcoholic beverages.
For-profit event means any event other than a nonprofit event.
Nightclub means any establishment, including, but not limited to, lounges, taverns, bars, dance halls,
pool halls, community centers, recreation centers, convention centers, multi-purpose centers, and any
other establishment that serves alcohol and/or beer and provides entertainment activities through any of
the following: amplified music, whether live or programmed, dancing, table games, and/or video games.
The definition also includes restaurant/bar establishments that provide entertainment as described above
Page 230
during any portion of its regular operation. Any other establishment that only occasionally hosts the
above-described activities shall be subject to the provisions of this article while hosting such activities.
Nightclub entertainment promoter means any individual, partnership, corporation, or other entity or
agent promoting any venue, performing artists, advertising services, or similar activities by contracting
with a nightclub not owned and operated by the promoter.
Nightclub owner means the person(s) whose name(s) appear as the applicant(s) on the privilege
license on file with the city. In cases where establishments are exempt from privilege license
requirements, such as nonprofit organizations, said establishments must file a statement with the
development services department of the city prior to obtaining a permit. This statement shall declare the
names, physical addresses and phone numbers of the organizations officers or other responsible parties
that will be regarded as the nightclub owners.
Nightclub regulations committee means committee designated by the city to administer certain
sections of this article as provided in section 15-276.
Nonprofit event means any event designed and intended to produce profits for the benefit of and/or
subsequent disbursement by organizations which are tax exempt under federal tax laws and Internal
Revenue Service regulations.
Nuisance concerns means any violation of the standards in section 15-274 which are not public
safety concerns.
Overcrowding means as provided in Section 202 of the 2006 Edition of the International Fire Code:
"A condition that exists when either there are more people in a building, structure, or portion thereof than
have been authorized or posted by the fire code official, or when the fire code official determines that a
threat exists to the safety of the occupants due to persons sitting and/or standing in locations that may
obstruct or impede the use of aisles, passages, corridors, stairways, exits, or other components of the
means of egress."
Public safety concerns means one (1) or more acts of violence resulting in physical injury or
observed illegal drug activity occurring within a nightclub or outside the nightclub on property or parking
areas owned, leased or operated by the nightclub.
Regulating authority means the official, officer or entity charged with regulating the provisions of this
article, including, but not limited to, the police chief or his/her designee, the fire chief or his/her designee,
building official and the development services code administrator.
Safe operation means a period of at least ninety (90) days during which the county E911 office has
recorded no calls for service reporting criminal activity or public safety concerns other than those selfreported by the nightclub management.
(Ord. of 3-5-2013(1), Art. II)

Sec. 15-273. - Nightclub and nightclub entertainment promoter permits.
(a) Permit required. A building, part of a building, or outdoor location may be occupied and used as a
nightclub, either on a regular basis or as a one (1) time event, only when a permit for such use has
been issued and is in effect under the provisions of this section.
(1) A building, part of a building, or outdoor location may be occupied and used as a nightclub by a
person, entity or organization other than the building owner or full-time lessee only when a
nightclub entertainment promoter permit has been issued and is in effect under the provisions of
this section.
(2) Compliance with physical requirements of the facilities shall be the responsibility of the owner.
Compliance with operating requirements shall be the responsibility of the owner unless a valid
nightclub entertainment promoter permit has been issued, in which case the promoter and
owner shall jointly be responsible for compliance.
Page 231
(b) Permit application and issuance. Nightclub and nightclub entertainment promoter permit applications
may be obtained from the development services department. Upon the submission of a completed
application and an annual permit fee of twenty-five dollars ($25.00), the application shall be
forwarded to the police department. The chief of police or his designee shall review these materials,
any incidents occurring at the nightclub within the preceding twelve (12) months, the nightclub's past
compliance with section 15-274 of this article, and the nightclub's historical record (if any) and submit
his recommendations to the development services department.
The development services department shall issue permits recommended by the police department,
subject to the facility meeting all occupancy requirements of the city's adopted building and life safety
codes.
(c) Permit validity. Nightclub and nightclub entertainment promoter permits shall be valid for a period of
one (1) year unless suspended or revoked for failure to comply with provisions of section 15-274. If
the permit is revoked, the permit holder forfeits the annual permit fee for that year.
(d) Renewal.
(1) Nightclub and nightclub entertainment promoter permits may be renewed upon submission of
an updated application, review of past compliance with this section's provisions, and payment of
the applicable fee.
(2) A permit renewal application by a nightclub may be awarded after a review of the past years
performance, the consideration by chief of police or his designee should include, but not be
limited to, "safe operation," past nightclub permit revocations and suspensions, violations of
ABC regulations by the applicant and any prior permittees affiliated or associated with the
applicant, evidence of illegal drug activity on or about the permitted premises, and evidence of
fighting, disorderly conduct and other dangerous activities on or about the permitted premises.
(3) Violations of this article on the premises during events conducted by persons, entities or
organizations other than the owner, whether permitted under this article or not, may be grounds
for non-renewal of nightclub permit.
(4) If the development services department finds that the applicant has not submitted a complete
application or has not submitted the appropriate fee, or if the chief of police or his designee
finds that the applicant has not complied with this section, the development services department
shall decline to issue the permit. The annual permit fee shall be returned to the applicant along
with a letter stating the reason(s) for the denial.
(e) Suspension or revocation. The development services office may temporarily suspend a nightclub's or
a nightclub entertainment promoter's permit for a violation of one (1) or more of the provisions of this
article.
(1) If a nightclub or nightclub entertainment promoter's permit is suspended or revoked, no
entertainment activities including amplified music, whether live or programmed, dancing, table
games or video games may be conducted on the premises. If any such entertainment activities
occur during a period of suspension or revocation, the privilege license and certificate of
occupancy shall be revoked. Such suspension or revocation does not otherwise affect the
nightclub's sale, purchase, transportation, possession, consumption, or other use of alcoholic
beverages or food service during suspension or revocation.
(2) The development services department may permanently revoke a nightclub or nightclub
entertainment promoter permit for two (2) or more violations of the provisions of this article in a
twelve (12) month period, or for three (3) or more total violations of the provisions of this article.
Such permanent revocation shall also result in revocation of privilege license and certificate of
occupancy.
(3) Such suspension or revocation shall be held in abeyance for a period of three (3) business days
to permit the nightclub's owner, agent, or manager, etc., to appeal the suspension or revocation.
Page 232
(4) Notification of suspension or revocation shall be by certified mail, hand delivery, or by leaving
notification at the nightclub.
(5) A nightclub's permit shall not be suspended or revoked for a violation of section 15-274 which is
not a public safety concern unless the violation is found to have continued or recurred after the
nightclub has received notice of the violation and an opportunity to remedy or prevent the
violation's recurrence.
(f)
Emergency temporary suspension by police department. The on-duty field supervisor for the police
department may temporarily suspend a nightclub's and/or nightclub entertainment promoter's permit
if the field commander determines that immediate suspension is necessary to restore order, for
failure to comply with section 15-274 security requirements, or for any call of service at the
nightclubs location as follows:
(1) The facility shall be vacated and closed effective immediately upon verbal notification to the
nightclub's owner, manager, agent, or representative and shall be effective for up to twenty-four
(24) hours as needed to restore order or to ensure compliance with security requirements.
(2) The nightclub may reopen thereafter, provided that the situation giving rise to the emergency
temporary suspension of the permit has been addressed effectively as determined by the chief
of police or his designee. The field supervisor shall promptly submit a document outlining the
basis for his decision to suspend the permit(s) to the chief of police or his designee. The chief of
police or his designee shall, within five (5) business days, submit a finding to the development
services office either recommending continuation of the nightclub's or nightclub entertainment
promoter's permit, temporary suspension for a designated period, or revocation. The
development services office shall notify the nightclub or promoter as provided for herein.
(3) Within three (3) business days of receiving notice of denial, suspension or revocation of a
nightclub or nightclub entertainment promoter permit, the permit applicant or holder may appeal
the action by filing a written notice of appeal with the development services department.
(4) The nightclub regulations committee will conduct a hearing as promptly as possible (and within
five (5) business days of receiving the written notice of appeal) to determine whether to:
a.
Reinstate or issue the permit;
b.
Temporarily suspend the permit; or
c.
Permanently revoke the permit.
(5) The permit applicant or holder shall be entitled to appear, testify, and present evidence at the
hearing. However, formal rules of evidence shall not apply and reasonable limitations may be
placed upon total hearing time. Upon request, the hearing shall be recorded. A temporary
suspension may not extend beyond the date on which the permit expires. Any such suspension
or revocation does not otherwise affect the nightclub's sale, purchase, transportation,
possession, consumption, or other use of alcoholic beverages or food service during any
suspension or revocation. Development services shall prepare written findings and conclusions
concerning the appeal decision within five (5) business days of the hearing.
(g) Appeal procedure concerning imposition of supplemental security requirement (section 15-274(p)).
(1) Within ten (10) business days of receiving notice that the nightclub has become subject to the
security requirement, the permit holder may appeal the action by filing a written notice of appeal
with the development services office. Development services will conduct a hearing as promptly
as possible (and within five (5) business days of receiving the written notice of appeal) to
determine whether to:
a.
Continue imposition of the security requirement;
b.
Continue imposition of the security requirement but shorten the requirement's duration; or
c.
Remove the security requirement.
Page 233
(2) The permit applicant or holder shall be entitled to appear, testify, and present evidence at the
hearing. However, formal rules of evidence shall not apply and reasonable limitations may be
placed upon total hearing time. Upon request, the hearing shall be recorded. Development
services shall prepare written findings and conclusions concerning the appeal decision within
five (5) business days of the hearing.
(Ord. of 3-5-2013(1), Art. III)

Sec. 15-274. - Nightclub operating requirements.
(a) Applicability. All policies set forth herein must be adhered to if the posted or actual occupancy of the
establishment is one hundred (100) or more or if there has been more than one (1) call for service to
the establishment within a given thirty (30) day period. Supplemental security requirement
(subsection (p) of this section) shall not apply to establishments with a "safe operation" record, or to
establishments of less than one-hundred (100) occupancy, except when such establishments have
had more than one (1) call for service within a thirty (30) day period.
(b) Nightclub entertainment promoter use. Nightclubs shall not allow any nightclub entertainment
promoter to use, lease or rent the nightclub premises (including any outdoor and/or parking areas)
without verifying that the promoter has a valid nightclub entertainment promoter permit and has
complied with the security staffing requirements.
(c) Location. In addition to the location requirements for nightclubs in the development services code,
nightclubs shall not be located within two thousand five hundred (2,500) feet of any residentially
zoned property. The distance shall be measured in a straight line in any direction from nearest points
on property lines to each other.
(1) This regulation shall not apply to commercial or industrial zoned properties that allow residential
uses.
(2) Legally existing nightclubs that are in violation of the location restrictions at the time of adoption
of the ordinance codified in this article may continue, but if closed for any reason, may not
reopen in the same location.
(d) Hours of operation. Nightclubs operating hours shall be from 9:00 p.m. to 1:00 a.m. At 1:30 a.m. all
customers shall be out of the building and off the property. The owner, management, employees and
band will only be allowed inside the building after 1:30 a.m.
(e) Age restrictions. Anyone entering a nightclub must be at least eighteen (18) years of age. All persons
aged twenty-one (21) and older shall be wearing a non-removable, easily identifiable armband. The
nightclub owner or permitted nightclub entertainment promoter shall be responsible for verifying the
age of all occupants.
(f)
Restaurant/bar establishments. [Restaurant/bar establishments] may apply for an exemption under

the following conditions:
(1) In the case of a restaurant/bar, the owner may submit a dining seating plan for approval by the
nightclub regulations committee. The approved seating plan must be posted in the
establishment along with the occupant load certificate and the tables and chairs must be in
place according to the plan during all hours of restaurant operation.
(2) Patrons under the age of eighteen (18) shall be limited to the restaurant portion of the
establishment, along with common spaces such as rest rooms, and must be dining at the time
of occupancy.
(g) Alcoholic beverages. Nightclubs shall be operated in compliance with chapter 5, article II of this
Code and with the requirements of the state department of revenue if beer or light wine is served.
Nightclubs serving alcoholic beverages other than beer or light wine shall comply with the
requirements of the state department of revenue.
Page 234
(h) Nightclubs holding state or city alcoholic beverage licenses. [Nightclubs holding state or city alcoholic
beverage licenses] are not allowed to operate as "BYOB" establishments.
(i)
Noise. Nightclubs shall operated in compliance with all noise ordinance regulations, sections 19-21
and 19-28 of this Code.
(j)
Weapons and other dangerous items. Nightclub owner(s) shall be responsible to ensure that no
guns, knives, brass knuckles, or other paraphernalia that may be used as weapons are brought into
the nightclub except by security guards duly licensed and authorized to carry said weapons.
(1) Hand wand metal detectors shall be utilized on all persons entering the club.
(2) Pyrotechnics shall be prohibited and nightclub owners are responsible to ensure that no fire
hazardous materials are used in nightclubs.
(k) Overcrowding. Nightclubs shall be operated in compliance with the following provisions of the
adopted International Fire Code:
(1) Overcrowding or admittance of any person beyond the approved capacity of a building or a
portion thereof shall not be allowed.
(2) The fire code official, upon finding any overcrowding conditions or obstructions in aisles,
passageways, or other means of egress, or upon finding any condition which constitutes a life
safety hazard, shall be authorized to cause the event to be stopped until such condition or
obstruction is corrected.
(3) Nightclub owners shall be responsible for maintaining all required exits and exit pathways.
(4) Exits and exit pathways shall not be blocked. Exit doors shall be equipped with appropriate exit
hardware as required by the building code and shall not be locked from the interior.
(5) Nightclub owners or nightclub entertainment promoters shall be responsible for recording the
number of persons admitted to the facility.
(l)
Promotions. Promotions that offer free or reduced prices, such as "two for one" alcohol or beer, shall
be prohibited after 9:00 p.m.
(m) Nuisance activity. Nightclub owners or nightclub entertainment promoters shall be responsible for
controlling the following nuisance activities:
(1) Nightclub owners or nightclub entertainment promoters shall be responsible for prohibiting
loitering outside the nightclub and/or at nearby properties by the nightclub's patrons.
(2) Nightclub owners or nightclub entertainment promoters shall remove all litter, vomit, urine and
feces. All litter (as well as vomit, urine and feces) must be removed from parking areas available
to and used by patrons by 7:30 a.m. on the day following the nightclub's operation. Additionally,
litter reasonably attributable to the nightclub and/or its patrons (and any vomit, urine and feces)
must be removed from city streets and sidewalks adjoining the nightclub and from neighboring
properties by 7:30 a.m. on the day following the nightclub's operation.
(3) Nightclub owners or nightclub entertainment promoters shall be responsible for ensuring that
patrons do not create a nuisance to nearby property owners and/or residential areas by littering,
loitering, vandalizing, making loud noise or other activity. Nearby property owners aggrieved by
the activities of a nightclub or its patrons may file a written complaint, fully describing the nature
of the nuisance, with the police department.
(4) The police department shall issue citations to the nightclub owners or nightclub entertainment
promoters citing this article as the violation. Both the nightclub owner or nightclub entertainment
promoter and the complainant shall appear in municipal court to present testimony to the
municipal court judge. The judge shall render a verdict after hearing testimony of both parties. If
found guilty, the nightclub owner or nightclub entertainment promoter shall be subject to fines
and/or imprisonment as required by law for misdemeanor offenses and shall be subject to
suspension or revocation of license as provided for in section 15-273(e) of this article.
Page 235
(5) Any continued violations of littering, loitering, vandalizing, loud noise, fighting, blocking streets,
and any other nuisance violation will be grounds for suspension or revocation of permit.
(n) Parking and parking lots. Provisions of this article shall supersede parking requirements of the
development services code.
(1) Nightclubs shall provide one approved parking space for every two and [one-]half (2)
occupants allowed by the occupant load certificate.
(2) Existing nightclubs in violation of this article at the time of adoption shall comply within one (1)
calendar year from adoption of the ordinance codified in this article. Those nightclubs that do
not comply shall be subject to a reduction in the approved occupant load to two and a half (2)
persons per parking space.
(3) All parking spaces shall be on site with the nightclub unless approval for off-site parking is
obtained from the department of development services as provided in the development code.
Such approval may be revoked for nuisance violations in the off- site parking area.
(4) Parking layouts and parking lots are subject to the provisions of the development services and
other regulations for parking. Parking lots shall be well lit and shall not contain dark spots or
other security risks.
(5) Owners shall ensure that all vehicles are parked only in approved designated parking spaces.
Nothing shall interfere with ingress and egress of emergency vehicles.
(6) Owners shall ensure that patrons and/or employees do not park in the street, in fire lanes or on
surrounding properties unless a written agreement has been obtained from other property
owners and approved by the development services department. Such approval may be revoked
for nuisance violations on other properties.
(7) Parking lot security shall be provided in accordance with subsection (o) of this section.
(o) Security.
(1) Nightclubs and nightclub entertainment promoters shall provide a minimum of one (1) private
security guard for each event at the nightclub, plus a minimum of one (1) private security guard
in each parking lot. At least two (2) private security guards shall remain on site for at least one
(1) hour after the establishment closes to ensure that no loitering, littering or other unlawful
activities occur.
(2) All security services and private security guards shall comply with chapter 22 of this Code. All
private security guards shall wear a visible ID card, which identifies them as being approved
private security guards in accordance with chapter 22 of this Code.
(3) Failure by a security service to report unlawful activity to the city police department shall
constitute sufficient cause for the suspension or revocation of that security service's permit in
accordance with chapter 22 of this Code.
(4) Private security guards shall utilize a hand wand metal detector on all persons entering a
nightclub.
(5) Restaurant/bar establishments may apply for an exemption under the following conditions:
a.
In the case of a restaurant/bar, the owner may submit a dining seating plan for approval by
the nightclub regulations committee.
b.
If approved, the seating plan must be posted in the establishment along with the occupant
load certificate and the tables and chairs must be in place according to the plan during all
hours of restaurant operation.
c.
The establishment may be exempt from the security guard requirement, if approved by the
nightclub regulations committee, during hours of operation primarily as a restaurant.
Page 236
(p) Supplemental security requirements. [Supplemental security requirements] are required in police/fire
has been called to the nightclub one (1) or more calls for service to the establishment within a given
thirty (30) day period. This subsection shall not apply to establishments with a "safe operation"
record.
(1) Security guards. In addition to the minimum two (2) security guards as provided in subsection
(o)(1) of this section, two (2) additional security guards will be required inside the facility and
one (1) in each parking lot for the next one hundred (100) persons or fraction thereof, up to two
hundred (200) persons. For each one hundred (100) persons or fraction thereof above two
hundred (200) persons, three (3) additional security guards will be required inside the facility
and two (2) additional security guards in each parking lot during operating hours.
(2) Security cameras.
a.
Recordable security cameras shall be located inside nightclubs and in parking lots,
including off-site parking that is under lease or where any agreement exists, either oral or
written, for its use, in all areas except those areas that would constitute an invasion of
privacy, such as rest rooms and dressing rooms. At least one (1) security camera shall
monitor every entrance and exit.
b.
Cameras and recordings shall be maintained in good working order. The nightclub owner
shall maintain the recordings in good order for no less than forty-five (45) calendar days
from the date of recording.
c.
The cameras and the recordings shall be made available for inspection by the police and/
or the fire departments. If the police or fire department determines that additional cameras
are needed, the owner shall install said additional cameras within fourteen (14) calendar
days from the date of notice.
d.
All security cameras are subject to inspection at any time by the city.
(Ord. of 3-5-2013(1), Art. IV)

Sec. 15-275. - Nightclub regulations committee.
(a) There is hereby established a nightclub regulations committee composed of the following members:
(1) Police chief or his/her designee.
(2) Fire chief or his/her designee.
(3) Development services department director or his/her designee.
(4) City attorney.
(5) One member from the city's administrative staff appointed by the mayor.
(b) The committee shall meet on an "as needed" basis. A three-fifths (3/5) majority present at a meeting
shall constitute a quorum. The committee shall elect a president, vice president and secretary. The
president shall preside at meetings. In the absence of the president, the vice president shall preside.
In the absence of the president and vice president, the secretary shall preside. The presiding officer
shall conduct meetings in accordance with Robert's Rules of Order. The committee shall have the
following duties and authority:
(1) To render interpretations of this article when an interpretation of a regulating authority is
challenged as outlined in section 15-271
(2) Authority to suspend or revoke the license, by the procedure described in the paragraph below,
of any nightclub found guilty of any two (2) of the same or separate violations during a twelve
(12) month period of any city, state or federal regulations, including, but not limited to, the
regulations contained in this article, or any three (3) violations total. This authority shall not
affect the authority of any other officer or entity to exercise a legal right to close a nightclub.
Page 237
(3) To make rules for conducting the business of the committee.

(4) To make recommendations to the city development services for amendments to codes and
ordinances regulating nightclubs.
(5) Members of the committee shall report violations to the secretary. The secretary shall keep an
accounting of reported violations and report to the other members of the committee when a
nightclub accumulates three (3) violations. For purposes of this article, a guilty verdict rendered
by any local, state or federal court shall constitute a violation.
(6) Any member of the committee may ask for a meeting of the committee to determine what, if
any, action should be taken relative to a nightclub that has been found guilty of any three (3)
violations.
(7) The committee shall give written notice of a meeting to the subject nightclub owner(s) at least
ten (10) calendar days in advance of the meeting by registered mail sent to the address of the
nightclub. The nightclub owner(s) shall have the right to appear and give testimony at said
meeting.
(8) Action by the committee shall be decided by a majority vote of the members present at said
meeting. The committee shall give written notice of said action to the nightclub owner(s) by
registered mail sent to the address of the nightclub.
(9) The nightclub owner(s) may appeal the decision of the committee by filing a written appeal with
the city council within ten (10) calendar days following the postmark date on the notice from the
committee.
(10) Any decision at the City Council can be appealed pursuant to the provisions of MCA 1972, 1151-75.
(11) Members of the committee shall not be held personally liable, either individually or as a group,
for any action taken by the committee while acting in good faith on behalf of the city.
(Ord. of 3-5-2013(1), Art. V)

(a) A violation of any provision of this article shall be a misdemeanor. Unless otherwise provided for in
this article, each violation shall subject the defendant to a mandatory minimum fine of not less than
five hundred dollars ($500.00), and/or not more than ninety (90) days in jail, or both.
(b) Violations resulting from overcrowding shall be charged as violations under the adopted Building or
Life Safety Code for the number of each person over the occupant load limit and shall subject the
defendant to the mandatory minimum fine for each individual violation specified in the applicable
code.
(c) Each day that a violation exists shall constitute a separate misdemeanor and shall be subject to
separate penalties for every day that the violation continues.
(d) If any court rules that any violation is considered a felony, said ruling shall supersede the penalties
provided for in this article.
(Ord. of 3-5-2013(1), Art. VI)

Sec. 15-277. - Article provisions.
(a) The omission of any specific requirement or provision from this article shall not be interpreted as
permitting any variation from the general meaning and intent of the article as commonly inferred or
Page 238
interpreted and should occasion arise as to such intent or meaning, the interpretation of the
governing authorities shall hold.
(b) Should any section or provision of this article be declared by the courts to be unconstitutional or
invalid, such declaration shall not affect the validity of the article as a whole, or any part thereof,
other than the part so held to be unconstitutional or invalid.
(c) Whenever any requirements of this article are in conflict with the provisions of any other legally
adopted rules or regulations, the most restrictive law or requirement shall govern.
(Ord. of 3-5-2013(1), Art. VII)

Chapter 16 - MOBILE HOMES AND MOBILE HOME PARKS
FOOTNOTE(S):
--- (1) --Cross reference Buildings and building regulations, Ch. 7; fire prevention and protection, Ch. 10; flood
damage prevention and control, Ch. 11; garbage, trash and refuse, Ch. 12; health and sanitation, Ch. 13;
parks and recreation, Ch. 20; planning, Ch. 21; streets, sidewalks and public places, Ch. 24; utilities, Ch.
26; subdivision regulations, App. A; zoning regulations, App. B.

As used in this chapter, the following terms shall have the meanings indicated, unless the same
would be inconsistent with the manifest intent of the mayor and board of aldermen:
Licenseemeans any person licensed to operate and maintain a mobile home park under the
provisions of this chapter.
Mobile home means any vehicle or similar portable structure so designed or constructed as to permit
occupancy for dwelling or sleeping purposes, by whatsoever name it is colloquially or commercially
known; regardless of whether or not its wheels are removed and the structure is fixed to a permanent
foundation.
Mobile home park means any lot or plot of ground upon which two (2) or more mobile homes
occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for
such accommodation.
Mobile home space means a plot of ground within a mobile home park designed for the
accommodation of one (1) mobile home.
Naturalor artificial barrier means any river, pond, canal, railroad, levee, embankment, fence or
hedge.
Permittee means any person to whom a temporary permit is issued to maintain or operate a mobile
home park under the provisions of this chapter.
(Ord. of 9-7-65, 1)
Page 239

It shall be unlawful for any person to maintain or operate a mobile home park within the city limits
unless such person shall first obtain a license therefor.
(Ord. of 9-7-65, 2(a))

State Law reference Municipal authority to regulate factory manufactured movable homes,
MCA 1972, 17-1-39.
Sec. 16-3. - SameFee.
The annual license fee for each mobile home park shall be in accordance with MCA 1972 27-17381(2).
(Ord. of 9-7-65, 3)
Sec. 16-4. - SameApplications.
(a) For initial license. Application for an initial mobile home park license shall be filed with and issued by
the board of aldermen. The application shall be in writing, signed by the applicant and shall include
the following:
(1) The name of and address of the applicant;
(2) The location and legal description of the mobile home park;
(3) A complete plan of the park in conformity with the requirements of section 16-7 of this
ordinance;
(4) Plans and specifications of all buildings, improvements and facilities constructed or to be
constructed within the mobile home park;
(5) Such other information as may be requested by the board of aldermen to enable it to determine
if the proposed park will comply with legal requirements.
(b) For renewal license. Upon application in writing by a licensee for renewal of a license issued under
this chapter and upon payment of the annual license fee, the board of aldermen shall issue a
certificate renewing such license for another year.
(c) For transfer of license. Upon application in writing for transfer of a license and payment of the
transfer fee, the board of aldermen shall issue a transfer if the application is found to be in
compliance with this chapter.
(Ord. of 9-7-65, 4)
Sec. 16-5. - SameRevocation.
The board of aldermen may revoke any license to maintain and operate a mobile home park when
the licensee has been found guilty by a court of competent jurisdiction of violating any provisions of this
chapter. After such conviction, the license may be reissued if the circumstances leading to conviction
have been remedied and the park is being maintained and operated in full compliance with law.
Page 240
(Ord. of 9-7-65, 15)

Sec. 16-6. - Location of parks.
Each boundary of the park must be at least two hundred (200) feet from any permanent residential
building located outside the park, unless separated therefrom by a natural or artificial barrier.
(Ord. of 9-7-65, 5)
Sec. 16-7. - Park plan.
Each mobile home park shall conform to the following requirements:
(1) The park shall be located on a well-drained site, properly graded to ensure rapid, drainage and
freedom from stagnant pools of water.
(2) Mobile home spaces shall be provided consisting of a minimum of seven thousand (7,000)
square feet for each space which shall be at least seventy (70) feet wide and clearly defined;
provided, however, that, mobile home parks in existence on the effective date of the ordinance
of September 7, 1965 which provided mobile home spaces having a width or area less than that
hereinabove prescribed may continue to operate with spaces of the existing width and area, but
in no event shall any mobile home space be less than twenty-five (25) feet wide and have an
area of less than one thousand (1,000) square feet.
(3) Mobile homes shall be so harbored on each space that there shall be at least a twenty-foot
clearance between mobile homes. No mobile home shall be located closer than ten (10) feet
from any building within the park or from any property line bounding the park.
(4) All mobile home spaces shall abut upon a driveway of not less than forty (40) feet in width,
which shall have unobstructed access to a public street, alley or highway.
(5) All driveways and walkways within the park shall be hard surfaced and lighted at night with
electric lamps of not less than seventy-five (75) watts each, spaced at intervals of not more than
one hundred (100) feet.
(6) An electrical outlet supplying at least one hundred ten (110) volts shall be provided for each
mobile home space.
(Ord. of 9-7-65, 6)
Sec. 16-8. - Park water supply.
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to
all buildings and mobile home spaces within a mobile home park to meet the requirements of the park.
Each mobile home space shall be provided with a cold water tap at least four (4) inches above the
ground.
(Ord. of 9-7-65, 7)
Sec. 16-9. - Sewage and refuse disposal.
(a) Waste from showers, bathtubs, flush toilets, urinals, lavatories, slop sinks and laundries in service
and other buildings within a mobile home park shall be discharged into a public sewer system in
compliance with applicable ordinances.
Page 241
(b) Each mobile home space shall be provided with a trapped sewer at least four (4) inches in diameter.
The trapped sewer in each space shall be connected to discharge the mobile home waste into a
public sewer system in compliance with applicable ordinances.
(Ord. of 9-7-65, 8)
Cross reference Sewers and sewage disposal, 26-21 et seq.
Sec. 16-10. - Garbage receptacles.
Metal garbage cans with tight-fitting covers shall be provided in quantities adequate to permit
disposal of all garbage and rubbish.
(Ord. of 9-7-65, 9)
Cross reference Garbage, trash and refuse, Ch. 12
Sec. 16-11. - Fire protection.
Every mobile home park shall be equipped at all times with fire extinguishing equipment in good
working order, of such type, size and number and so located within the park as to satisfy applicable
reasonable regulations of the fire department. No open fires shall be permitted at any place which may
endanger life or property. No fires shall be left unattended at any time.
(Ord. of 9-7-65, 10)

Cross reference Fire prevention and protection, Ch. 10
Sec. 16-12. - Animals.
No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or
commit any nuisance within the limits of any mobile home park.
(Ord. of 9-7-65, 11)

Cross reference Animals and fowl, Ch. 6
Sec. 16-13. - Register of park occupants.
(a) It shall be the duty of each licensee under this chapter to keep a register containing a record of all
mobile home owners and occupants located within the mobile home park. The register shall contain
the following information:
(1) The name and address of each mobile home occupant;
(2) The name and address, occupation and place of employment of the owner of each mobile home
and motor vehicle by which it is towed;
(3) The make, model, year and license number of each mobile home and motor vehicle;
(4) The state, territory or country issuing such licenses;
Page 242
(b) The park shall keep the register available for inspection at all times by law enforcement officers,
public health officials and other officials whose duties necessitate acquisition of the information
contained in the register. The register record for each occupant registered shall not be destroyed for
a period of three (3) years following the date of departure of the registrant from the park.
(Ord. of 9-7-65, 12)

Sec. 16-14. - Deposit of owners for ad valorem tax.
All mobile home owners shall deposit a sum in such amount as established by the mayor and board
of aldermen from time to time with the city tax collector by January 15th of each year that this chapter is in
effect or produce evidence of payment of ad valorem tax on such trailer; all mobile home owners who
move into the city shall within fourteen (14) days after arrival deposit such sum with the city tax collector.
Upon moving such mobile home from the city, the owner will be entitled to a pro rata refund on such
deposit.
(Ord. of 9-7-65, 13)

Sec. 16-15. - Supervision of park.
The licensee under this chapter, or a duly authorized attendant or caretaker, shall be in charge at all
times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition.
The attendant or caretaker shall be answerable with the licensee, for the violation of any provision of this
chapter to which the licensee is subject.
(Ord. of 9-7-65, 14)

Chapter 17 - MOTOR VEHICLES AND TRAFFIC
FOOTNOTE(S):
--- (1) --Cross reference Operation of vehicles at airport, 4-61 et seq.; use of motor vehicles on park property
restricted, 20-1
State Law reference Authority of municipalities to adopt traffic regulations not in conflict with state law,
MCA 1972, 63-3-209; powers of municipalities specified, MCA 1972, 63-3-211.

In the interpretation of this chapter and all other ordinances relating to the use and the regulations of
traffic or public travel on the streets of the city, the following words and phrases, unless the context shows
another sense to be intended, shall be held to have the meaning hereinafter stated:
Authorized emergency vehicle means every vehicle of the fire department (fire patrol), every police
vehicle, and every such ambulance and emergency vehicle of municipal departments or public service
corporations as is designated or authorized by the commission or the chief of police of an incorporated
city.
Page 243
State Law reference Similar provisions, MCA 1972, 63-3-103(d).

Crosswalk means:
(1) That portion of a street ordinarily included within the prolongation or connection of the lateral
lines of sidewalks at intersections.
(2) Any portion of a street distinctly indicated for pedestrian crossings by lines or other markings on
the surface.

Curb means the lateral boundary of a street used for vehicles, whether marked by curbstones or not
so marked.
Driver means every person who drives or is in actual physical control of a vehicle.
Horse shall include any draft animal or beast of burden.
Intersection means the area embraced within the prolongation or connection of the lateral curblines,
or, if none, then the lateral boundary lines of the two (2) streets which join one (1) another at or
approximately at, right angles, or the area within which vehicles traveling upon different streets adjoining
at any other angle may come in conflict.

Motorcycle means every motor vehicle having a saddle for the use of the rider and designated to
travel on not more than three (3) wheels in contact with the ground but excluding a tractor.
State Law reference Similar provisions, MCA 1972, 63-3-103(c).

Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by
electric power obtained from overhead trolley wires, but not operated upon rails.
State Law reference Similar provisions, MCA 1972, 63-3-103(b).

Official traffic-control devices means all signs, signals, markings and devices not inconsistent with
this chapter lawfully place or erected for the purpose of regulating, warning or guiding traffic.
State Law reference Similar provisions, MCA 1972, 63-3-133(a).

Parked shall apply to vehicles left standing by the owner or driver thereof for a time longer than is
necessary to take on or discharge passengers or freight.
Pedestrians means any person afoot.
State Law reference Similar provisions, MCA 1972, 63-3-121(d).

Safety zone means the area or space officially set apart within a street for the exclusive use of
pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible
at all times while set apart as a safety zone.
Page 244
School bus means every motor vehicle operated for the transportation of children to or from any
school, provided same is plainly marked "School Bus" on the front and rear thereof and meets the
requirements of the state board of education as authorized under MCA 1972, 37-41-1.
State Law reference Similar provisions, MCA 1972, 63-3-103(e).

Street or highway means the entire width between property lines of every way or place of whatever
nature when any part thereof is open to the use of the public, as a matter of right, for purposes of
vehicular traffic.

Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances either singly
or together while using any street for purposes of travel.

Traffic officer shall apply to any person designated by the mayor and board of aldermen or the chief
of police to direct or control the traffic upon the streets of the city, or any member of the police
department.
Vehicle means every device in, upon or by which any person or property is or may be transported or
drawn upon a street, except devices used exclusively upon stationary rails or tracks.

Sec. 17-2. - Traffic committee; regulation of traffic generally.
(a) There shall be and hereby is created a traffic committee, appointed by and serving at the pleasure of
the mayor and board of aldermen, and consisting of, at a minimum, one (1) representative of the
following departments: Police, public works, planning and community development, personnel, water
and light, and such other members as deemed necessary by the mayor and board of aldermen.
(b) The traffic committee, except as otherwise directed by this chapter, and, except as otherwise
directed from time to time by the mayor and board of aldermen, shall make recommendations to the
mayor and board of aldermen with respect to the operation and parking of vehicles within the city by
the erection or placing of signs, signals, markers, markings and other traffic-control devices at such
places in the city and at such times as they deem most expedient for the regulation of traffic on the
streets and public ways of the city which would be in the best interest of the safety and welfare of the
city; provided, however, no such signs, signals, markers, markings or devices shall be in conflict with
this Code or any ordinance of the city.
(c) The traffic committee's powers to make recommendations shall not be limited by, but shall include
the following:
(1) Designation of areas where parking is prohibited or limited.
(2) Designation of one-way streets, through streets, stop streets, play streets, school zones,
hospital zones, quiet zones, crosswalks, and safety zones.
(3) Installation and proper timing and maintenance of traffic-control devices.
(4) Marking off of traffic lanes indicating the flow of traffic.
(5) Closing of streets to vehicular or pedestrian traffic for a temporary period of time.
Page 245
(6) Regulation of traffic during emergencies notwithstanding other regulations.

(7) Designation of bus stops and taxi stands.
(d) The existence of such signs, signals, markers or markings at any place within the corporate limits of
the city shall be prima facie evidence that such signs or markers were erected or placed by and at
the direction of the chief of police and in accordance with the provisions of this section.
(e) Any person failing or refusing to comply with the directions indicated on any sign or marker erected
or placed in accordance with the provisions of this section when so placed or erected shall be guilty
of a misdemeanor and punished as provided in section 1-8 of this Code.
Sec. 17-3. - Duty to watch for, obey signs, signals, policemen.

Every driver of any vehicle shall keep a vigilant watch for all traffic signs and signals. Every such
driver shall also promptly obey all traffic signs and signals, including directions given by a traffic officer or
by any device in use by the city for the purpose of controlling and directing traffic on the streets.
Sec. 17-4. - Meaning of traffic-control signals.

Whenever traffic is controlled by traffic-control signals exhibiting the words "go," "caution," or "stop,"
or exhibiting different-colored lights successively one (1) at a time, only the following colors shall be used
and such terms and lights shall indicate as follows:
(1) Green alone or "go."
a.
Vehicular traffic facing the signal may proceed straight through or turn right or left unless a
sign at such place prohibits either such turn. But vehicular traffic shall yield the right-of-way
to other vehicles and to pedestrians lawfully within the intersection at the time such signal
is exhibited.
b.
Pedestrians facing the signal may proceed across the roadway within any marked or
unmarked crosswalk.
(2) Yellow alone or "caution" when shown following the green or "go" signal.
a.
Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the
intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously
through the intersection.
b.
Pedestrians facing such signal are thereby advised that there is sufficient time to cross the
roadway, and any pedestrian then starting to cross shall yield the right-of-way to all
vehicles.
(3) Red alone or "stop."

a.
Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an
intersection or at such other point as may be indicated by a clearly visible line and shall
remain standing until green or "Go" is shown alone; provided, however, vehicular traffic
may, after coming to a full stop at intersections not posted with a sign stating "No Right
Turn on Red," make a right turn if same can be done in safety, yielding to pedestrian traffic.
b.
No pedestrian facing such signal shall enter the roadway unless he can do so safely and
without interfering with any vehicular traffic.
(4) Red with green arrow.

a.
Vehicular traffic facing such signal may cautiously enter the intersection only to make
movement indicated by such arrow but shall not interfere with other traffic or endanger
pedestrians lawfully within a crosswalk.
b.
No pedestrian facing such signal shall enter the roadway unless he can do so safely and
without interfering with any vehicular traffic.
Page 246

Sec. 17-5. - Interference with official traffic-control devices or railroad signs or signals prohibited.
(a) No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or
remove any official traffic-control device or any railroad sign or signal, or any inscription, shield or
insignia thereon, or any other part thereof.
(b) No person shall mark any parking space, motorbus stop or reserved parking space on any street, nor
deface or disfigure any such that may be marked by or under the direction of the chief of police; nor
shall any person display any parking sign or "no parking" sign except as may be authorized by the
chief of police; nor shall any person in the downtown section, or on any street within two (2) blocks
outside thereof, place or display any sign or advertisement on the sidewalk.
(c) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign,
signal, marking or device which purports to be or is an imitation of or resembles an official trafficcontrol device or railroad sign or signal, or which attempts to direct the movement of traffic, or which
hides from view or interferes with the effectiveness of any official traffic-control device or any railroad
sign or signal. No person shall place or maintain and no public authority shall permit upon any
highway any traffic sign or signal bearing thereon any commercial advertising, or any billboard or
advertising sign of any kind or description, except that motorist services business signs and supports
which are authorized by the state highway commission pursuant to MCA 1972 65-1-8 may be
placed and maintained within state highway rights-of-way. This shall not be deemed to prohibit the
erection upon private property adjacent to highways of signs giving useful directional information and
of a type that cannot be mistaken for official signs provided that such signs are not erected closer
than fifty (50) feet to the centerline of state highways.
(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the
authority having jurisdiction over the highway is hereby empowered to remove the same or cause it
to be removed after ten (10) days' notice to the owner thereof by registered letter or otherwise.
State Law reference Similar provisions, MCA 1972, 63-3-317, 63-3-319.

Sec. 17-6. - Types of signs, signals to be used.
The traffic signs and signals to be marked and displayed for directing and controlling traffic shall
consist of the following:
(1) Crosswalks, parking spaces, motorbus stops to be indicated by white or yellow lines drawn on
the pavement of the street.
(2) Parking signs, "no parking" signs, boulevard stop signs, dangerous crossing signs, motorbus
stop signs, speed limit signs and "quiet zone" signs to be stenciled on boards and displayed
near the curb along the side of the streets and avenues.
(3) The electric traffic signal system located at the street intersections with different-colored lights
and directions stenciled thereon directing the movement of traffic or pedestrians, and stop and
go signals at railroad crossings.
State Law reference Requirement that traffic-control devices conform to state specifications,
MCA 1972, 63-3-305.
Sec. 17-7. - Unnecessary noises prohibited; quiet zones established.
Page 247
(a) It shall be unlawful to make, with any horn or other device used in connection with any motor vehicle,
any unusual or unnecessarily loud noise, or to permit any motor vehicle to be operated along the
street with the muffler or exhaust horns open.
(b) It shall be unlawful for any person to ring any bell, sound any horn, race any motor of any motorcar,
operate any motor car with the muffler open, or to make any other loud or unnecessary noise while
passing, or near to, any hospital, sanitarium, school during school hours, or church while services
are being held therein, or while passing or near to any public speaking or place of public
entertainment in any part of the city. Signs shall be posted near all hospitals, sanitariums, schools
and churches to notify the public of the existence of such quiet zones.
State Law reference Mufflers required, cutouts prohibited, MCA 1972, 63-7-55.
Sec. 17-8. - Duties of driver involved in accident.
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall
immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall
then forthwith return to and in every event shall remain at the scene of the accident until he has
fulfilled the requirements of paragraph (c) of this section. Every such stop shall be made without
obstructing traffic more than is necessary.
(b) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven
or attended by any person shall immediately stop such vehicle at the scene of such accident or as
close thereto as possible but shall forthwith return to and in every event shall remain at the scene of
such accident until he has fulfilled the requirements of paragraph (c) of this section. Every such stop
shall be made without obstructing traffic more than is necessary.
(c) The driver of any vehicle involved in an accident resulting in injury to or death of any person or
damage to any vehicle which is driven or attended by any person shall give his name, address and
the registration number of the vehicle he is driving and shall, upon request and if available, exhibit
his operator's or chauffeur's license to the person struck or the driver or occupant of or person
attending any vehicle collided with. Such driver shall render to any person injured in such accident
reasonable assistance, including the carrying, or the making of arrangements for the carrying, of
such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that
such treatment is necessary or if such carrying is requested by the injured person. No such driver
who, in good faith and in the exercise of reasonable care, renders emergency care to any injured
person at the scene of accident or in transporting such injured person to a point where medical
assistance can be reasonably expected, shall be liable for any civil damages to such injured person
as a result of any acts committed in good faith and in the exercise of reasonable care or omission in
good faith and in the exercise of reasonable care by such driver in rendering the emergency care to
such injured person.
(d) The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop
and shall then and there either locate and notify the operator or owner of such vehicle of the name
and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a
conspicuous place in the vehicle struck a written notice giving the name and address of the driver
and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
However, the provisions herein shall not apply where no material damage is done and where the
owner of the unattended vehicle was guilty of negligence in leaving such vehicle parked as the same
was when so struck.
(e) The driver of any vehicle involved in an accident resulting only in damages to fixtures legally upon or
adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge
of such property of such fact and of his name and address and of the registration number of the
vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's
license and shall make report of such accident when and as required in MCA 1972, 63-3-411.
Page 248
State Law reference Similar provisions, MCA 1972, 63-3-40163-3-409.

Sec. 17-9. - Jumping on, off moving vehicles; hanging onto; riding on outside.
(a) It shall be unlawful for any person to jump on or off, or to hang on, any automobile, or other motor
vehicle while in motion on the streets of the city. No person while on roller skates or on a bicycle
shall catch or grasp or hold onto any motor vehicle, or other vehicle which is moving upon the streets
of the city.
(b) It shall be unlawful for any person to stand or ride on the running board of any motor vehicle while in
motion on the streets of the city. No person shall run or operate any motor vehicle while any person
is standing or riding on the steps or running board thereof.
Sec. 17-10. - Following fire apparatus, parking near fire prohibited.

The driver of any vehicle other than one on official business shall not follow any fire apparatus
traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle
within the block where such fire apparatus has stopped in answer to a fire alarm.

Sec. 17-11. - Crossing fire hose prohibited.
It shall be unlawful for any person to drive or cause to be driven any vehicle over or across any
unprotected fire hose of a fire department when laid down on any street or private driveway to be used at
any fire or alarm of fire, without the consent of the department official in command.

Sec. 17-12. - Doors of buses to be closed.
The doors of all motorbuses shall be kept closed except while receiving and discharging passengers.
Sec. 17-13. - Riding on motorcycles, motorbikes, motorscooters.

(a) Passengers. No motorcycle, motorbike or motorscooter shall be used to carry more persons at one
(1) time than the number for which it is designed and equipped.
(b) Headgear required.It shall be unlawful for any person to travel on a motorcycle, motorbike or
motorscooter without wearing protective headgear.
(c) Riding "hands off." It shall be unlawful to ride any motorcycle, motorbike or motorscooter on the
streets of the city with the hands of the driver removed from the handlebars of such vehicle.
Sec. 17-14. - PedestriansWhen using crosswalks or crossing at intersections required.

Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not
cross at any place except in a marked crosswalk.
State Law reference Similar provisions, MCA 1972, 63-3-1105(3).

Sec. 17-15. - SameRight-of-way over vehicles at crosswalks.
(a) Where traffic-control signals are not in place or in operation the driver of a vehicle shall yield the
right-of-way, slowing down or stopping if need be to so yield to a pedestrian crossing the street within
Page 249
any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise
provided in this article.
(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the street, the driver of any other vehicle approaching
from the rear shall not overtake and pass such stopped vehicle.

Sec. 17-16. - SamePersons not crossing at crosswalks shall yield right-of-way.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an
unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian
crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
State Law reference Similar provisions, MCA 1972, 63-3-1105(a), (b).

Sec. 17-17. - SameDrivers to use due care to avoid colliding with pedestrian or person propelling
human-powered vehicle; warning signal.
Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to
avoid colliding with any pedestrian, any person on horseback, any person who is working in or near the
road or right-of-way, any person driving a motorcycle or similar vehicle, and any person operating
equipment other than a motor vehicle, such as a bicycle, scooter, or farm equipment. A driver shall vacate
the lane in which the person is traveling if the road has two (2) or more marked lanes running in the same
direction. If there is only one (1) lane in each direction, the driver shall pass the person and allow a
distance of at least three (3) feet if the vehicle is a passenger car or truck, and a distance of six (6) feet if
the vehicle is a commercial vehicle. A driver may drive to the left side of the center of the roadway to pass
as permitted in section 17-47. A driver shall not maneuver the vehicle in any manner that is intended to
intimidate, harass or threaten a pedestrian or bicyclist.
(Ord. of 11-17-09, 2)
Sec. 17-18. - SameDuty to keep to right on crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

Sec. 17-19. - SameDuties when using sidewalks.
Pedestrians shall keep to the right on all public sidewalks and shall not obstruct the sidewalk by
stopping thereon, except at or near either edge of the walk and not in the middle thereof.

ARTICLE II. - OPERATION
Page 250
Sec. 17-36. - Certain persons prohibited from driving.

It shall be unlawful for any of the following persons to drive motor vehicles in the city:
(1) Any person under the age of fifteen (15) years.
(2) Any person whose license to operate a motor vehicle on the highways of the state has been
previously revoked or suspended and such revocation or suspension period has not expired.
(3) Any person who is a habitual drunkard or who is addicted to the use of other narcotic drugs.
(4) Any person who would not be able by reason of physical or mental disability, in the opinion of
the commissioner of public safety of the state or other person authorized to grant an operator's
license, to operate a motor vehicle on the highways with safety. However, persons who have
one (1) arm or leg or have arms or legs deformed, and have their car provided with mechanical
devices whereby they are able to drive in a safe manner over the highways, if otherwise
qualified, shall be permitted to drive. Moreover, deafness shall not be a bar to driving.
(5) Any person who is under the age of seventeen (17) years while driving any motor vehicle while
in use as a school bus for the transportation of pupils to or from school, or any motor vehicle
while in use as a public or common carrier of persons or property.
(6) Any person who has previously been adjudged to be afflicted and suffering from any mental
disability and who has not at time of application been restored to mental competency.

Sec. 17-37. - Two-wheeled, self-propelled vehicles, operators to wear crash helmets, keep lights on
during operation.
(a) It shall be unlawful for any person to operate or ride upon any two-wheeled, self-propelled vehicle
upon any public street or highway within the city without wearing a crash helmet.
(b) No person shall operate or ride upon any vehicle covered under this section unless such person is
equipped with and wearing on the head a crash helmet of a type and design inspected and approved
by the American Association of Motor Vehicle Administrators.
(c) It shall be unlawful for any person to operate and ride on any two-wheeled, self-propelled vehicle
upon any street or public highway within the city unless the lights, both front and rear, are burning.
This requirement for lights to be on when the vehicle is operated shall apply to both day and night
operation.
(Ord. of 4-2-74, 1, 2)
Sec. 17-38. - Duty to keep vehicle under control.
It shall be the duty of the operator of any vehicle to keep such vehicle under constant control.
Sec. 17-39. - Duty to watch for hazards, avoid accidents.

It shall be the duty of the operator of any vehicle to keep a vigilant watch for all other vehicles,
pedestrians and other traffic hazards and to proceed with care and caution to avoid colliding with other
vehicles, pedestrians or other hazards.
Sec. 17-40. - Racing prohibited.

It shall be unlawful for the driver of any vehicle to engage in or participate in any race or drag race
upon any street.
Page 251
State Law reference Racing on public streets prohibited, MCA 1972, 97-15-13.
Sec. 17-41. - Reckless driving.
Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton
disregard for the safety of persons or property is guilty of reckless driving.
State Law reference Similar provisions, MCA 1972 63-3-1201.

Sec. 17-42. - Duty to keep to right; exceptions.
Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway,
except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules
governing such movement;
(2) When the right half of a roadway is closed to traffic while under construction or repair;
(3) Upon a roadway divided into three (3) or more marked lanes for traffic under the rules
applicable thereon;
(4) Upon a roadway designated and signposted for one-way traffic;
(5) When directed otherwise by a police officer; or
(6) When necessary to avoid an accident.
State Law reference Similar provisions, MCA 1972 63-3-601.

Sec. 17-43. - Slow traffic to keep to right.
All slow-moving traffic, such as drays, trucks, horse-drawn vehicles, and street rollers shall keep as
near the right-hand curb as practicable.
Sec. 17-44. - Driving on roadways laned for traffic.

Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic the
following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be
moved from such lane until the driver has first ascertained that such movement can be made
with safety.
(2) A vehicle shall not be driven in the center lane upon a roadway which is divided into three (3)
lanes except when:
a.
Overtaking and passing another vehicle where the roadway is clearly visible and such
center lane is clear of traffic within a safe distance;
b.
Such vehicle is in preparation for a left turn; or
c.
Such center lane is at the time allocated exclusively to traffic moving in the direction such
vehicle is proceeding and is signposted to give notice of such allocation.
(3) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating
specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the
directions of every such sign.
Page 252
(4) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time
and place and under the conditions then existing shall be driven in the right-hand lane then
available for traffic, or as close as practicable to the right-hand curb or edge of the roadway,
except when overtaking and passing another vehicle proceeding in the same direction or when
preparing for a left turn at an intersection or into a private road or driveway.
(5) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on
paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2)
abreast shall not impede the normal and reasonable movement of traffic and, on laned
roadway, shall ride within a single lane.

Sec. 17-45. - Duties when meeting vehicles.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon
roadways having width for not more than one (1) line of traffic in each direction each driver shall give to
the other at least one-half () of the main traveled portion of the roadway as nearly as possible.

Sec. 17-46. - Following too closely.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and
prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of
the highway.
(b) The driver of any motor truck or motor truck drawing another vehicle when traveling upon a roadway
outside of a business or residence district shall not follow within one hundred and fifty (150) feet of
another motor truck or motor truck drawing another vehicle. The provisions of this subdivision shall
not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially
designated for use by motor trucks.
(c) It shall be unlawful for the driver of any truck or other vehicle to drive in or near the center of any
highway for a distance of more than two hundred (200) yards or at any time refuse to turn to the right
in order that any driver desiring to pass such truck or other vehicle, which may desire to drive at a
higher legal rate of speed.
State Law reference Similar provisions, MCA 1972, 63-3-617, 63-3-619.

Sec. 17-47. - Overtaking, passing regulations.
(a) The following rules shall govern the overtaking and passing of vehicles proceeding in the same
direction subject to those limitations, exceptions and special rules as provided for in the following
paragraphs of this section:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to
the left thereof at a safe distance and shall not again drive to the right side of the roadway until
safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the overtaking vehicle on audible signal and shall not
increase the speed of his vehicle until completely passed by the overtaking vehicle.
(b) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing
another vehicle proceeding in the same direction at an intersection or unless such left side is clearly
Page 253
visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and
passing to be completely made without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must
return to the right-hand side of the roadway before coming within one hundred (100) feet of any
vehicle approaching from the opposite direction.
(c) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left
side of the roadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve in the roadway where the driver's view
along the highway is obstructed.
(2) When approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when
approaching within one hundred (100) feet of or traversing any intersection or railroad grade
crossing.
(3) Where official signs are in place directing that traffic keep to the right, or a distinctive centerline
is marked, which distinctive line also directs traffic is declared in the sign manual adopted by the
state highway commission.
State Law reference Similar provisions, MCA 1972, 63-3-609, 63-3-611; provision
permitting passing on the right in certain circumstances, MCA 1972, 63-3-613.
Sec. 17-48. - Required position and method of turning at intersections.
(a) The driver of a vehicle intending to turn at an intersection shall do so as follows:
(1) Both the approach for a right turn and a right turn shall be made as close as practical to the
right-hand curb or edge of the roadway.
(2) The approach for a left turn shall be made in that portion of the right half of the roadway nearest
the centerline thereof and after entering the intersection the left turn shall be made so as to
leave the intersection to the right of the centerline of the roadway being entered.
(3) Approach for a left turn from a two-way street into a one-way street shall be made in that portion
of the right half of the roadway nearest the centerline thereof and by passing to the right of such
centerline where it enters the intersection. A left turn from a one-way street into a two-way street
shall be made by passing to the right of the centerline of the street being entered upon leaving
the intersection.
(4) Where both streets or roadways are one-way, both the approach for a left turn and a left turn
shall be made as close as practicable to the left-hand curb or edge of the roadway.
(b) The city, in its jurisdiction, may cause markers, buttons, or signs to be placed within or adjacent to
intersections and thereby require and direct that a different course from that specified in this section
be traveled by vehicles turning at an intersection. When markers, buttons, or signs are so placed no
driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such
markers, buttons, or signs.

Sec. 17-49. - Restricted turn intersections.
The chief of police is hereby authorized to determine those intersections at which drivers of vehicles
shall not make a right, left or no turn, and shall place proper signs at such intersections. The making of
such turns may be prohibited between certain hours of any day and permitted at other hours, in which
event the same shall be plainly indicated on the signs or they may be removed when such turns are
permitted.
Page 254
Sec. 17-50. - "U" turns.

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon
any street in the city.
State Law reference "U" turns prohibited on limited-access highways, MCA 1972, 65-519(2).
Sec. 17-51. - Signal required to turn, stop, reduce speed.
(a) No person shall turn a vehicle from a direct course from a roadway unless and until such movement
can be made with reasonable safety and then only after giving an appropriate signal as provided for
in the following section in the event any other vehicle may be affected by such movement.
(b) A signal of intention to turn right or left shall be given continuously for a reasonable distance before
turning.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate
signal as provided for in the following section to the driver of any vehicle immediately to the rear
when there is opportunity to give such signal.

Sec. 17-52. - Method of giving signals to turn, stop, reduce speed.
All signals required by the preceding section shall be given in the following manner:
(1) Left turn. Hand and arm extended horizontally or by the activation of blinking lights on the left
front and rear of the vehicle.
(2) Right turn. Hand and arm extended upward or moved with a sweeping motion from the rear to
the front or by the activation of blinking light on the right front and rear of the vehicle.
(3) Stop or decrease of speed.Hand and arm extended downward.

Sec. 17-53. - Speed limits.
(a) Generally. It shall be unlawful for any person to drive or operate any motor vehicle on the streets of
the city in excess of such rates of speed as established by the mayor and board of aldermen from
time to time upon the recommendation of the traffic committee and as lawfully posted or as may be
unreasonable or unsafe under the circumstances then existing; or, if not posted, at more than thirty
(30) miles per hour in the city.
(b) School zones. Notwithstanding other speed limits herein set out, the speed of vehicles proceeding
through school zones during regular school hours and one-half () hour before school begins and
one-half () hour after school is out shall not exceed fifteen (15) miles per hour.
(c) Applicability. The maximum speed limits herein prescribed shall not apply to vehicles of the police or
fire department or to any ambulance answering any emergency call or transferring an injured person
to a hospital.
State Law reference State speed limits, MCA 1972, 63-3-501; authority of municipalities to
vary, MCA 1972, 63-3-511.
Page 255
Sec. 17-54. - Designation, marking of one-way streets.

Whenever any street, avenue or alley is designated for one (1) direction of traffic only, the police
department shall place and maintain a sign or marker giving notice thereof and no such designation of
any street, avenue of alley shall be effective unless such sign or marker has been so placed. Signs or
markers indicating the direction of lawful traffic movement shall be placed at every intersection where
movement of traffic in the opposite direction is prohibited. The failure to obey any such sign shall be a
violation of this Code.
State Law reference Authority of municipalities to establish one-way streets, MCA 1972,
63-3-211(a)(4).
Sec. 17-55. - Vehicles approaching or entering intersection.
(a) Except as may otherwise be provided in this article, the driver of a vehicle approaching an
intersection shall yield the right-of-way to a vehicle which has entered the intersection from a
different highway.
(b) Except as may otherwise be provided in this article, when two (2) vehicles enter an intersection from
different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to
the vehicle on the right.
(c) The chief of police shall have authority to designate boulevards, on which all vehicles shall have the
right-of-way over vehicles crossing the same.
(d) At all street crossings on boulevards, and at dangerous crossings on all other streets, appropriate
traffic signs shall be maintained by the police department. Vehicles entering or crossing such
boulevards or dangerous crossings shall stop before entering or crossing the same and proceed with
caution. The drivers of vehicles approaching all other street crossings must have the vehicles under
control and approach the same with caution.
(e) The driver of a vehicle shall stop as required by this chapter at the entrance to a through highway
and shall yield the right-of-way to other vehicles which have entered the intersection from such
through highway or which are approaching so closely on such through highway as to constitute an
immediate hazard. However, such driver having so yielded may proceed and the drivers of all other
vehicles approaching the intersection on such through highway shall yield the right-of-way to the
vehicle so proceeding into or across the through highway.
(f)
The driver of a vehicle shall likewise stop in obedience to a stop sign as required by this chapter at
an intersection where a stop sign is erected at one (1) or more entrances thereto although not a part
of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which
are within the intersection or approaching so closely as to constitute an immediate hazard, but may
then proceed.
State Law reference Right-of-way at intersections, MCA 1972, 63-3-801, 63-3-805.

Sec. 17-56. - Stops before emerging from alley, driveway or building.
The driver of a vehicle within a business or residence district emerging from an alley, driveway, or
building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area
extending across any alleyway or private driveway.
State Law reference Stop required when entering street from alley or driveway, MCA 1972,
63-3-1005.
Page 256
Sec. 17-57. - Starting parked vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until such movement
can be made with reasonable safety.

Sec. 17-58. - Backing vehicles.
It shall be unlawful for the operator of any vehicle to back the same unless such movement can be
made with reasonable safety and without interfering with other traffic.
Sec. 17-59. - Operation when approaching railroad crossings.

(a) All vehicles approaching railroad street crossings shall remain on the right-hand side of the center of
the street approaching such crossings. Whenever any person driving a vehicle approaches a railroad
grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall
stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and
shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach
of a railroad train;
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the
approach or passage of a railroad train;
(3) A railroad train approaching within approximately nine hundred (900) feet of the highway
crossing emits a signal in accordance with MCA 1972 77-9-225 and such railroad train by
reason of its speed or nearness to such crossing, is an immediate hazard;
(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad
crossing while such gate or barrier is closed or is being opened or closed.
Cross reference Railroads generally, Ch. 23

State Law reference Duty of driver to stop before crossing, MCA 1972, 77-9-249; driving
on left side of roadway when approaching grade crossing prohibited, MCA 1972, 63-3611(2)(b); stopping, standing, parking near railroad crossings, MCA 1972, 63-3-901(1)(i);
stopping on approach of trains, MCA 1972, 63-3-100763-3-1013.
Sec. 17-60. - Certain vehicles must stop at all railroad grade crossings.
(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any
school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part
of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within
fifty (50) feet but not less than ten (10) feet from the nearest rail of such railroad and while so
stopped shall listen and look in both directions along such track or any approaching train and for
signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until
he can do so safely.
(b) No stop need be made at any such crossing where a police officer or a traffic-control signal directs
traffic to proceed.
(c) This section shall not apply at street railway grade crossings within a business or residence district.
Page 257

Sec. 17-61. - Funeral processions to burn lights, follow closely.
The drivers of all vehicles in a funeral procession shall keep the front lights of such vehicles burning
at all times the procession is in progress and they shall follow the vehicle in front sufficiently close so as
not to invite a break through the procession of other vehicles.
State Law reference Authority to regulate or prohibit processions on streets, MCA 1972,
63-3-211(a)(3).
Sec. 17-62. - Driving through processions prohibited.
It shall be unlawful for any person to ride or drive any animal or vehicle of any kind through any
funeral procession, or other procession, except upon the signal of a traffic officer; provided, that this
section shall not apply to fire apparatus, police department vehicles or ambulances engaged in answering
an emergency call or in the transportation of an injured or sick person to a hospital.
Sec. 17-63. - Trailers and towed vehicles.

(a) Every trailer which shall be towed on the public highway at a speed in excess of twenty (20) miles
per hour shall be coupled to the towing vehicle by means of a safety chain, chains, cables, or
equivalent devices in addition to the regular trailer hitch or coupling. This requirement does not apply
to a semitrailer having a connecting device composed of a fifth wheel and kingpin assembly meeting
the requirements of the Interstate Commerce Commission, nor to a pole, pipe, casing, long or piling
dolly. No more slack shall be left in any such safety chains, cables or equivalent devices than shall
be necessary to permit proper turning. The safety chains, cables or equivalent device shall be so
connected to the towed and towing vehicles and to the drawbar to prevent the drawbar from
dropping to the ground if the drawbar fails, and shall be of sufficient strength to control the trailer in
event of failure of the regular trailer hitch or coupling.
(b) When one (1) vehicle is towing another the drawbar or other connection shall be of sufficient strength
to pull all weight towed thereby. Such drawbar or other connection shall not exceed fifteen (15) feet
from one (1) vehicle to the other except the connection between any two (2) vehicles transporting
poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered.
(c) When one (1) vehicle is towing another and the connection consists of a chain, rope, or cable, there
shall be displayed upon such connection a white flag or cloth not less than twelve (12) inches
square.
(d) No more than two (2) vehicles in combination shall be towed by saddle-mounts. No more than one
(1) motor vehicle shall be towed by tow-bar.
(e) At nighttime, the car being towed shall display lamps as required by state law. Not more than one (1)
motor vehicle shall be towed at a time.
State Law reference General regulation of trailers and towed vehicles, MCA 1972, 63-525; lighting required, MCA 1972, 63-7-11.
Sec. 17-64. - Towing more than one trailer prohibited.
It shall be unlawful to attach more than one (1) trailer to any motor vehicle being operated over and
along the streets of the city.
Sec. 17-65. - Sitting in lap of driver prohibited.
Page 258
It shall be unlawful for the driver of any vehicle to have in his lap any other person, adult or minor,
nor shall the driver of such vehicle be seated in the lap of any person while the vehicle is in motion.
Sec. 17-66. - Emergency vehiclesDuties on approach of.

(a) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible
signal by siren, exhaust, whistle or bell, the driver of every other vehicle shall yield the right-of-way
and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge
or curb of the street clear of any intersection and shall stop and remain in such position until the
authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty
to drive with due regard for the safety of all persons using the highway.
Cross reference Health and sanitation, Ch. 13

Sec. 17-67. - SameTo have right-of-way.
United States mail vehicles, ambulances and vehicles of the police and fire departments shall have
the right-of-way on any street. All vehicles pertaining to the fire department shall have prior right-of-way
over all other vehicles or cars upon the streets of the city. It shall be unlawful for any person in charge or
control of any buggy, wagon, carriage, automobile, engine or train, or any other vehicle propelled by
whatsoever motive power, to carelessly, wantonly, willfully, or maliciously delay any fire apparatus of the
city going to or returning from any supposed or actual fire.

ARTICLE III. - STOPPING, STANDING AND PARKING
FOOTNOTE(S):
--- (2) --State Law reference Authority of municipalities to regulate parking or standing of vehicles, MCA 1972,
63-3-211(a)(1).
Sec. 17-81. - General parking requirements.

Except on one-way streets, vehicles shall in all cases be parked on the right-hand side of the street
in the direction of traffic. Where parking spaces are marked on the street, they shall be parked only within
such parking spaces. Where vehicles are parked at an angle to the curb, they shall be left with a front
wheel against the curb; and where they are parked parallel with the curb, the right front and rear wheels
shall be left within fifteen (15) inches of the curb; provided that, all vehicles longer than nineteen (19) feet
overall, shall always be parked parallel to the curb anywhere in the city.
State Law reference Requirement that vehicles be parked on right-hand side of roadway,
MCA 1972, 63-3-907.
Page 259
Sec. 17-82. - Manner of parking on unpaved, unmarked streets; time in absence of markings, signs.
On all unpaved streets, and on all paved streets where there are no parking spaces marked and
where there are no signs displayed which prohibit parking, vehicles shall be parked parallel with and as
near to the right-hand curb as practicable. Where there are no parking signs displayed limiting the time for
parking on such streets, vehicles may be parked for any length of time except as otherwise limited or
prohibited by this article.
Sec. 17-83. - Prohibited in certain places.

(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or traffic-control device, in any of the
following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within ten (10) feet of a fire hydrant;
(5) On a crosswalk;
(6) Within twenty (20) feet of a crosswalk at an intersection;
(7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control
signal located at the side of a roadway;
(8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb
immediately opposite the ends of a safety zone, unless the traffic authority indicates a different
length by signs or markings;
(9) Within fifteen (15) feet of the nearest rail of a railroad crossing;
(10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within seventy-five (75) feet of the entrance when
properly signposted;
(11) Alongside or opposite any street excavation or obstruction when such stopping, standing, or
parking would obstruct traffic;
(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13) Upon any bridge or other elevated structure upon a street or within a street tunnel;
(14) At any place where official signs prohibit stopping.
(b) No person shall move a vehicle owned by any person into any such prohibited area or away from a
curb such distance as is unlawful.
(Ord. of 11-6-45, I)
Sec. 17-84. - Parking commercial, recreational vehicles on residential streets; parking so as to block
access to private drive.
(a) It shall be unlawful for any person to park any commercial or recreational vehicle, larger than onehalf-ton pickup truck, on any of the public residential streets and thoroughfares of the city at any one
(1) time for a period of more than two (2) hours.
Page 260
(b) It shall further be unlawful for any person to park and leave unattended, on any of the public
residential streets and thoroughfares of the city, any vehicle that blocks access into and out of a
private drive.
(c) Any person violating the terms and provisions of this section shall, upon conviction, be deemed guilty
of a misdemeanor, and fined in an amount as set by the mayor and board of aldermen from time to
time, as allowed by law.
Sec. 17-85. - Manner of parking to load, unload.

When being loaded or unloaded, trucks and drays may be backed up to the curb, but shall be so
placed as to cause the least practicable interference with traffic on the streets. Horses or mules attached
to vehicles backed up to the curb when loading and unloading shall be turned at right angles to the
vehicle to which attached in the direction in which the traffic on that side of the street is moving. Every
truck or dray shall be promptly loaded and unloaded and shall not be permitted to stand or remain
stationed at any place on the street in the city, except while being loaded or unloaded, unless the same
shall be parked in the manner required for other vehicles.
Sec. 17-86. - Designation of loading zones.

The chief of police is hereby authorized to determine and designate the location of curb loading
zones and shall have such zones properly marked as such.
Sec. 17-87. - Parking in loading zones.

No person shall stop or park any vehicle in any space in the city marked as a curb loading zone for
any purpose other than for the expeditious unloading, delivery or pickup and loading of material or
merchandise during the hours when the provisions applicable to such zones are in effect, which hours are
hereby fixed from 8:00 a.m. to 5:00 p.m. except upon Sunday and national holidays; provided, that, in no
case shall a vehicle be stopped or parked in any such zone for a period in excess of thirty (30) minutes in
the business district of the city.
Sec. 17-88. - Parking under unusual conditions.

In case of crowds, congested traffic or any other unusual conditions on the street, vehicles shall be
parked as may be directed by any traffic officer personally directing the traffic on such street.
Sec. 17-89. - Duties when leaving vehicle unattended.

No person driving or in charge of a motor vehicle shall permit it to stand unattended on any street in
the city without first stopping the engine, locking the ignition and removing the key, or when standing
upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to
the curb or side of the street.

Sec. 17-90. - Repairing vehicles in streets.
It shall be unlawful to park, station or leave any vehicle in any street in front of any garage,
blacksmith shop, or other shop for the purpose of being repaired; nor shall any person work on or repair
any vehicle while in the street except temporary repairs in case of emergency.
Sec. 17-91. - Leaving vehicles for sale on streets.

It shall be unlawful for any dealer or other person to station or park any motor vehicle, or other
vehicle, kept or offered for sale, on any of the streets or sidewalks of the city.
Page 261
Sec. 17-92. - Operating filling station on streets, sidewalks, servicing vehicles on sidewalks prohibited.
No person shall be permitted to operate any automobile filling station or service station either wholly
or partly on any street or sidewalk in the city; nor shall any person stop or park any motor vehicle either
wholly or partly on any sidewalk at or near any filling or service station while being served or for the
purpose of being served by any such filling or service station, or for the purpose of changing tires or
having any repairs whatever done; nor shall any such filling station or service station serve any car so
stopped on the sidewalk.
Sec. 17-93. - Moving parked vehicles without permission prohibited.

Except as provided in section 17-94 of this chapter it shall be unlawful for any person to take, use or
drive any vehicle parked or stationed at any point in the city without first having obtained the consent of
the owner or persons so parking or stationing the same.
Sec. 17-94. - Impounding unlawfully parked vehicles authorized; redemption, fee.

Every vehicle which may be improperly or unlawfully stationed, parked or left in any street of the city,
may be removed and impounded by any traffic or police officer of the city, who shall promptly report the
same to police headquarters for record. Such impounded vehicle shall be delivered to the owner or other
person entitled to the possession thereof on the payment of an impounding fee of such amount as
established by the mayor and board of aldermen from time to time, which shall be accounted for by the
police department.
State Law reference Authority of police to remove illegally stopped vehicles, MCA 1972,
63-3-905.
Sec. 17-95. - Parking, stopping, standing prohibited on portions of certain streets.
It shall be unlawful for the operator or driver of any motor vehicle to park or cause such motor vehicle
to remain stopped or standing on portions of streets and avenues within the corporate limits of the city as
established from time to time and marked with signs giving notice of such prohibitions.
Sec. 17-96. - Parallel parking in downtownbusiness area; required, when.

(a) It shall be unlawful for any trailer truck to park, other than parallel to the curb, in the downtown
business area of the city, between the hours of 6:00 a.m. and 8:00 p.m.
(b) The downtown business area is defined for the purposes of this section only to be that area bounded
on the east by the G. M. & 0. Railroad tracks, on the north by Franklin Street and on the west and
south by the Saint Louis and San Francisco Railroad, with both sides of Franklin Street being
included in the area.
(c) This section shall not apply to emergency vehicles when stopping for an emergency;
(d) Any person who shall violate any of the provisions of this section or fail to comply therewith, or any
person who shall permit a vehicle owned, operated or in his possession or control to violate this
section shall be guilty of a misdemeanor punishable by a fine as established by the mayor and board
of aldermen from time to time, as allowed by law.
(Ord. of 5-5-64, 14)

Sec. 17-97. - Handicapped parking.
(a) Certain parking spaces in the downtown area of the city have been designated as reserved for
parking by handicapped persons. It is anticipated that additional and/or different spaces will from
Page 262
time to time be designated as reserved for parking by handicapped persons. All of such spaces shall
be clearly marked as being reserved for use by handicapped persons.
(b) It shall be unlawful for any person to park in any parking area reserved for the handicapped any
motor vehicle which does not have one (1) of the following:
(1) On the vehicle license plate the special decal authorized for handicapped persons by MCA
1972, 27-19-56; or
(2) On the vehicle dashboard the parking certificate bearing the international wheelchair logo
authorized by such statute.
(c) It shall be unlawful for any person to park in any parking area reserved for the handicapped any
motor vehicle bearing such special decal and/or parking certificate which is not then driven or
occupied by the handicapped person to whom such special decal or parking certificate was issued.
(d) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined such amount as designated by the mayor and board of aldermen
from time to time.
(e) This section shall be in addition and supplementary to all other ordinances concerning parking within
the city. All ordinances or parts of ordinances which are not in conflict with the provisions of this
section shall remain in full force and effect.
(Ord. of 1-7-86, IIV)

Cross reference Health and sanitation, Ch. 13
DIVISION 2. - DOWNTOWN AREA
FOOTNOTE(S):
--- (3) --Editor's noteAppendix A is not included herein but is available for public inspection in city offices.

The following words, terms, and phrases, when used in this division, shall have the meanings
ascribed to them in this section except where the context clearly indicates a different meaning:
Downtown areameans the area bounded by the southern boundary of Jefferson Street on the north,
the center line of Front Street on the east, the northern boundary of Magazine Street on the south and the
eastern boundary of Green Street to the southern boundary of Jefferson Street on the west together with
the area on both sides and West Main Street directly in front of Calvary Baptist Church and the U.S. Post
Office and directly beside the U.S. Post Office on both sides of Church Street and both sides of West
Main Street between Green Street and Church Street; also the area between the center line and the
western boundary of South Spring Street between Magazine Street and Clark Street. The above
description is intended to describe the area depicted in the map attached hereto and designated as
"Appendix A" [3] and fully incorporated into this document by reference.
Off-street parking means publicly owned parking lots and areas which are not in or immediately
adjacent to the right-of-way of any public street, road, and thoroughfare, whether paved or curbed or not.
Page 263
(Ord. of 4-5-88, 1; Ord. of 12-21-93, 1; Ord. of 9-17-96)

Sec. 17-112. - Rules and regulations.
The city council is authorized to adopt by resolution such rules and regulations as are necessary to
effectuate the provisions of this division and to provide for safe parking. The city council may delegate
such authority to the traffic committee or police department.

Sec. 17-113. - Free parking.
All on-street and off-street parking provided by the city shall be free of charge.

Sec. 17-114. - On-street parkingPermitted; exceptions.
On-street parking shall be permitted in all areas except:
(1) Where on-street parking obstructs the safe passage of other vehicles or obscures a clear view
of intersections or traffic signals or signs;
(2) Where on-street parking is unsafe or creates a traffic hazard;
(3) Where on-street parking is prohibited or limited by the mayor and city council as marked or
posted;
(4) Within fifteen (15) feet of fire hydrants;
(5) Where temporarily marked, posted, or barricaded by the police department or the department of
public works.
(Ord. of 4-5-88, 3; Ord. of 9-17-96)

Sec. 17-115. - SameTime limits.
(a) On-street parking in the downtown area shall be limited to two (2) hours per vehicle, except for other
time limits or restrictions as marked or posted.
(b) On-street parking directly in front of the U.S. Post Office from the center line to the northern
boundary of West Main Street and directly beside the U.S. Post Office on both sides of Church
Street shall be limited to fifteen (15) minutes per vehicle, except for other time limits or restrictions as
marked or posted.
(c) On-street parking directly in front of Deposit Guaranty National Bank from the center line to the
southern boundary of West Main Street shall be limited to thirty (30) minutes per vehicle, except for
other time limits or restrictions as marked or posted.

Sec. 17-116. - Off-street parking.
Off-street parking shall be free of charge and shall not be subject to any hourly time limits.
Page 264

Sec. 17-117. - Designated parking spaces for government officials and handicapped persons.
(a) The mayor and city council may designate certain on-street or off-street parking spaces for
governmental officials or employees which shall not be subject to any time limitation. Each such
designated parking space shall be marked or posted. Any unauthorized person who parks a vehicle
in a designated parking space shall be subject to a fine for violation of this division as provided in
section 17-120
(b) The mayor and city council may designate certain on-street and off-street parking spaces for use by
the handicapped which shall be marked or posted and not subject to any time limitation.
Unauthorized persons who park vehicles in such designated areas shall be subject to a fine as
provided by law.
(Ord. of 4-5-88, 6; Ord. of 9-17-96)

Sec. 17-118. - Parking violations.
Any person committing one (1) of the following acts shall be subject to a fine for each violation of this
division:
(1) Parking in a no-parking zone;
(2) Parking in the downtown, area in excess of two (2) hours or in excess of the marked or posted
time limit;
(3) Parking in disregard of the posted or marked designations, limitations or restrictions or any
other rules or regulations issued pursuant to this division;
(4) Parking in an unsafe area or an unsafe manner or position;
(5) Parking in a place or manner which obstructs traffic or obscures intersections or traffic signals
and signs.
(Ord. of 4-5-88, 7; Ord. of 9-17-96)

The police department shall monitor parking, shall issue citations to the owners of vehicles or other
persons violating this division and shall provide necessary information on each citation to the municipal
court clerk for the purpose of record keeping and collection.
(Ord. of 4-5-88, 9; Ord. of 9-17-96)

Sec. 17-120. - Fines.
(a) Whenever any motor vehicle without a driver is found parked in violation of any of the restrictions
imposed by this division, the officer finding such vehicle shall take its registration number and may
take other information displayed on the vehicle which may identify its user, and shall conspicuously
affix to such vehicle a traffic citation, on a form provided by the city clerk, directing the violator to
make payment within five (5) days of a penalty for such violation as is hereinafter prescribed or to
timely request a trial in the municipal court to contest the citation.
(b) The penalty prescribed to be paid as an alternative to appearance in municipal court shall be:
Page 265
(1) Except for citations written for improper parking in spaces designated as parking for
handicapped persons or as a fire lane, if paid within seven (7) calendar days, the sum of fifteen
dollars ($15.00).
(2) If paid after the expiration of seven (7) calendar days, the sum of fifty dollars ($50.00).
(3) All citations issued to automobiles parked in spaces designated for use by handicapped
persons or as a fire lane, if paid within seven (7) calendar days, shall be fifty dollars ($50.00).
(4) All citations issued to automobiles parked in spaces designated for use by handicapped
persons or as a fire lane, if paid after the expiration of seven (7) calendar days, shall be one
hundred dollars ($100.00).
(c) If a violator of the restrictions on parking under this division does not comply with the directions of the
citation affixed to the vehicle and fails to timely pay the fine or timely request a trial to contest the
citation, such violation will be referred to the municipal court for further action and for disposition.
(Ord. of 4-5-88, 10; Ord. of 9-17-96; Ord. of 4-19-05(2), 1; Ord. of 4-17-07, 1)

Sec. 17-121. - Immobilization of vehicle for repeated violations.
Upon the fourth, or subsequent, violation of this division or the rules and regulations issued pursuant
hereto, the vehicle of any person against whom three (3) or more citations have been issued in the
previous twenty-four (24) months which remain unpaid shall be subject to immobilization by the police
department. No vehicle shall be immobilized until a check of the parking violation records has been made
to determine whether the criteria for the immobilization have been met. The fee for removal of the
immobilization device shall be twenty-five dollars ($25.00). The immobilization device shall be removed:
(1) Upon payment of all previous unpaid fines and the fee for removal of the immobilization device;
or
(2) Upon posting of a bond in the amount of all previous unpaid fines and the fee for the removal of
the immobilization device, ensuring the appearance of the violator in municipal court at a
hearing on the immobilization and the previous unpaid fines.
(Ord. of 4-5-88, 11; Ord. of 9-17-96)

Sec. 17-122. - Records of violations.
The municipal court clerk or the clerk's designee, shall maintain records of parking citations
identifying the vehicle, its record owner, the date the citation was issued, the status of payment and other
pertinent data for a period not less than twenty-four (24) months from the date of issuance.
(Ord. of 4-5-88, 12; Ord. of 9-17-96)

Sec. 17-123. - Notice on citations.
Each citation for parking violations issued by the police department shall state how payment of the
fine shall be made and shall contain a notice that three (3) or more unpaid parking fines may result in
immobilization of the vehicle upon the fourth or subsequent violations and removal of the vehicle if not
claimed or released within twenty-four (24) hours of the immobilization. The citation must also plainly
state that the person cited has a right to a trial and waives that right by voluntarily paying the fine
prescribed for the citation. Upon the immobilization of a vehicle, the citation affixed to the immobilized
vehicle shall contain information on the release of the vehicle or a telephone number where the
information may be obtained.
Page 266
(Ord. of 4-5-88, 13; Ord. of 9-17-96)

Sec. 17-124. - Hearing on immobilization of vehicle.
Any person whose vehicle has been immobilized pursuant to this division shall have the right
thereafter to a trial, upon request, in municipal court on the immobilization of the vehicle and the unpaid
fines. Payment of the unpaid fines and the fee for the removal of the immobilization device shall constitute
a waiver to the right for said trial.
(Ord. of 4-5-88, 14; Ord. of 9-17-96)

Sec. 17-125. - Removal and impoundment of immobilized vehicle.
Any immobilized vehicle which has not been claimed or released within twenty-four (24) hours of the
immobilization may, at the option of the police department and after a good faith attempt to contact the
owner by telephone, be removed and impounded at the sole expense of the owner.
(Ord. of 4-5-88, 15; Ord. of 9-17-96)

Secs. 17-12617-135. - Reserved.
ARTICLE IV. - VEHICLE EQUIPMENT AND CONDITION
FOOTNOTE(S):
--- (4) --State Law reference State requirements as to equipment on vehicles generally, MCA 1972, 63-7163-7-81.
Sec. 17-136. - General mechanical condition.

It shall be unlawful for any person to operate or cause to be operated upon the public streets of the
city, any motor vehicle with defective brakes or defective steering gear, any part of the machinery or
mechanism improperly adjusted or in such condition as to render it unsafe or dangerous to operate.
State Law reference Brake equipment required, MCA 1972, 63-7-51; MCA 1972, 63-77, 63-7-9.
Sec. 17-137. - Lights required.
All vehicles driven upon the streets of the city shall be equipped with lamps that meet all
requirements of the state law.
State Law reference Lighting requirements, MCA 1972, 63-7-1163-7-45.

Sec. 17-138. - Horns, warning devicesRequired; use.
Page 267
Every motor vehicle when operated upon a roadway in the city shall be equipped with a horn in good
working order and capable of emitting sound audible under normal conditions from a distance of not less
than two hundred (200) feet, but no horn or other warning device shall emit an unreasonably loud or
harsh sound or whistle. The driver of a motor vehicle shall when reasonably necessary to ensure safe
operation give audible warning with his horn but shall not otherwise use such horn when upon a street.

Sec. 17-139. - SameSirens, whistles or bells.
No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell,
except as otherwise permitted in this section. No bicycle shall be equipped with nor shall any person use
upon a bicycle any siren or whistle.

Sec. 17-140. - Lamp or flag on projecting load.
Whenever the load upon any vehicle traveling in the city extends to the rear four (4) feet or more
beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at
the times specified in MCA 1972 63-7-11, a red light or lantern plainly visible from a distance of at least
five hundred (500) feet to the side and rear. The red light or lantern required by this section shall be in
addition to the red light required upon every vehicle. At any other time there shall be displayed at the
extreme rear end of such load a red flag or cloth not less than sixteen (16) inches square.

Sec. 17-141. - Tire equipment.
(a) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one (1)
inch thick above the edge of the flange of the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any
metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or
spike or any other protuberances of any material other than rubber which projects beyond the tread
of the traction surface of the tire. However, it shall be permissible to use farm machinery with tires
having protuberances which will not injure the highway, and it shall be permissible to use tire chains
of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other
conditions tending to cause a vehicle to skid.
(d) The state highway commission and the city in their respective jurisdictions may, in their discretion,
issue special permits authorizing the operation upon a highway of traction engines or tractors having
movable tracks with transverse corrugations upon the periphery of such movable tracks or farm
tractors or other farm machinery, the operation of which upon a highway would otherwise be
prohibited under this title.
State Law reference Requirements as to wheels and tires, MCA 1972, 63-7-67.
ARTICLE V. - AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
Page 268

In this article:
Department shall mean the Police Department of the City of Tupelo, Mississippi.
Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration
records of the Mississippi Department of Transportation or the analogous department or agency of
another state or country.
Photographic traffic signal enforcement system shall mean a system that:
(a) Consists of a camera system installed to work in conjunction with an electrically operated
traffic control signal; and
(b) Is capable of producing at least two (2) recorded images that depicts the license plate
attached to the rear of a motor vehicle that is not operated in compliance with the
instructions of the traffic-control signal.
Recorded image means an image recorded by a photographic traffic monitoring system that
depicts the rear of a motor vehicle and is automatically recorded on a photograph or digital image.
System location means the approach to an intersection toward which a photographic traffic
monitoring system is directed and in operation.
Traffic control signal shall mean a traffic control device that displays alternating red, amber and
green lights that directs traffic when to stop at or proceed through an intersection.
(Ord. of 1-16-07, 1)
Sec. 17-143. - Imposition of civil penalty for violations.
(a) The city council finds and determines that a vehicle that proceeds into an intersection when the
traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the
public by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of
traffic control and traffic flow efforts, and by increasing the number of serious accidents to which
public safety agencies must respond at the expense of the taxpayers.
(b) Except as provided in (c) and (d) below, the owner of a motor vehicle is liable for a civil penalty of
seventy-five dollars ($75.00) if the motor vehicle proceeds into an intersection at a system location
when the traffic control signal for that motor vehicle's direction of travel is emitting a steady red
signal.
(c) For a third or subsequent violation committed by the owner of the same motor vehicle during any 12month period, the amount of the civil penalty shall be one hundred fifty dollars ($150.00).
(d) An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of twentyfive dollars ($25.00).
(Ord. of 1-16-07, 1)
Sec. 17-144. - Enforcement; procedures.
(a) The department is responsible for the enforcement and administration of this article.
(b) In order to impose a civil penalty under this article, the department shall mail a notice of violation to
the owner of the motor vehicle liable for the civil penalty not later than the 30th day after the date the
violation is alleged to have occurred to:
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(1) The owner's address as shown on the registration records of the Mississippi Department of
Transportation; or
(2) If the vehicle is registered in another state or country, the owner's address as shown on the
motor vehicle registration records of the department or agency of the other state or country
analogous to the Mississippi Department of Transportation.
(c) A notice of violation issued under this article shall contain the following:
(1) A description of the violation alleged;
(2) The name and address of owner of the vehicle involved in the violation;
(3) The date, time, and location of the violation;
(4) A copy of a recorded image of the vehicle involved in the violation;
(5) The amount of the civil penalty to be imposed for the violation;
(6) The date by which the civil penalty must be paid;
(7) A statement that the person named in the notice of violation may pay the civil penalty in lieu of
appearing at tan administrative adjudication hearing;
(8) Information that informs the person named in the notice of violation:
a.
Of the right to contest the imposition of the civil penalty in an administrative adjudication;
b.
Of the manner and time in which to contest the imposition of the civil penalty; and
c.
That failure to pay the civil penalty or to contest liability is an admission of liability; and
(9) A statement that a recorded image is evidence in a proceeding for the imposition of a civil
penalty;
(10) That payment in full is due no later than on the 20th day after the date of the notice, unless the
violation is contested in accordance with section 17-145
(11) A statement that failure to pay the civil penalty within the time allowed shall result in the
imposition of a late penalty of twenty-five dollars ($25.00); and
(12) Any other information deemed necessary by the department.
(d) A notice of violation under this article is presumed to have been received on the 5th day after the
date the notice of violation is mailed.
(e) In lieu of issuing a notice of violation, the department may mail a warning notice to the owner.
(Ord. of 1-16-07, 1)
Sec. 17-145. - Administrative adjudication hearing.
(a) A person who receives notice of violation may contest the imposition of the civil penalty by request in
writing an administrative adjudication of the civil penalty within fifteen (15) days after the receipt of
the notice of violation (which, in light of the presumption of receipt in subsection 17-144(d), must be
received by the department no later than the 20th day after the date on the notice of violation). Upon
receipt of a timely request, the department shall notify the person of the date and time of the hearing
on the administrative adjudication. The administrative adjudication hearing shall be held before a
hearing officer appointed by chief of police.
(b) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the
full amount of the civil penalty assessed in the notice of violation, and is a waiver of the right to
contest or appeal the notice of violation.
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(c) The civil penalty shall not be assessed if after a hearing, the hearing officer enters a finding of no
liability.
(d) In an administrative adjudication hearing, the issues must be proved at the hearing by a
preponderance of the evidence. The reliability of the photographic traffic signal enforcement system
used to produce the recorded image of the violation may be attested to in an administrative
adjudication hearing by affidavit of an officer or employee of this city or the entity with which the city
contracts to install or operate the system and who is responsible for inspecting and maintaining the
system. An affidavit of an officer or employee of the city that alleges a violation based on an
inspection of the pertinent recorded image, is admissible in a proceeding under this article and is
evidence of the facts contained in the affidavit.
(e) A person who is found liable after an administrative adjudication hearing or who requests and
administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing
is liable for administrative hearing costs in the amount of twenty-five dollars ($25.00) in addition to
the amount of the civil penalty assessed for the violation. A person who is found liable for a civil
penalty after an administrative adjudication hearing, or who fails to appear, shall pay the civil penalty
and costs within ten (10) days of the hearing, unless the person found liable timely files a notice of
appeal with the municipal court in accordance with subsection 17-145(i). A person who fails to attend
the administrative hearing, however, forfeits any rights of appeal.
(f)
It shall be an affirmative defense to the imposition of civil liability under this article, to be proven by a
preponderance of the evidence, that:
(1) The traffic-control signal was not in proper position and sufficiently legible to an ordinarily
observant person;
(2) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a
police officer;
(3) The operator of the motor vehicle violated the instructions of the traffic-control signal so as to
yield the right-of-way to an immediately approaching authorized emergency vehicle;
(4) The motor vehicle was being operated as an authorized emergency vehicle and that the
operator was acting in compliance with state statutes in operation thereof.
(5) The motor vehicle was a stolen vehicle and being operated by a person other than the owner of
the vehicle without the effective consent of the owner;
(6) The license plate depicted in the recorded image of the violation was a stolen plate and being
displayed on the motor vehicle other than the motor vehicle for which the plate had been issued;
or
(7) The presence of ice, snow, unusual amounts of rain or other unusually hazardous road
conditions existed that would make compliance with this article more dangerous under the
circumstances than non-compliance.
(8) The person who received the notice of violation was not the owner of the motor-vehicle at the
time of the violation.
(g) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license
plate displayed on the motor vehicle was a stolen plate, the owner must submit proof of acceptable
to the hearing officer that the theft of the vehicle or license plate had not been timely reported to the
appropriate law enforcement agency.
(h) Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a civil
penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing
on the violation if:
(1) The person files an affidavit with the hearing officer stating the date on which the person
received the notice of violation that was mailed to the person, if such date was later than five (5)
days from the date of the notice; and
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(2) Within the same period required by subsection 17-144(c)(7)b. for a hearing to be timely
requested but measured from the date the mailed notice was received as stated in the affidavit
filed under subsection (h)(1), the person requests an administrative adjudication hearing.
(i)
A person who is found liable after an administrative adjudication hearing may appeal that finding of
civil liability to the Municipal Court by filing an notice of appeal with the clerk of the Municipal Court.
The notice of appeal must be filed not later than the 31st day after the date on which the
administrative adjudication hearing officer entered the finding of civil liability. Unless the person, on
or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any
late fees, an appeal does not stay the enforcement of the civil penalty. An appeal shall be
determined by the Municipal Court by trial de novo. The affidavits submitted under subsection 17145(d) shall be admitted by the municipal judge in the trial de novo, and the issues must be proved
by a preponderance of the evidence. A person found liable by the Municipal Court shall pay an
appellate filing fee of fifty dollars ($50.00) in addition to the civil penalty and any other fees due the
city.
(Ord. of 1-16-07, 1)
Sec. 17-146. - Order.
(a) The hearing officer at any administrative adjudication hearing under this article shall issue an order
stating:
(1) Whether the person charged with the violation is liable for the violation; and
(2) If liable, the amount of any civil penalty, late penalty, and administrative adjudication cost
assessed against the person.
(b) The orders issued under subsection (a) may be filed with the office of the hearing examiner. The
hearing examiner shall keep the orders in a separate index and file. The orders may be recorded
using microfilm, microfiche, or data processing techniques.
(Ord. of 1-16-07, 1)
Sec. 17-147. - Effect of liability, exclusion of civil remedy.
(a) The imposition of civil penalty under this article is not a criminal conviction for any purpose, and is
not reflected on the owner's permanent driving record.
(b) A civil penalty may not be imposed under this article on the owner of a motor vehicle if the operator
of the vehicle was arrested or was issued a citation and notice to appear by a law enforcement
officer for the same violation.
(c) An owner who fails to pay the civil penalty or to timely contest liability for the penalty is considered to
admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the
person.
(d) The city attorney is authorized to file suit to enforce collection of a civil penalty imposed under this
article.
(Ord. of 1-16-07, 1)
Chapter 18 - MUNICIPAL COURT
FOOTNOTE(S):
Page 272
--- (1) --Cross reference General penalty for code violations, 1-8; administration, Ch. 2; airport rules and
regulations, 4-41 et seq.; alcoholic beverages, Ch. 5; emergency management, Ch. 9; motor vehicles
and traffic, Ch. 17; offenses and miscellaneous provisions, Ch. 19; police, Ch. 22
State Law reference Municipal courts, MCA 1972, 21-23-1 et seq.
Sec. 18-1. - Qualifications of judge.

The municipal judge shall be licensed to practice law in this state and shall also be a qualified elector
of the city.
Sec. 18-2. - Powers and duties of judge.

(a) The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a
record of the testimony, all violations of the municipal ordinances and state misdemeanor laws made
offenses against the municipality and to punish offenders therefor as may be prescribed by law. He
may sit as a committing court in all felonies committed within the municipality, and he shall have the
power to bind over the accused to the grand jury or to appear before the proper court having
jurisdiction to try the same, and to refuse bail and commit the accused to jail in cases not bailable.
The municipal judge is a conservator of the peace within the city and may conduct preliminary
hearings in all violations of the criminal laws of this state occurring within the city and any person
arrested for a violation of law within the city may be brought before him for initial appearance.
(b) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and
issue orders, subpoenas, summonses, citations, warrants for arrest and other such process under
seal of the court to any county or municipality, in a criminal case, to be executed by the lawful
authority of the county or the municipality of the respondent, and enforce obedience thereto. The
absence of a seal shall not invalidate the process.
(c) When a person shall be charged with an offense in municipal court punishable by confinement, the
municipal judge, being satisfied that such person is an indigent person and is unable to employ
counsel, may, in the discretion of the court, appoint counsel from the membership of the Mississippi
State Bar residing in his county who shall represent him. Compensation for appointed counsel in
criminal cases shall be approved and allowed by the municipal judge and shall be paid by the city.
The maximum compensation shall not exceed one hundred dollars ($100.00) for any one (1) case.
The mayor, subject to the approval of the board of aldermen may, in his discretion, appoint a public
defender who must be a licensed attorney and who shall receive a salary to be fixed by the board of
aldermen.
(d) The municipal judge is hereby authorized to suspend the sentence, and to suspend the execution of
the sentence, or any part thereof, on such terms as may be imposed by the municipal judge.
However, the suspension of imposition or execution of a sentence hereunder may not be revoked
after a period of two (2) years.
(e) Upon prior notice to the city prosecuting attorney and upon a showing in open court of rehabilitation,
good conduct for a period of two (2) years since the last conviction in any court and that the best
interest of society would be served, the court may, in its discretion, order the record of conviction of a
person of any or all misdemeanors in that court expunged, and upon so doing such person thereafter
legally stands as though he had never been convicted of such misdemeanor(s) and may lawfully so
respond to any query of prior convictions. This order of expungment does not apply to the
confidential records of law enforcement agencies and has no effect on the driving record of a person
maintained under MCA 1972, Title 63, or any other provision of such Title 63.
Page 273
(f)
In discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court.
Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense
charged and shall proceed to sentence the defendant according to law. The judgment of the court
shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a
conviction on a plea of nolo contendere as in other cases.
(g) The municipal court shall have the power to make rules for the administration of the court's business,
which rules, if any, shall be in writing filed with the clerk of the court.

Sec. 18-3. - Municipal judge pro tempore.
The mayor, subject to the approval of the board of aldermen, shall have the power and authority to
appoint a municipal judge pro tempore, who shall have the same powers and qualifications for office as
the municipal judge and shall perform all duties of the municipal judge in the absence of such municipal
judge. In the event a municipal judge pro tempore is not appointed or is absent or unable for any reason
to serve, any justice court judge of the county or municipal judge of another municipality may serve in his
place with the same power and authority upon designation by the municipal judge.

Sec. 18-4. - Place court held.
The municipal court of the city, presided over by the municipal judge, shall be held in such building
as designated by the board of aldermen from time to time.
Sec. 18-5. - Presence of police required during sessions.

The chief of police or at least one (1) policeman detailed for the purpose, shall be present every day
throughout each session of the municipal court to preserve order and to execute the orders of the court.
Whenever the municipal judge shall require it, the chief of police and such number of policemen as the
municipal judge may deem necessary shall be present for the above purposes.
Sec. 18-6. - Trial docket required.

There shall be a trial docket kept by the clerk of the court on which shall be entered the true name of
every person brought before him for the trial, the date of docketing, the offense with which each person is
charged, the name of the person by whom the affidavit is made alleging the offense, the name of the
policemen making the arrest, the names of the counsel appearing in the case, the names of all witnesses,
and such other entries may be made as may be proper and convenient. After the case is disposed of, the
municipal judge must enter on the docket his formal judgment at the proper place provided for same, and
sign his name thereto. The cases on the trial docket shall be numbered consecutively and each case
shall be properly numbered.
Sec. 18-7. - Procedure upon arrest.

When any person is arrested, with or without a warrant, for a violation of any of the laws of the state
under the grade of felonies and ordinances, such person shall be admitted to bond and his case disposed
of in accordance with MCA 1972, 21-23-8, 21-23-17 and 21-23-19.
Sec. 18-8. - Rules of evidence, examination of witnesses.

The rules of evidence and the examination of witnesses in a trial in the municipal court shall be the
same as that in state courts.
Page 274
Sec. 18-9. - Right of accused to know charge, plead, have counsel, fair trial.
(a) Every person charged with an offense, before being put upon trial, shall be informed by affidavit in
writing, made by some responsible person, of the nature and cause of the accusation, which, on
arraignment, shall be read to the accused in open court, and opportunity given for the entering of
such plea thereto as he may voluntarily wish or elect to do.
(b) Every person accused shall have the privilege of defending himself, by counsel or by himself, or
both, as to him may seem proper; and no one shall be fined or punished without opportunity of being
heard in his defense.
(c) On a plea of "not guilty" being entered, the court shall proceed with the trial of the cause, unless for
reasons the cause be continued as provided in section 18-10. On the trial the accused shall be
confronted by the witnesses against him and shall have the privilege of cross examination, and shall
have compulsory process for obtaining witnesses in his own behalf before and during the progress of
the trial.
State Law reference Appointment of public defenders, MCA 1972, 21-23-7.

Sec. 18-10. - Continuances authorized.
The city shall announce first, if it is ready for trial. All applications for continuances shall be
addressed to the sound discretion of the court; and where the ends of justice appear to require it, cases
may be continued.
Sec. 18-11. - Determination of sentence.

If, after hearing the evidence, on a plea of not guilty, it is determined by the court that the defendant
is guilty as charged, or if the defendant on arraignment enters a plea of guilty, the municipal judge shall
impose such penalty, authorized by law, as in his discretion, may seem right and just under the
circumstances.
Sec. 18-12. - Authority to dismiss petty offenders.

In prosecution for petty offenses, the municipal judge, if, in his discretion, the ends of justice will be
conserved thereby, may, on motion, dismiss the proceedings and discharge the defendant, upon the
payment of all or such part of the costs as the municipal judge, in his discretion, may require; provided,
the party injured, if there be such party interested, shall acknowledge to have received satisfaction.
Sec. 18-13. - Authority to require peace bond.

In all cases where there is reason to apprehend any person for a breach of the peace, or violation of
any ordinance, or where any person is convicted of any violation of any ordinance, the municipal judge
may require bond, with good security, in such an amount as he may deem reasonable, that such person
shall be of good behavior for a term not exceeding twelve (12) months. If the person shall neglect or
refuse to give such bond, he shall be punished as the municipal judge may require, not to exceed the
limits of section 1-8 of this Code.
Sec. 18-14. - Disposition of funds collected by court.

All fines and costs and penalties for violations of law in cases tried in the municipal court, and all
forfeitures on bonds and recognizances in such court, shall be for the use and benefit of the city, and
when collected shall be immediately deposited in an official city depository after receiving a receipt
warrant from the city clerk. The city treasurer shall place such moneys to the credit of the general fund.
Sec. 18-15. - Probation program.
Page 275
(a) There is hereby established the Tupelo Municipal Court Probation Program pursuant to MCA 1972,
21-23-1 et seq., and related statutes, as a system of intervention with the purpose of providing
rehabilitation and monitoring of an offender's behavior with the hope that further or repeat offenses,
or a more serious violation of the law will not occur for this offender, that the offender can be assisted
in relieving any situation which may have contributed to the offense, and that the offender and
community may be better served thereby.
(b) The responsibility of carrying out the provisions and guidelines of this program shall devolve on the
mayor and board of aldermen through the municipal court and judge and the municipal court
probation counselors or case management specialists, who shall be vested with the charge,
administration, and custody of persons under the program. Enforcement power shall vest in the
municipal court by contempt power or other measures under the law available to the court.
(c) Upon conviction by or plea of guilty or nolo contendere to the municipal court, the court, when
satisfied that the ends of justice and the best interest of the public as well as the offender will be
served thereby, may suspend the imposition or execution of sentence, or any part thereof, and place
the offender on probation for such period and upon such terms and conditions as the court deems
best.
(d) Probation may be granted whether the offense is punishable by fine or imprisonment or both. If an
offense is punishable by both fine and imprisonment, the court may impose a fine and place the
defendant on probation as to imprisonment. Probation may be limited to one (1) or more courts, but,
in the absence of express limitation shall extend to the entire sentence and judgment.
(e) The court may revoke or modify any condition of probation, or may change the period of probation,
but the entire period of probation, together with any extensions thereof, shall not exceed six (6)
months in duration.
(f)
While on probation and among the conditions thereof, the defendant may be required to:
(1) Pay a fine in one (1) or several sums;
(2) Make restitution or reparation to aggrieved parties for actual damages or loss caused by the
offense for which conviction was had;
(3) Avoid persons or places of disreputable or harmful character;
(4) Perform public service work pursuant to the municipal court service program and the conditions
and requirements thereof;
(5) Remain within a specified area;
(6) Work faithfully at suitable employment so far as possible and provide for the support for any
persons for whose support he is legally responsible;
(7) Complete initial information questionnaires and supply other information during the probation
period.
(g) The probationer shall:

(1) Commit no offense against the laws of this municipality, this state, or any other state, or of the
United States;
(2) Report to the probation counselor as directed.
(h) A person who fails to complete the conditions of his probation or who is charged with another offense
within a year will be subject to revocation of the suspended portion of his sentence for the probation
offense in addition to the penalty for the second offense, but the offender's liability for any fine or
other punishment imposed as to which probation is granted, shall be fully discharged by the
fulfillment of the terms and conditions of probation.
(i)
At any time within the probation period, the court may issue a warrant for the probationer's arrest for
violation of probation occurring during probation period. As speedily as possible after arrest, the
probationer shall be taken before the court. Thereupon, the court may revoke the probation and
Page 276
require the offender to serve the sentence imposed, or any lesser sentence, and, if imposition of
sentence was suspended, may impose any sentence which might originally have been imposed.
(j)
The probation counselor shall be charged with the presentence, administrative, record keeping and
reporting, and counseling functions of the program and shall act as liaison between the municipal
court and the offender as well as between the court and defense attorneys. The probation counselor
shall furnish to each probationer under his supervision a written statement of the conditions of
probation and shall instruct him regarding the same.
(k) The probation counselor shall keep informed concerning the conduct and condition of each
probationer under his supervision and shall report thereon to the court. He shall use all suitable
methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring
about improvements in their conduct and condition. Included in, but not limited to, the above duty,
the probation counselor shall use a referral and treatment system for offenders of misdemeanor
violations. The system shall include, where appropriate, comprehensive presentence investigations,
initial and followup interviews, and either/or individualized one-to-one counseling, group therapy or
structured intervention, and the Mississippi Alcohol Safety Education Program (MASEP).
(l)
The probation counselors are hereby authorized to make and accept referrals to and by local
agencies, such as Region III Mental Complex, Harbor House, Alcoholics Anonymous, Vocational
Rehabilitation Center, Lee County Youth Corp., local physicians for substance abuse problems, and
other state and local social service agencies. Referrals will be to these agencies for individuals who
need more intensive treatment or services than what the municipal court probation program can
provide.
(m) The probation counselors shall keep detailed records of their work; shall keep accurate and complete
accounts of all monies collected from persons under their supervision, shall give receipts therefor,
and shall make at least monthly returns thereof, and compile yearly financial reports; and shall
perform such other duties as the court may direct.
(n) Appropriate and approved forms shall be executed by the municipal judge, court clerk, probation
counselors, and offenders (and their attorneys, if applicable), and shall be filed with the record of the
case.
(o) As guaranteed by the Privacy Act of 1974, the confidentiality of all information gathered under the
program will be strictly enforced and the data obtained will be available only to authorized program
personnel for specified program purposes. Data that are released will be in group summary form
only, and no individual will be identified.
(p) If expectations concerning arrest and conviction rates are met, the municipal court probation
program's budget would be obtained by funding provided for by the misdemeanor offenses which
this program would serve. Fines would be collected in the usual manner. Operating expenses would
be paid out of the city fund. The probation counselors along with the city clerk will be responsible to
monitor the number and types of misdemeanor offenses brought before the municipal court. From
this information, a monetary total will be obtained concerning the amount of monies that should be
earmarked for the municipal court probation program. The probation counselors shall be considered
and dealt with as city employees ultimately responsible to the mayor and board of aldermen. The
probation counselors shall be directly responsible to and under the supervision and direction of the
municipal court judge, the chief of police, and the city prosecutor's office.
(q) This section shall be filed with the clerk for public record as general written guidelines for the
program but it is not intended to be all-inclusive and may be amended and expanded upon by the
mayor and board of aldermen or by the court.
(r)
This section shall be in addition and supplementary to other ordinances which are not in conflict with
this section.
(Ord. of 12-1-81(1), 117)
Page 277
Sec. 18-16. - Public service program.

(a) There is hereby established the Tupelo Municipal Court Public Service Program pursuant to MCA
1972, 21-23-1 et seq., 47-1-41 through 47-1-47 and related statutes.
(b) The responsibility of carrying out the provisions and guidelines of the program established by this
section shall devolve on the mayor and board of aldermen through the municipal court and judge and
the persons hereinafter named and vested with the municipal court by contempt power or other
measures under the law available to the court.
(c) Upon conviction by or plea of guilty or nolo contendere to the municipal court, the court, where the
objects of justice would be more likely met and when it is in the best interest of the city, may in its
discretion sentence an offender as a condition of the suspension of sentence or the execution of
sentence or any part thereof or as an alternative to imposition of fine and/or incarceration, to a period
of public service. Public service work shall be with one (1) of the departments of the city, or other
exclusively public agency or organization designated by the mayor and board of aldermen and
approved by the court. The sentence shall be specific as to the number of hours to be worked and
shall be commensurate with the fine and/or imprisonment that would ordinarily have been imposed.
A combination of fine and public service work may be ordered by the court.
(d) In cases where the municipal court has imposed sentence of fine and payment of costs therefor, and
the offender fails to do so, the municipal court may order the offender to satisfy such fine and costs
by performing public service work in one (1) of the departments of the city, or other exclusively public
agency or organization designated by the mayor and board of aldermen and approved by the court.
The offender shall be credited toward satisfaction of his fine at a monetary rate per hour
commensurate with the hourly rate of compensation ordinarily paid for work similar to the work being
performed by the offender, until such fine and costs are fully paid. The minimum monetary credit
shall be the rate of the highest current federal minimum wage.
(e) In cases where an offender to serve a sentence of incarceration such an offender may voluntarily
request that the court place him in the program. The court in its discretion may so order taking into
consideration the nature of the offense, the public safety and welfare, the reasons for its original
sentence of confinement and other factors thereof.
(f)
An offender shall not be incarcerated if the offender is financially unable to pay a fine and so states
to the court in writing, under oath, after sentence is pronounced, and the court so finds (except if the
offender failed or refused to comply with a prior sentence pursuant to MCA 1972, 99-19-20), but
such an offender may be required to perform public service work as prescribed herein.
(g) The municipal court probation counselors shall be charged with the presentence, administrative,
record keeping and reporting, and counseling functions of the program. For potential program eligible
offenders or at the court's request, a presentence report shall be made consisting of the offender's
criminal history, education level, employment history, ability of the offender to perform work, the
financial resources of the defendant, the other obligations (primarily family) of the defendant, and
such other information as the court may deem necessary. The probation counselors shall furnish to
each offender ordered under their supervision a written statement of the conditions of the program,
probation, or suspension and shall instruct him regarding the same. They shall keep detailed records
of their work and shall make such reports in writing as the court or the mayor and board may require.
(h) The chief executive of each city department or the head of the approved agency or organization
(which individual shall also be approved by the mayor, board, and court), shall have custody and
charge of any offender ordered by the court to perform public service work in that department,
agency or organization, while the offender is at work. Such executive shall determine what is to be
done (depending upon the needs of the city, the agency, or the organization, and the ability of the
offender) and determine the rate of monetary credit. The executive shall provide reasonable
supervision of the offender either in person or by deputy. Such executive or approved agency head
shall report on a form provided by the court, to the probation counselors, who shall in turn report to
the court, whether the performance of the offender is satisfactory or unsatisfactory.
Page 278
(i)
Inherently dangerous work shall not be assigned to offenders. An offender shall not be required to
work in excess of the hours ordered by the court or in excess of the amount required for satisfaction
of his fine and costs. No offender shall be allowed to labor more than eight (8) hours per day, but
shall be required, when able, to perform eight (8) hours' labor each day. Where appropriate and in
the discretion of the court, weekend public service may be ordered.
(j)
When assigned to perform public service work by the court, the offender must report at the time and
place ordered by the court and his supervisor/counselor and must render satisfactory and full
performance. If substantial compliance with the program or satisfactory performance of the public
service work is not rendered the offender may be charged with contempt of court and if convicted
may be sentenced as provided by law.
(k) Offenders ordered to perform public service under this program shall be deemed, unless otherwise
ordered by the court, on probation with the municipal court probation program and subject to the
conditions and requirements thereof.
(l)
Appropriate and approved forms shall be executed by the municipal judge, department executive or
agency head, probation counselors, and offenders and shall be filed with the record of the case. The
municipal court clerk shall keep a record of the satisfaction of fines under this program and make it a
part of the annual report of the municipal court.
(m) In the spirit of cooperation and mutual benefit, the mayor and board of aldermen are authorized to
extend the program by agreeing with the county board of supervisors, court justice courts, or county
circuit court on terms for the working of the municipal offenders with the public works programs of the
county and they in turn reciprocating whenever appropriate, with the working of county offenders in
the municipal program. In so doing, the mayor and board of aldermen shall not agree to credit more
per working time period for the labor of any county offender than in its judgment such labor is worth
to the city, in order that in working of such county offenders the city shall not do so at a loss.
(n) This section shall be filed with the clerk for public record as general written guidelines for the
program but is not intended to be all-inclusive and may be amended and expanded upon by the
mayor and board of aldermen or the court.
(o) This section shall be in addition and supplementary to other ordinances which are not in conflict
herewith.
(Ord. of 12-1-81(2), 115)

Chapter 19 - OFFENSES AND MISCELLANEOUS PROVISIONS
FOOTNOTE(S):
--- (1) --Cross reference General penalty for code violations, 1-8; airport rules and regulations, 4-41 et
seq.; alcoholic beverages, Ch. 5; emergency management, Ch. 9; municipal court, Ch. 18; police, Ch. 22
Sec. 19-1. - State misdemeanors declared offenses against city.

(a) All offenses against the laws of the state amounting to misdemeanors, and of less grade than a
felony, shall be offenses against the city when committed within the corporate limits of the city, and
anyone found guilty of any such offense shall be punished as provided in subsection (b) hereof.
Page 279
(b) Any person or entity found guilty of a violation of state law or a violation of an ordinance of the city
shall be punished by a fine or imprisonment in the city jail, or both. The amount of the fine and the
length of the imprisonment shall not exceed the limitations established by MCA 1972, 21-13-1, as
amended.
(Ord. of 5-15-90, 1, 2)
State Law reference Authority to prohibit act constituting misdemeanors under state law,
MCA 1972, 21-19-15; misdemeanors under state penal laws as criminal offenses against
municipalities, MCA 1972, 21-13-19.
Editor's note Ord. of 4-18-95, 1, set out provisions establishing a curfew for minors under
the age of 18 which superceded the provisions of 19-2. Formerly, said section pertained to
curfews for minors. See 19-5119-56 for provisions pertaining to curfews for minors.
Sec. 19-3. - Discharge of firearms and similar weapons.
The firing, shooting or discharge of any firearm as defined in section 19-4(a)(1) of the Code of
Ordinances or of any pellet gun or BB gun is prohibited within the city limits; provided, however, that this
section shall not apply to any law enforcement officer in the lawful exercise duty within the course and
scope of employment nor shall it apply to government owned and operated firing ranges. The prohibitions
contained in this section shall apply to the shooting or discharge of paint-ball guns, except where the
projectile is fired and strikes on private property by permission of the landowner for sports-related
activities where participants are wearing protective face masks. The use of starter's pistols for bona fide
sporting events, which do not emit projectiles, are not prohibited.
(Ord. of 11-7-00, 2)
Editor's note Ord. of 11-7-00, 2, amended 19-3 in its entirety. Formerly said section
pertained to similar subject matter.
State Law reference Discharge of firearms on state property, MCA 1972, 29-5-89;
authority of municipality to regulate discharge of firearms, MCA 1972, 45-9-53.
Sec. 19-4. - Possession of firearms and dangerous weapons in designated places and at events.
(a) Definitions. As used in this section, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
(1) Firearm: "Firearm" means any device, by whatever name known, which is designed to expel a
projectile by the action of an explosion, rapid expansion of gas, or escape of gas with sufficient
velocity to cause bodily harm, including, but not limited to, a handgun, pistol, air-gun, revolver,
rifle, or shotgun.
(2) Dangerous weapon: The term "dangerous weapon" shall mean automatic knives, other knives,
the cutting blade of which is longer than three and one-half (3) inches, and any device
designed to enhance the impact of a blow to the body, including metallic knuckles or blackjacks.
(3) Possess: "Possess" shall mean carrying, holding or storing a firearm or dangerous weapon on
the person, whether in hand, in a holster or sheath, in a pocket or in clothing or in a container
Page 280
held, carried or transported with an individual, but shall not mean storage in a vehicle as long as
the firearm or dangerous weapon is stored.
(b) Prohibition. Notwithstanding any permit or license, no individual within the city may possess a firearm
or dangerous weapon:
(1) At a public park or at a public meeting of a governmental body within the corporate limits;
(2) At a political rally, parade, or public meeting (except of bona fide military or firearm exhibitions);
(3) At a school, college or professional event, including, but not limited to, an athletic event, a
concert, or lecture;
(4) In or upon the premises of any financial institution;
(5) In the buildings of any shopping center, shopping mall or other retail commercial establishment;
(6) In or upon the premises of any establishment which permits on-premises consumption of beer,
wine or other alcoholic beverage; or
(7) In or upon any city, county or other governmentally owned building or property.
(c) Exceptions. The prohibition contained in section 19-4(b) shall not apply if the firearm or dangerous
weapon is in or carried to and from an area for use in a lawful hunting, fishing, or other weaponrelated sporting event or demonstration, or to or from point of purchase/point of repair or certified
firearm training facility and the firearm or dangerous weapon is of the type commonly used in the
activity. Concealment of a portion or all of a firearm or dangerous weapon on the person of an
individual, or in material or things carried by such an individual at the places or events set forth in
section 19-4(b) shall raise a legal presumption that the possession of the firearm or dangerous
weapon is not excepted from the prohibition. The prohibition contained in section 19-4(b) shall not
apply to peace officers, military personnel on duties assigned, security guards, authorized
employees of the city, or authorized law enforcement officers.
(Ord. of 11-12-90, 24)

Editor's note Provisions enacted by 24 of an ordinance adopted Nov. 12, 1990, have
been included herein at the discretion of the editor as 19-4
Sec. 19-5. - Use of tobacco products at polling places on municipal election days.
(a) The smoking, chewing or use of tobacco and tobacco products are prohibited at municipal polling
places on municipal election days; provided, however, that nothing in this section shall prevent the
private owner of a facility where a polling place is located from designating an area outside the room
where the election is held as an area where tobacco and tobacco products may be used, at the
owner's sole discretion.
(b) The prohibition against the use of tobacco and tobacco products at polling places shall commence
thirty (30) minutes prior to the opening of the polls and shall continue through and until all election
workers have completed their work on election day and vacated the premises. Persons involved with
setting up and removing voting machines on the day before and the day after a municipal election
shall not use tobacco and tobacco products while physically in the polling place.
(c) The Tupelo Elections Commission shall be charged with informing all election workers and bailiffs of
the prohibitions contained in this section. Bailiffs shall erect `"no smoking" signs prior to the opening
of the polls, and any person not complying therewith shall be subject to a citation, returnable to
municipal court. The fine for violation of this section shall be twenty-five dollars ($25.00).
(d) All bailiffs and police officers of the City of Tupelo shall be responsible for the enforcement of this
section.
Page 281
(Ord. of 4-21-92, 14)

Editor's note Provisions enacted by 14 of an ordinance adopted April 21, 1992, have
been included herein at the discretion of the editor as 19-5
ARTICLE II. - NOISE
Sec. 19-21. - Unreasonably loud, disturbing or unnecessary noise.

It shall be unlawful for any person to create, assist in creating, permit, continue or permit the
continuance of any unreasonably loud, disturbing or unnecessary noise in the city.
State Law reference Authority of municipalities to regulate nuisances, MCA 1972, 21-191; shooting range noise regulation, MCA 1972, 95-13-1.
Sec. 19-22. - Operation of vehicles generally.
It shall be unlawful for any person in the operation of a motor vehicle to cause, suffer or allow any
loud, excessive or unusual noise in the operation or use of such motor vehicle upon any of the streets of
the city.
State Law reference Vehicle noise regulation, MCA 1972, 63-7-55.

Sec. 19-23. - Sounding horns or signaling devices.
It shall be unlawful for the operator of any automobile, motorcycle, truck, bus or other vehicle to
sound any horn or audible signal device in any other manner or circumstances or for any other purpose
than required by law.
Sec. 19-24. - Metal rails, pillars, etc., in transportation.

It shall be unlawful for any person to transport rails, pillars or columns of iron, steel or other material
over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so
loaded as to cause loud noises or so as to disturb the peace and quiet of such streets or other public
places.
Sec. 19-25. - Blowing steam whistles, electric horns, etc.

Except as required by law, no person shall blow or cause to be blown within the city any steam
whistle, electric horn or other sound-producing device except as alarm signals in case of fire or collision
or other imminent danger.
Sec. 19-26. - Racing engines of vehicles.

It shall be unlawful for any person to race the engine of any motor vehicle while such vehicle is not in
motion, except when necessary to do so in the course of repairing, adjusting or testing the same.
Sec. 19-27. - Noises in connection with loading or unloading of vehicles.
Page 282
It shall be unlawful for any person to use or permit to be used any automobile, truck, bus, motorcycle
or other vehicle, engine, stationary or moving, instrument, device or other thing so out of repair, or so
loaded in such a manner as to create any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers.
Sec. 19-28. - Radios, mechanical musical instrumentsGenerally.

It shall be unlawful for any person to maintain and operate in any building or on any premises in the
city any radio device or mechanical musical instrument or device of any kind whereby the sound
therefrom is cast directly upon the public streets and places in such a manner as to create unreasonably
loud, excessive or disturbing noises and where such device is maintained and operated for advertising
purposes or for the purpose of attracting the attention of the passing public, or which is so placed and
operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of travelers
upon any street, park or public place or of persons on neighboring premises.
Sec. 19-29. - SamePlaying after 11:30 p.m.

It shall be unlawful for any person to play any radio, phonograph or musical instrument in such a
manner or with such volume, particularly between 11:00 p.m. and 6:00 a.m., as to annoy or disturb the
quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
Sec. 19-30. - SameOperating so as to constitute public nuisance.

It shall be unlawful for any person to operate, cause or permit to be operated any instrument of
sound-producing or sound-amplifying device so loudly as to unreasonably disturb persons in the vicinity
thereof or in such a manner as renders the same a public nuisance.
Sec. 19-31. - SamePermit for special occasions.

Upon application to the mayor and board of aldermen, permits may be granted to responsible
organizations to broadcast programs of music, speeches or general entertainment as a part and in
recognition of the community celebration of national, state or city events, public festivals or outstanding
events of a noncommercial character, provided that traffic on the streets is not obstructed by reason
thereof.

Sec. 19-31.1. - Regulation of maximum sound level of vehicular audio systems.
(a) Definitions. As used in this section, the following terms have the meanings indicated:
(1) Audio systemmeans any device or combination of devices designed for the production,
reproduction or amplification of sound including, but not limited to, any radio, stereo, tape deck,
compact disc player or loudspeaker, which is operated in, installed in or powered by a motor
vehicle.
(2) Decibel (db) means a unit for measuring the volume of a sound, equal to twenty (20) times the
logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).
(3) Sound level meter means an instrument which includes a microphone, amplifier, RMS detector,
integrator or time averager, output meter, and weighting networks used to measure sound
pressure levels.
(4) Sound level means the weighted sound pressure level obtained by the use of a sound level
meter and frequency weighting network, such as A, B, or C as specified in American National
Standards Institute specifications for sound level meters (ANSI 1.4-1971, or the latest
approved revisions thereof). Readings shall be made on the C-weighting scale.
Page 283
(5) Sound pressure level means twenty (20) times the logarithm to the base 10 of the ratio of the
-6
2
RMS sound pressure to the reference pressure of twenty (20) micropascals (20 10 N/m ).
The sound pressure level is denoted Lp or SPL and is expressed in decibels.
(6) The terms "motor vehicle," "authorized emergency vehicle" and "highway" shall have the
meanings ascribed by Mississippi's; Uniform Highway Traffic Regulations LawRules of the
Road.
(b) Regulations. It shall be unlawful for any person to operate or cause to be operated an audio system,
in a motor vehicle driven, standing or parked on a highway or within fifty (50) feet of a highway within
the city, so as to produce a C-weighted sound level in excess of sixty (60) dB(C) measured at, or
adjusted to, a distance of fifty (50) feet from said motor vehicle unless said system is being operated
to request assistance or warn of a hazardous situation.
(c) Measurement of sound. The measurement of sound shall be made with a sound level meter meeting
the standards prescribed by the American National Standards Institute. The instruments shall be
maintained in calibration and good working order. Measurements recorded shall be taken so as to
provide a proper representation of the sound source.
(d) Exceptions.
(1) This section shall not apply to authorized emergency vehicles responding to emergency calls or
in the immediate pursuit of an actual or suspected violator of the law.
(2) This section shall not apply to audio systems of sound trucks or vehicles in parades,
processions or public demonstrations provided that the operator thereof obtains and operates
such audio systems in accordance with the permit required by other provisions of the laws of
the city.
(e) Penalty. Any person violating any of the provisions of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined no more than one thousand dollars
($1,000.00) and incarcerated no more than six (6) months in jail for each such violation.
(Ord. of 9-18-90, 16)

Sec. 19-32. - Use of bells, gongs, etc., to attract attention.
It shall be unlawful for any person to make any noise upon a public street or in such proximity thereto
as to be distinctly and loudly audible upon such street by any kind of crying, calling or shouting, or by
means of any whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device
for the purpose of attracting attention or of inviting patronage of any persons to any business whatever.
Sec. 19-33. - Building operations.

It shall be unlawful for any person in conducting any building operations between the hours of 8:00
p.m. and 6:00 a.m. to operate or use any pile-drivers, steam shovels, pneumatic hammers, derricks,
steam or electric hoists or other apparatus, the use of which is attended with loud or unusual noise, in any
block in which more than half of the buildings on either side of the street are used exclusively for
residence purposes.
Cross reference Buildings and building regulations, Ch. 7

Sec. 19-34. - Audible signal alarm devices.
(a) The following requirements as to audible signal alarm devices shall apply to all buildings in the city.
Page 284
(b) An "audible signal alarm device" shall mean any mechanism, equipment or system which is
designed to operate automatically through the use or emission of an audible signal, message or
warning.
(c) It shall be unlawful for the owner or occupant of any building in the city to cause or allow such
building to contain or otherwise use an audible signal alarm device unless there is filed with the
police department and posted on one (1) or more of the usual entrances to the building, in a
conspicuous place and manner visible from without the entrance, a list of names and telephone
numbers of persons who have access to and can shut down the device in the event the device is
triggered or otherwise emits an audible signal or noise.
(d) It shall be the duty of the owner or occupant to ensure that one (1) or more of the persons whose
telephone numbers are so listed shall be available at those telephone numbers at all hours and
times, or in the alternative, that the owner or occupant notify the chief of police of the city, or such
person as the chief of police may designate, of the telephone number or numbers at which one (1) or
more of those persons may be reached.
(e) Violation of this section or failure to comply with any of its provisions shall be a misdemeanor.
Sec. 19-35. - Animals.

It shall be unlawful for any person to keep any animal which by causing frequent or long-continued
noise shall disturb the comfort or repose of any persons in the vicinity.
Cross reference Animals making excessive noise, 6-7

Sec. 19-36. - Hawkers, peddlers, etc.
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the
neighborhood is hereby prohibited.
Sec. 19-37. - Schools, courts, churches, hospitals.

It shall be unlawful for any person to create any excessive noise on any street adjacent to any
school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients
in the hospital, provided conspicuous signs are displayed in such street indicating that the same is a
school, hospital or court street.
Sec. 19-38. - Yelling, shouting, etc.

It shall be unlawful for any person to yell, shout, hoot, whistle or sing on the public streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of
residence, or of any persons in the vicinity.
Secs. 19-39, 19-40. - Reserved.

ARTICLE III. - SOUND TRUCKS AND AMPLIFIERS

It shall be unlawful to operate any sound truck or sound amplifier on the streets or other public ways
of the city unless a permit therefor has been secured from the chief of police.
Page 285
(Ord. of 11-6-79, 1(A))

To secure the permit required by section 19-41, written application shall be made to the chief of
police. Such application shall describe the sound amplification equipment to be used, the purpose for
which such equipment will be used, and the applicant shall demonstrate to the chief of police the noise
level to be emitted by the equipment.
(Ord. of 11-6-79, 1(B))

Sec. 19-43. - SameIssuance.
The chief of police shall grant a written permit, without charge, for the use of the sound truck and/or
sound amplification equipment subject to the further restrictions of this article.
(Ord. of 11-6-79, 1(D))

Sec. 19-44. - SameAppeal from denial.
If any application for a permit under this article is denied after the filing of a proper application
therefor, the applicant shall have the right to have the mayor and board of aldermen consider the
application immediately and to pass on whether the requested permit should be issued or not by filing
with the city clerk a written request for a review of the action of the chief of police with respect to the
application. Such review shall be heard within twenty-four (24) hours after the filing of the request with the
clerk of the city, and the applicant shall have the right to appear before the mayor and board of aldermen
and to present proof in support of the application. The mayor and board of aldermen shall without delay
pass on the question of whether the permit should be issued or not, and if they are of the opinion that the
permit should be issued, the same shall be issued forthwith. If the mayor and board of aldermen deny the
permit, such action shall be subject to appeal as provided by law.
(Ord. of 11-6-79, 4)
Sec. 19-45. - SameTerm.
Each permit granted under this article shall be effective for one (1) day only.
(Ord. of 11-6-79, 1(C))

Sec. 19-46. - Noise restriction.
A sound truck or sound amplification equipment operated on the streets of the city shall not emit loud
and raucous noises.
(Ord. of 11-6-79, 2)
Sec. 19-47. - Violations; penalty.
Page 286
Any person found guilty of violating the provisions of this article shall be guilty of a misdemeanor and
shall be punished as provided in section 1-8 of this Code.
(Ord. of 11-6-79, 5)
ARTICLE IV. - MINORS
FOOTNOTE(S):
--- (2) --Editor's noteOrd. of 4-18-95, 16, set out provisions pertaining to curfews for minors included
herein as 19-5119-56. For the purposes of classification, the title of Art. IV has been changed to
better reflect the provisions contained herein at the editor's discretion. Formerly, said article title pertained
to daytime curfew regulations.
DIVISION 1. - CURFEWS
FOOTNOTE(S):
--- (3) --State Law reference Municipal authority to restrict movement of public, MCA 1972, 21-19-17.
Sec. 19-51. - Title.

This division may be referred to as the "Curfew Ordinance".
(Ord. of 1-18-94, 1; Ord. of 4-18-95, 1)

For the purpose of this division, the following definitions shall apply:
City means the City of Tupelo, Mississippi with offices at City Hall, 117 North Broadway, Tupelo,
Mississippi.
Compulsory school age childmeans a child who has attained or will attain the age of six (6) years on
or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on
or before September 1 of the calendar year.
Minor or juvenile means only an unemancipated person who has not reached the age of eighteen
(18) years.
Parent means any person having legal physical custody of a minor (i) as a natural or adoptive
parent; (ii) as a legal guardian; or (iii) as a person to whom legal physical custody has been given by
order of the court.
Public place means any place to which the public or a substantial group of the public has access and
includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, restaurants and shops.
Page 287
Remain means to stay behind, to tarry and to stay unnecessarily upon the streets. In the interest of
precaution and precision, numerous exceptions are expressly defined in section 19-54 of this division so
that it is not a mere prohibitory or presence type curfew division.
Street means a way or place open to the use of the public as a matter or right for purposes of
vehicular travel.

(a) It shall be unlawful for any compulsory school age child to remain in or upon any public street,
highway, park, sidewalk, or other public place within the city between the hours of 8:30 a.m. until
2:00 p.m. each Monday through Friday during the school term in which compulsory school age
children are to be enrolled in a public or private legitimate non-public school, as required by the
Mississippi Compulsory School Attendance Law (MCA 1972 37-13-91);
(b) It shall be unlawful for any minor to remain in or upon any public street, highway, park, sidewalk or
other public place within the city between the hours of 11:00 p.m. on any Sunday through Thursday
until 6:00 a.m. of the following day and from 12:01 a.m. to 6:00 a.m. on any Friday or Saturday.
(c) It shall be unlawful for a parent of a minor to knowingly permit or by inefficient control to allow such
minor to be or remain upon any city street under circumstances not constituting an exception to this
curfew division. The term "knowingly" includes knowledge which a parent should reasonably be
expected to have concerning the whereabouts of a minor in that parent's legal custody.
(Ord. of 1-18-94, 3; Ord. of 4-18-95, 3)

Sec. 19-54. - Exceptions.
The following shall constitute valid exceptions to the operation of the curfew:
(1) At anytime, if a minor is accompanied by his or her parent;
(2) When a minor accompanied by an adult authorized by a parent of such minor to take the
parent's place in accompanying the minor for a designated period of time and for a designated
purpose;
(3) If the minor is legally employed, for the period from forty-five (45) minutes before to forty-five
(45) minutes after work, while going directly between his or her home or school and place of
work. This exemption shall also apply if the minor is in a public place during curfew hours in the
course of his or her employment. To come within this exemption, the minor must be carrying a
written statement of employment issued by the appropriate school administrator at the school
which the minor attends or, in the event the employment is between the hours of 11:00 p.m. and
6:00 a.m., a written statement of employment by the employer.
(4) When returning home or to a school by a direct route from a school sponsored activity;
(5) When a minor exercises First Amendment rights protected by the United States Constitution,
such as free exercise of religion, freedom of speech and the right of assembly. Such minor shall
provide written notice to the city police chief signed by such minor, with his or her home address
and telephone number specifying when, where and in the manner the minor will be on the
streets in the exercise of a First Amendment right if during hours when the curfew is applicable;
(6) When a minor is, with parental consent, in a motor vehicle engaged in bona fide interstate travel
through the city;
(7) Any exception set forth in the text of the Mississippi Compulsory School Attendance Law, MCA
1972 37-13-91;
Page 288
(8) When a minor is involved in an emergency situation.
(Ord. of 1-18-94, 4; Ord. of 4-18-95, 4)

Sec. 19-55. - Violations.
(a) Before taking any enforcement action under this section, a police officer of the city shall ask the
apparent offender's age and reason for being in the public place or establishment. The officer should
not issue a citation or make an arrest under this section unless the officer reasonably believes that
an offense has occurred and that based on any response and other circumstances, no defense as
provided in section 19-54 is present.
(b) A police officer of the city who has probable cause to believe that a minor is in violation of this
division shall, in his/her discretion, issue a citation to the minor and/or shall issue a citation and
escort the minor to the minor's home and/or shall issue a citation and transport the minor to a facility
designated by the city chief of police or the Lee County Youth Court.
Copies of all citations issued to a minor will be forwarded to a Lee County juvenile officer and the city
detective division. The city detective division will send a letter to the minor's parents informing the parents
of the minor's violation of the division.
If a minor is taken to a designated facility, the minor's parent shall be immediately contacted. If, after this
contact, there is still probable cause to believe that the minor was violating this division, the minor shall be
held until a parent comes to take the minor home. When the parent arrives, he or she shall be given a
copy of the division and written notice of the violation with a warning that any subsequent violation will
result in full enforcement of the curfew division including enforcement of parental responsibility and
applicable penalties. If no parent has arrived within two (2) hours of detaining the minor, the minor will be
taken home by a police officer. The parent will be notified in writing by the detective division of the minor's
violation of the division.
(c) If there is a second or subsequent violation of the division by a minor, the parent shall be in violation
of section 19-53(b) of this division. The second or subsequent violation will be reported by the city
police department in a written report to the Lee County Youth Court with a copy sent to the municipal
court in order to charge the parent. The minor's second violation will be treated as the first offense by
the parent. For such first parental offense, a parent shall be fined twenty-five dollars ($25.00), plus
accompanying fees and court costs. For each subsequent offense by a parent, the fine shall be
doubled, e.g., fifty dollars ($50.00) for the second offense, one hundred dollars ($100.00) for the third
offense, but not to exceed one thousand dollars ($1,000.00);
(d) Any minor who shall violate any of the provisions of this division more than once shall be dealt with
according to the Youth Court Law of the State of Mississippi and in accordance with the directives of
the Youth Court of Lee County, Mississippi, or other court as may have jurisdiction of said minor.

The city police department is authorized, ordered and directed to enforce this division.
(Ord. of 1-18-94, 6; Ord. of 4-18-95, 6)

DIVISION 2. - TOBACCO USE
Page 289
FOOTNOTE(S):
--- (4) --Editor's noteOrd. of Aug. 5, 1997, did not specifically amend the Code; hence inclusion as 19-71
19-74 was at the discretion of the editor.
State Law reference Mississippi Adult Tobacco Use on Educational Property Act of 2000, MCA 1972,
97-32-25 et seq.; Mississippi Juvenile Tobacco Access Prevention Act of 1997, MCA 1972, 97-32-1 et
seq.
Sec. 19-71. - Use by minors prohibited.

No person under eighteen (18) years of age shall use any tobacco product within the corporate limits
of the city.
(Ord. of 8-5-97, 101)

Sec. 19-72. - Use by students prohibited.
No student of any high school, junior high school or elementary school shall use any tobacco product
on any educational property or at an educational activity within the corporate limits of the city.
(Ord. of 8-5-97, 102)

For the purpose of this division, the following definitions shall apply:
Educational activity means a school sponsored event within the city for athletic, academic, social or
entertainment purposes, attended by students, including school transportation to and from, regardless of
whether such activity is held on educational property.
Educational property means any public or private elementary or secondary school building or bus,
public or private school campus, grounds, recreational area, athletic field, or other property owned, used
or operated by a school board or board of trustees, or directors for the administration of any public or
private educational institution.
Tobacco product means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco or any other
form which may be used for smoking, chewing, inhaling or ingesting by any other means.
Use means the smoking of tobacco products, the possession of a lighted cigarette, cigar, or other
tobacco product, the chewing, oral consumption, spitting, inhaling or other ingestion of any tobacco
product or the possession of any container of tobacco spittle.
(Ord. of 8-5-97, 103)

Violation of this division shall result in a fine not to exceed one hundred dollars ($100.00).
(Ord. of 8-5-97, 104)
Page 290

ARTICLE V. - ALARM ORDINANCE
FOOTNOTE(S):
--- (5) --Editor's noteOrd. of 9-7-99, 112, did not specifically amend this Code. Hence, inclusion of said
Sec. 19-101. - Title.

This article may be referred to as the "Alarm Ordinance".
(Ord. of 9-7-99, 1)
For the purpose of this article, the following definitions shall apply:
Alarm administrator means a person or persons designated by the governing authority to administer,
control and review alarm dispatch requests.
Alarm business means the business, by an individual, partnership, corporation or other entity of
selling, leasing, maintaining, servicing, repairing, altering, replacing, moving installing or monitoring an
alarm system on an alarm site.
Alarm dispatch request means a notification to the police department or E-911 by the alarm business
that an alarm, either manual or automatic, has been activated at a particular alarm site.
Alarm site means a single premise or location served by an alarm system or systems. Each tenancy,
if served by a separate alarm system in a multi-tenant building or complex, shall be considered a
separate alarm site.
Alarm system means a device or series of devices, including, but not limited to, systems
interconnected with radio frequency signals, which are designed to discourage crime, by emitting or
transmitting a remote or audible, visual or electronic signal indicating an alarm condition. Alarm system
does not include:
(1) An alarm installed on a vehicle unless the vehicle is permanently located at a site; or
(2) An alarm designed to alert only the inhabitants of a premise that does not have a sounding
device which can be heard on the exterior of the alarm site.
Alarm user means any person, firm, partnership, corporation or other entity which uses an alarm
system in its alarm site.
Chief means the Chief of Police of the City of Tupelo, Mississippi, or his/her authorized
representative.
Conversion means the transaction or process by which one (1) alarm business begins monitoring of
an alarm system previously monitored by another alarm business.
Duress alarm means a silent alarm signal generated by the manual activation of a device intended to
signal a crisis situation requiring police or fire response.
Page 291
False alarm dispatch or false alarm means an alarm dispatch request to the police department,
where the responding officer finds no evidence of a criminal offense or attempted criminal offense after
having completed a timely investigation of the alarm site.
User's false alarm awareness class means a class operated by the governing entity for the purpose
of educating alarm users about the problems created by false alarm dispatches and in the responsible
use of their alarm system.
Holdup alarm means a silent alarm system generated by the manual activation of a device intended
to signal a robbery in progress.
Keypad means a device that allows control of an alarm system by the manual entering of a coded
sequence of numbers or letters.
Monitoring means the process by which an alarm business receives signals from an alarm system
and relays an alarm dispatch request to the city for the purpose of summoning the police response to the
alarm site.
Person means an individual, corporation, partnership, association, organization or similar entity.
Takeover means the transaction or process by which an alarm user takes over control of an existing
alarm system which was previously controlled by another alarm user.
Verify means an attempt, by the alarm business, or its representative, to contact the alarm site by
telephone or other electronic means, whether or not actual contact with a person is made, before
requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request.
(Ord. of 9-7-99, 2; Ord. of 2-15-00, 2)

Sec. 19-103. - Proper alarm systems operation and maintenance.
An alarm user shall:
(1) Maintain the premises and the alarm system in a manner that will minimize or eliminate false
alarm dispatches;
(2) Make every reasonable effort to respond or cause a representative to respond to the alarm
system's location within thirty (30) minutes once notified by the City of Tupelo to deactivate a
malfunctioning alarm system, to provide access to the premises, or to provide security for the
premises;
(3) Refrain from manually activating an alarm for any reason other than an occurrence of an event
that the alarm system was intended to report;
(4) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an
alarm signal audible on the exterior of an alarm site will sound for no longer than fifteen (15)
minutes; and
(5) An alarm user shall have a properly licensed alarm business inspect the alarm system after six
(6) false dispatches in a one-year period. After ten (10) false dispatches, the alarm user must
have a properly licensed alarm business modify the alarm system to be more false alarm
resistant or provide additional user training as appropriate.
(Ord. of 9-7-99, 3)
Sec. 19-104. - Monitoring procedures.
An alarm business performing monitoring services shall:
Page 292
(1) Attempt to verify every alarm signal, except a duress or hold up alarm activation before
requesting a police response to an alarm signal;
(2) Communicate verified cancellations of alarm dispatch request to the E-911 dispatcher as soon
as possible;
(3) Ensure that all alarm users or alarm systems equipped with duress alarms are given adequate
training as to the proper use of the duress alarm.
(Ord. of 9-7-99, 4)
Sec. 19-105. - Alarm system operating instructions.
An alarm user shall maintain at each alarm site, a set of written operating instructions for each alarm
system.
(Ord. of 9-7-99, 5)
Sec. 19-106. - Alarm dispatch request records.
(a) The E-911 dispatcher who dispatches the alarm dispatch request shall record such information as
necessary to permit the alarm administrator to maintain records, including, but not limited to, the
following information:
(1) Identification of the alarm site;
(2) Arrival time at the alarm site and dispatch time;
(3) Date and time;
(4) Weather conditions;
(5) Name of alarm user's representative on premises, if any;
(6) Identification of the alarm business and/or;
(7) The inability to locate the address.
(b) The responding police officer shall indicate to the dispatcher whether the alarm dispatch request was
caused by a criminal offense, or was a false alarm dispatch.
(c) In case of a false alarm dispatch, the responding officer shall leave notice at the alarm site that the
police department has responded to a false alarm dispatch. The notice shall include the following
information:
(1) The date and time of police response to the false alarm dispatch;
(2) The identification number of the responding police officer; and
(3) A statement urging the alarm user to ensure that the alarm system is properly operated,
inspected and serviced in order to avoid future fines.
(d) Alarm businesses which perform monitoring services must maintain for a period of at least one (1)
year following request for police dispatch to an alarm site, records relating to the dispatch. Records
must include the name, address and phone number of the alarm user, the alarm system zone(s) or
point(s) activated, the time of request for police dispatch and evidence that an attempt to verify was
made to the alarm site to the request for police dispatch. The alarm administrator may request
copies of such records for individually named alarm users.
(Ord. of 9-7-99, 6)
Page 293
Sec. 19-107. - System performance reviews.

Should the alarm administrator determines that an alarm system is not being used or maintained in a
manner that ensures proper operation and suppresses false alarms, the alarm administrator may require
a conference with an alarm user and/or the alarm business responsible for the repair of the alarm system
to review the circumstances of each false alarm.
(Ord. of 9-7-99, 7)
Sec. 19-108. - User's false alarm awareness class.
The alarm administrator shall oversee the creation and implementation of a user's false alarm
awareness class. The program shall inform the alarm users of the problems created by false alarm
dispatches and teach alarm users how to operate their alarm system without generating false alarm
dispatches. The user of the alarm system, or a designee of the user, shall attend a user's false alarm
awareness class (which shall be at no charge to the user) within fifteen (15) working days after receipt of
notice of the sixth false alarm dispatch.
(Ord. of 9-7-99, 8; Ord. of 2-15-00, 3)

Sec. 19-109. - Fines.
(a) A total number of six (6) false alarm dispatches are allowed without assessment of a fine in any
calendar year (January 1 through December 31). Documentation of the false alarm dispatched may
be established through the E-911 dispatcher, the alarm business records or police records or any
combination thereof. The responsibility for receiving notice of false alarms, and therefore false alarm
dispatches, remains with the user and the user's alarm business and the assessment of a fine shall
not be affected by the failure or the alleged failure of the alarm user to receive the notice of the police
department of the false alarm dispatch. False alarms after the sixth false alarm dispatch shall be
subject to the following fines:
Number of False
Alarm
Dispatches
Action Taken
Fines
On site written notice
$25.00
25.00
50.00
10
100.00
Page 294
and $100.00 for each false alarm thereafter.

(b) Alarm dispatch requests caused by actual criminal offense or with evidence of a criminal attempt
shall not be counted as a false alarm dispatch.
(c) Alarm dispatch requests caused by severe weather shall not be counted as a false alarm dispatch.
(Ord. of 9-7-99, 9; Ord. of 2-15-00, 4)

Sec. 19-110. - Citation and collection of fines.
(a) Upon the occurrence and documentation of the seventh false alarm, and subsequent false alarms, at
the same location during a calendar year, the alarm administrator will cause a citation to be issued to
the alarm user, returnable to the Tupelo Municipal Court, showing the date and time of a hearing for
the violation of the alarm ordinance.
(b) The alarm administrator shall serve the citation by personal service or via certified mail, return
receipt requested, upon the violating alarm user, or in the event that the alarm user is not an
individual, then upon an owner, general partner, chief operating officer or agent, by appointment or
by law, who is authorized to receive service of process.
(Ord. of 9-7-99, 10; Ord. of 2-15-00, 5)

pertained to collection of fees and is derived from Ord. of 9-7-99, 11
The City of Tupelo Police Department is authorized to enforce this article.
(Ord. of 9-7-99, 12)

ARTICLE VI. - REGULATIONS FOR DISPLAY FOR SALE OF MOTOR VEHICLES, MOTORIZED EQUIPMENT,
BOATS, TRAILERS, RECREATIONAL VEHICLES AND CAMPERS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give this article it's most reasonable
application.
In this article:
Owner shall mean a person, persons or legal entity listed as the current title holder of real property,
as recorded in the official records of the Office of the Lee County Chancery Clerk.
Page 295
Person shall mean any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility cooperative, interstate
body or other legal entity.
Right-of-way shall mean an area owned or maintained by the City of Tupelo, the State of Mississippi,
a public utility, or a private concern for the placement of such utilities and/or facilities for the passage of
vehicles or pedestrians, including roads and streets, pedestrian walkways, and utilities.
Single-family dwelling shall mean a building, or portion thereof, which is designed, arranged, or used
for permanent living quarters for one (1) family. This term shall not include an apartment, duplex,
townhouse, motel, hotel, guest house, or other structure designed for transient residence.
(Ord. of 5-4-10(3), 1)
Sec. 19-114. - Unlawful display.
(a) It shall be unlawful for any person to park and display for sale upon a public right-of-way or other
public property, or upon vacant or improved private property, any motor vehicle, salvage vehicle,
motorized equipment, boat, trailer, recreational vehicle or camper (collectively referred to as "vehicle"
or "vehicles") having displayed thereon any writing indicating such vehicle is for sale.
(b) The provisions of this article shall not apply to a vehicle parked off the public right-of-way at a singlefamily dwelling if the vehicle is owned and registered to the owner or occupant of the single-family
dwelling. No more than two (2) vehicles shall be offered for sale in this manner at any given time. No
more than eight (8) vehicles shall be offered for sale in this manner during a twelve (12) month
period.
(c) In addition to the penalties provided herein, any vehicle found to be parked on public right-of-way or
public property in violation of this article may be towed away and impounded at the vehicle owner's
expense.
(Ord. of 5-4-10(3), 1)
Sec. 19-115. - Exemption clause.
Neither this article nor any provision thereof shall apply to any person properly licensed to engage in
the business of selling vehicles as defined herein and engaging in said business only at the location
designated upon such license, or to any person undertaking business activity incidental to the primary
purpose of conducting the business to which they hold a valid license.
(Ord. of 5-4-10(3), 1)
Sec. 19-116. - Allowable permits.
Any person holding a license to operate a business shall have the right to park and display for sale
on the premises of his business a vehicle as defined herein upon issuance of a permit from the city clerk's
office under the following conditions:
(a) The permit shall be issued to the owner of the vehicle upon the vehicle owner producing proof
of ownership of the subject vehicle and written authorization of the business owner to park and
display the subject vehicle for sale on his property.
(b) The permit shall be valid for a period of thirty (30) days from and after issuance of the permit
and the permit shall be displayed on the front dashboard of the subject vehicle in a manner that
is readily visible.
Page 296
(c) No more than two (2) vehicles shall be offered for sale in this manner at any business location
at any given time and no more than eight (8) vehicles shall be offered for sale in this manner at
any business location during a twelve (12) month period.
(d) The cost of the permit is ten dollars ($10.00) and is non-refundable. The city clerk shall keep
records of all permits issued each year reflecting the identity of both the vehicle owner and
business property at which the vehicle shall be offered for sale.
(Ord. of 5-4-10(3), 1)
Any person convicted of violating any provision of this article shall be punished by a fine in an
amount not exceeding one thousand dollars ($1,000.00) at the discretion of the court trying the case.
(Ord. of 5-4-10(3), 1)
Sec. 19-118. - Each violation a separate offense.
Each day any violation of this article shall continue shall constitute a separate offense.
(Ord. of 5-4-10(3), 1)
Secs. 19-11919-130. - Reserved.
ARTICLE VII. - PROHIBITION OF THE USE, PURCHASE, POSSESSION, DISTRIBUTION, SALE OR OFFERING
FOR SALE OF SYNTHETIC CANNABINOIDS OR OTHER SYNTHETIC PRODUCTS
Sec. 19-131. - Prohibition.

No person shall use, possess, purchase, distribute, sale or attempt to use, possess, purchase,
distribute or sale or publicly display for sale any one or more of the following chemicals within the city
limits of the City of Tupelo, Mississippi:
(1) Salviadivinorum or salvinorum A: all parts of the plant presently classified botanically as salvia
divinorum, whether growing or not, the seeds thereof an extract from any part of such plant, and
every compound, manufacturate salts derivative, mixture or preparation of such plant, its seeds
or extracts;
(2) (6aR,1OaR)-9-(hydroxymethy1)-6,6dimethyl-3-(2-methyloctan-2-y1)-6a7, 10. 10atetrahydrobenzo[c]chromen-1-o1 - some trade or other names: HU-210;
(3) 1-Pentyl-3-(1-naphthoy1) indole - some trade or other names: JWH-018/spice;
(4) 1-Butyl-3-(1-naphthoyl) indole - some trade or other names: JWH-073;
(5) 1-(3-[trifluoromethylphenyl]) piperazine - some trade or other names: TFMIP;
(6) 4-methoxymethcathione and Ethylcathinone;
(7) or any similar structural analogs.
If any of the aforementioned substances shall be found in the possession of any person, unless
specifically excluded herein, the substances shall be confiscated and destroyed by law enforcement
officials.
Page 297
(Ord. of 7-20-10, 2)
Sec. 19-132. - Exemption.
It shall not be an offense under section 19-131 above of this article if a person shall be acting at the
direction of an authorized agent of the City of Tupelo, Mississippi, to enforce or ensure compliance with
this law prohibiting the use, possession, purchase, distribution or sale or the attempt to use, possess,
purchase, distribute or sale or publicly display for sale the aforementioned substances.
This article shall not apply to any person who shall commit any act described in this article pursuant
to the direction or prescription of a duly licensed physician or dentist authorized to direct or prescribe such
act. This article shall not apply to the inhalation of anesthesia for a medical or dental purpose, which
inhalation of anesthesia shall be administered by or under the supervision of a duly licensed physician or
dentist.
(Ord. of 7-20-10, 2)
Any person found to be guilty of violating this article shall be deemed guilty of a misdemeanor and
shall be punished by a fine not to exceed one thousand and 00/100 dollars ($1,000.00) or imprisonment
not exceeding six (6) months, or both.
(Ord. of 7-20-10, 2)
Chapter 20 - PARKS AND RECREATION
FOOTNOTE(S):
--- (1) --Cross reference Animals and fowl, Ch. 6; cemeteries, Ch. 8; mobile and mobile home parks, Ch. 16;
planning, Ch. 21; streets, sidewalks and other public places, Ch. 24; subdivision regulations; App. A;
zoning regulations, App. B.
State Law reference Municipal authority to regulate parks and public grounds, MCA 1972, 21-19-31.
Sec. 20-1. - Use of motor vehicles on park property restricted.

(a) The use and parking of motorized vehicles such as automobiles, trucks, motorbikes and all other
propelled vehicles on municipal park premises are hereby limited to authorized driveways and
parking areas as designated by the city.
(b) Motorized vehicles such as automobiles, trucks, motorbikes and all other propelled vehicles on park
premises are hereby prohibited and declared unlawful on all city park property, except within the
areas established by the city.
(c) Any person found guilty of a violation of this section shall be guilty of a misdemeanor and shall be
punished as provided in section 1-8 of this Code.
Page 298
(Ord. of 5-2-72, 3)
Cross reference Motor vehicles and traffic, Ch. 17
ARTICLE II. - PARK AND RECREATION ADVISORY BOARD
FOOTNOTE(S):
--- (2) --State Law reference Authority to create advisory park commission, MCA 1972, 21-37-33.
Sec. 20-10. - Creation.

The City of Tupelo Park and Recreation Advisory Board is hereby created to be composed of eight
(8) members with one (1) member being a resident selected from each of seven (7) wards of the city and
one (1) member who shall be the president of the Tupelo Youth Sports Council.
(Ord. of 12-6-94, 1; Ord. of 2-4-97, 1; Ord. of 4-21-09, 1(1))

Sec. 20-11. - Appointment and terms of office.
The Tupelo Park and Recreation Advisory Board shall consist of eight (8) members. Upon
conclusion of current terms, appointments to the board shall be as follows:
(1) The members from Ward 1, Ward 2 and Ward 3, shall be for a term of three (3) years from
January 1, 2011;
(2) The members from Ward 4 and Ward 5 shall be for a term of three (3) years from January 1,
2012;
(3) The members from Ward 6 and Ward 7 shall be for a term of three (3) years from January 1,
2010.
(4) The president of the Tupelo Sports Council, who upon election by the voting members of the
Sports League Council, shall be appointed to a two-year term.
With the exception of the Tupelo Sports Council president, all succeeding appointments for members
shall be for a term of three (3) years from January 1 of their appointment year. All members shall serve
until their successors are named and confirmed. Citizens of the city who are qualified electors shall be the
only persons eligible for appointment to and service on the Tupelo Park and Recreation Advisory Board.
Appointments to the advisory board shall be made by the mayor with the confirmation of an affirmative
vote of the majority of the city council present and voting at any meeting.

The officers of the advisory board shall be a chairman, vice-chairman and secretary, which shall be
elected by the membership of the advisory board for one (1) year terms. After the initial election, the
Page 299
annual election shall be held at the regular meeting in January of each year, and the officers shall take
office effective upon election.
(Ord. of 12-6-94, 3)
The park and recreation advisory board shall hold a regular monthly meeting on the second Tuesday
of each month at 655 Rutherford Road or as the board may designate and at a regular time which the
advisory board shall establish. The meetings will be conducted according to "Robert's Rules of Order".
The advisory board may hold special meetings by notice in call as provided in laws governing
municipalities and in accordance with the Mississippi Open Meetings Law. Five (5) members shall
constitute a quorum for the transaction of business. Minutes of the meetings shall be submitted to the city
council and the city clerk shall keep said minutes as part of the official records of the city.

The City of Tupelo Park and Recreation Advisory Board will function as an advisory board to assist
park and recreation department personnel in developing guidelines and policies in order to achieve
departmental goals and objections. Board members may be required to serve as the treasurer and/or as
board representative to all City of Tupelo Park and Recreation parent associations. Members of the
advisory board will serve on a volunteer basis. The board will serve as an advisory review for all public
recreational facilities and parks. The park and recreation advisory board will be responsible for the
approval of all proposed parks to be located or situated on City of Tupelo property. The board will work
with the Department of Parks and Recreation in developing and maintaining a five (5) year development
plan. The plan will include recommendations for:
(1) Size and location of public parks within the city limits.
(2) Facilities to be prepared at public parks within the city limits.
(3) Establishment and/or the acceptance of new parks and recreation system.
(Ord. of 12-6-94, 5; Ord. of 4-21-09, 4(5))

confirm a successor in the manner provided in section 20-11 hereof to serve out the remainder of the
term for that post. No successor may vote on any park and recreation advisory board matter until
confirmed.
Any member who fails to attend three (3) consecutive regular meetings or who fails to attend five (5)
declared, unless five (5) of the remaining members shall vote to reinstate such person within thirty (30)
The mayor may remove any member for malfeasance, non-feasance or other good cause shown.
The above requirements do not apply to the president of the Tupelo Sports League Council. Any
vacancy must be filled and any removal of this member of the park and recreation advisory board must be
by a majority vote of the voting members of the Tupelo Sports League Council.
(Ord. of 12-6-94, 6; Ord. of 2-4-97, 4)

Page 300
Chapter 21 - PLANNING
FOOTNOTE(S):
--- (1) --Cross reference Administration, Ch. 2; airport, Ch. 4; buildings and building regulations, Ch. 7;
emergency management, Ch. 9; fire prevention and protection, Ch. 10; flood damage prevention and
control, Ch. 11; mobile homes and mobile home parks, Ch. 16; parks and recreation, Ch. 20; streets,
sidewalks and public places, Ch. 24; utilities, Ch. 26; subdivision regulations, App. A; zoning regulations,
App. B.
Sec. 21-1. - Zoning and subdivision regulation fees.

Fees for variance applications, special exception applications, rezoning applications, and subdivision
applications shall be as established by the mayor and board of aldermen from time to time.
(Mo. of 5-6-86)
ARTICLE II. - RESERVED
FOOTNOTE(S):
--- (2) --Editor's noteAt the direction of the city, the provisions of former Art. II, 21-1621-27, relative to
stormwater retention and detention, have been redesignated as Ch. 26, Art. V, Div. 2, 26-18026191.
Chapter 22 - POLICE
FOOTNOTE(S):
--- (1) --Cross reference General penalty for Code violations, 1-8; administration, Ch. 2; emergency
management, Ch. 9; municipal court, Ch. 18; offenses and miscellaneous provisions, Ch. 19
Sec. 22-1. - When arrests may be made without warrant.

(a) An officer or private person may arrest any person without warrant, for an indictable offense
committed, or a breach of the peace threatened or attempted in his presence; or when a person has
committed a felony, though not in his presence; or when a felony has been committed, and he has
Page 301
reasonable grounds to suspect and believe the person proposed to be arrested to have committed it;
or on a charge, made upon reasonably cause, of the commission of a felony by the party proposed
to be arrested. And in all cases of arrests without warrant, the person making such arrest must
inform the accused of the object and cause of the arrest, except when he is in the actual commission
of the offense or is arrested on pursuit.
(b) Any law enforcement officer may arrest any person on a misdemeanor charge without having a
warrant in his possession when a warrant is in fact outstanding for the person's arrest and the officer
has knowledge through official channels that the warrant is outstanding for the person's arrest. In all
such cases, the officer making the arrest must inform such person at the time of the arrest the object
and cause therefor. If the person arrested so requests, the warrant shall be shown to him as soon as
practicable.
(Ord. of 12-4-28, 1)
Chapter 23 - RAILROADS
FOOTNOTE(S):
--- (1) --Cross reference Operation of vehicles when approaching railroad crossings, 17-59; streets,
sidewalks and public places, Ch. 24; vehicles for hire, Ch. 27
Chapter 23.5 - SOLID WASTE COLLECTION, REMOVAL AND DISPOSAL

FOOTNOTE(S):
--- (1) --Editor's noteOrd. of Dec. 19, 1995, added provisions amending Ch. 12. At the discretion of the editor,
said provisions have been included herein as a new Ch. 23.5, to read as herein set out. See the Code
Comparative Table.
Cross reference Littering at airport, 4-87; animals and fowl, Ch. 6; plumbing code, 7-96 et seq.; fire
prevention and protection, Ch. 10; flood damage prevention and control, Ch. 11; health and sanitation,
Ch. 13; garbage receptacles for mobile home parks, 16-10; street and sidewalk obstructions, 24-51 et
seq.; sewers and sewage disposal, 26-21 et seq.
State Law reference Authority to compel and regulate removal of garbage, MCA 1972, 21-19-1;
municipal duty to provide for collection and disposal of garbage, MCA 1972, 17-17-5.
Sec. 23.5-1. - Short title.

This chapter shall be known as the "Solid Waste Collection, Removal, and Disposal Ordinance" of
the city.
(Ord. of 12-19-95)
Page 302
Sec. 23.5-2. - Definitions.

As used in this chapter, the following terms shall have the following meanings:
Business, commercial or industrial establishments means all buildings or premises other than those
occupied by residential customers, as defined herein.
Commercial waste means any and all solid waste (excluding hazardous waste and excluding
industrial waste) generated by business, commercial, or industrial establishments, or the governmental
sector.
Contract hauler means any person, partnership, or corporation, other than the City of Tupelo, which
is in the business of contracting with business, commercial or industrial establishments for the collection,
removal, and disposal of commercial waste.
Contractor means the individual, partnership, or corporation who would agree to perform the work
and/or services or to furnish materials or equipment or both required by this chapter for collection,
removal and disposal of solid waste from residential customers and pursuant to the terms and conditions
of a contract between such contractor and the city for collection, removal and disposal of solid waste from
residential customers.
Hazardous waste means all waste defined as "hazardous waste" by the Federal Solid Waste
Disposal Act ("SWDA") or regulations promulgated thereunder as well as waste defined as "hazardous
waste" in MCA 1972, 17-17-3(n), as amended, and regulations promulgated by the commission on
environmental quality.
Industrial waste means commercial waste deposited for collection and removal in "roll-off" containers
approved by the department of public services for use by a business, commercial or industrial
establishment.
Residential customer means anyone residing in a dwelling unit, (not including hotels or motels) and
any other occupant of a building or premises receiving solid waste collection, removal and disposal
services without the use of rear-end and front-end loading type containers.
Solid waste means any and all "solid wastes" as defined by Mississippi law, excluding hazardous
waste as defined herein.
(Ord. of 12-19-95)
Sec. 23.5-3. - Customers' duties regarding placement of waste in containersGenerally.
All residential customers and all business, commercial, or industrial establishments within the city
shall be responsible for picking up and placing in containers approved by the city, or at curbside, as
described in section 23.5-4, any and all solid waste (other than hazardous waste) which may accumulate
on the premises of such customers or establishments. All such customers and establishments shall be
held responsible for the cleanliness of their premises. All such customers and establishments shall
provide for the removal of hazardous waste in accordance with all requirements of applicable law.
(Ord. of 12-19-95)
Sec. 23.5-4. - SameResidential customers.
All residential customers shall cause the residential waste container to be placed within five (5) feet
of the street curbline and such container shall not be behind a fence or other enclosure or obstruction so
that it is not accessible by employees of the contractor, with the exception of those residential customers
Page 303
who by reason of disability, certified by a doctor and approved by the mayor, are unable to carry the
approved containers to the street. Backdoor collection of containerized solid waste for these persons shall
be provided by the contractor at the regular rates. Uncontainerized solid waste shall be placed at the
curbside by these persons. All items to be picked up shall be easily and readily accessible by the
contractor and its employees.
(Ord. of 12-19-95)
Sec. 23.5-5. - Contractor's duties generally.
The contractor, as defined in section 23.5-2, shall within the corporate limits of the city, collect and
dispose of all solid waste collected and placed at the curb by residential customers in accordance with
this chapter, all in the manner provided for by written agreement between the contractor and the city, and
by applicable law. Collection by the contractor shall be twice per week for all residential customers in the
city. There shall be at least two (2) days intervening between the first collection of each week and the
second collection per week. No collection shall transpire on New Year's Day, Memorial Day, July 4th,
Labor Day, Thanksgiving and Christmas Day, and the weeks in which those holidays fall shall be
exceptions to the requirement for twice weekly collection.
(Ord. of 12-19-95)
Sec. 23.5-6. - Contractor to furnish residential containers; replacement.
The contractor shall furnish, without charge to the city or to the residential customers of the city, an
identical or similar residential waste container for each new residential customer within the city, and shall
replace all containers which become unusable as a result of normal wear and tear. Containers damaged
or destroyed by abuse or negligence of a customer will be replaced at the cost of the customer. In the
case of multifamily dwellings, contractor and the owner of such building may agree that service may be
provided using, as contractor's expense, commercial containers; use of such containers shall not,
however, affect classification of the occupants as residential customers.
(Ord. of 12-19-95)
Sec. 23.5-7. - Business establishments to provide own containers; placement; interference prohibited;
maintenance in sanitary condition.
(a) It shall be the duty of each business, commercial, or industrial establishment to provide a suitable
waste container of not less than two (2) cubic yards for its own use; the location of such containers
shall be at street level and at such locations as may be determined and approved by the city and
agreed to by the contract hauler. No person other than the owner or person lawfully in control of any
premises, or any authorized employee of the city, the contractor, or an authorized contract hauler
shall interfere in any manner with a container used for the accumulation or handling of solid waste, or
remove any such container from the location where it shall have been placed by authorized persons,
nor shall any such person remove the contents from any such container.
(b) It shall further be the duty of each business, commercial, or industrial establishment to maintain each
container and the area surrounding same, in a clean and sanitary condition.
(Ord. of 12-19-95)
Page 304
Sec. 23.5-8. - Preparation of tree trimmings, grass, etc., for collection.

It shall be the duty of every residential customer in the city having tree trimmings, shrubbery,
shrubbery trimmings, hedge cuttings, and the like, to cut the same in lengths not to exceed six (6) feet,
and place same within five (5) feet of the traveled portion of the street or sidewalk in a uniform and even
manner, and at the same time as provided for waste collection for residential customers above, in order
that same may be conveniently handled by the employees of the contractor. Leaves, grass clippings,
hedge and shrubbery clippings must be containerized. The contractor may refuse to remove any such
waste material unless same is placed in the manner required herein. It shall be unlawful for such trash to
be placed in side-drain ditches, gutters, or the traveled portion of the city streets in any manner other than
in an approved waste container or alternatively, in a plastic bag of a quality and quantity to be approved
by the city or the contractor.
(Ord. of 12-19-95)
Cross reference Trees generally, 24-76 et seq.
Sec. 23.5-9. - Removal of construction debris.
There shall be no obligation on the part of the city or the contractor to clean up or pick up solid waste
resulting from the construction, remodeling or demolition of buildings or other structures, which is not
placed in residential waste containers as required by this article for the removal of solid waste. It shall be
the duty and responsibility of all property owners to see that construction contractors, builders and
remodelers, tree trimming contractors, tree surgeons, landscapers, and the like remove all of the rubbish,
trimmings and trash and other solid waste resulting from their operations on the premises during the
course of and immediately following their operation so as to leave the premises free and clean of such
rubbish, trimmings, debris and other solid waste.
(Ord. of 12-19-95)
Cross reference Buildings and building regulations, Ch. 7
Sec. 23.5-10. - Use of business containers by residential customers restricted.
No residential customer shall use any business, commercial, or industrial establishment container
unless such use shall have been previously authorized by the business, commercial, or industrial
establishment, the city, or by the contract hauler which shall from time to time have a contract with the
business, commercial, or industrial establishment to handle commercial waste collection.
(Ord. of 12-19-95)
Sec. 23.5-11. - Business establishments responsible for collection, removal and disposal of own waste.
All business, commercial or industrial establishments shall be responsible for the collection, disposal,
and removal of their own waste material by contracting or otherwise agreeing with a duly permitted
contract hauler for such collection, disposal, and removal.
(Ord. of 12-19-95)
Sec. 23.5-12. - Contract haulers.
Page 305
(a) Permit required; application. It shall be unlawful for any person or entity to offer or provide solid
waste collection, disposal, and removal services within the city without a permit granted by the city. A
permit will be granted when the applicant has complied with the following conditions and any others
lawfully imposed in the future:
(1) Application. Any person desiring to secure a permit shall make application to the department of
public services on a standard application form supplied by the city.
(2) Supporting documentation. The application shall be accompanied by the following documents:
a.
A listing and description of each piece of equipment to be used in applicant's operations;
b.
Proof of liability insurance issued by a company authorized to do business in the state in

the minimum amount of one million dollars ($1,000,000.00) for death or injury to any one
(1) person in one (1) accident; three million dollars ($3,000,000.00) for death or injury to
more than one (1) person in any one (1) accident and five hundred thousand dollars
($500,000.00) for property damage, and naming the city as an additional named insured on
the policy;
c.
An agreement to indemnify the city, in form acceptable to the city, against any and all
claims, damages, losses, liabilities, fees, fines, penalties, and other losses and expenses
arising out of or related to applicant's conduct of operations;
d.
An agreement in form acceptable to the city providing that designees of the city may,
during reasonable business hours, from time to time, examine all books and records of the
applicant related to its operations in the city, and all contracts with business, commercial or
industrial establishments for solid waste collection, disposal, and removal services;
e.
A listing of all municipalities in which applicant provides solid waste collection, disposal,
and removal services in Mississippi and in Louisiana, Arkansas, Tennessee, and Alabama;
f.
Such other and further information as the city may require.
(b) Issuance of permit. The department of public services shall approve the issuance of a permit to an
applicant within thirty (30) days after receiving an application unless one (1) or more of the following
is found to be true:
(1) Applicant shall not have provided all of the documents or information required by this ordinance
or applicant shall have falsely answered a question or request for information;
(2) Applicant is overdue in his payment to the city for taxes, fines, permit fees or penalties
assessed against him or imposed upon him in relation to his operations as a contractual hauler;
(3) Applicant shall be found to be in violation of this ordinance or to have violated any other local,
state or federal law or regulation related to operations as a contract hauler hereunder;
(4) The permit fee required by this ordinance has not been paid; or
(5) The equipment to be used by the contract hauler shall fail to meet reasonable standards set by
the department of public services.
(c) Permit fee. Each contract hauler shall pay an annual permit fee to be determined as provided herein.
A contract hauler engaged in providing collection, disposal and removal services for industrial waste
only shall pay a permit fee of ten thousand dollars ($10,000.00) or such other amount as may be
fixed from time to time by resolution of the city council. The permit fee to engage in collection,
disposal and removal services for commercial waste in addition to industrial waste shall be one
hundred five thousand dollars ($105,000.00) or such other amount as may be fixed from time to time
by resolution of the city council. This fee is declared to be a regulatory fee collected for the purpose
of examination and periodic inspection of the regulated business by the city, to help defray the cost
of collection and disposal of solid waste which may be released in streets and other public areas of
the city as a result of the operations of contract haulers, as well as other costs, direct and indirect,
related to operations of contract haulers and to solid waste collection, and otherwise to provide for
the health and safety of residents. A contract hauler other than one providing services only for
Page 306
industrial waste may pay its permit fee in equal monthly installments beginning with the date on
which the permit is issued.
(d) Term of permit. All permits issued under this ordinance shall be annual permits which will expire one
(1) year from the date of issuance. From and after the date of this ordinance, it shall be unlawful for
any person to enter into or renew any agreement for solid waste collection, disposal, or removal
services that does not provide for automatic termination of such agreement upon the termination or
other revocation of the contract hauler's permit.
(e) Grounds for permit suspension or revocation. No fixed lien or property interest is acquired by a
permit issued by the city to a contract hauler under the terms of this chapter, and in addition to any of
the penalties as provided in this chapter and the forfeiture of all fees paid pursuant to paragraph (c)
above, a permit may be suspended or revoked when it shall appear:
(1) That any conditions or requirement of this chapter, including the payment of any fees required
to be paid hereunder, or any contract entered into by the city or any contract entered into with
business, commercial, or industrial establishments has been violated by the contract hauler;
(2) That the permit is being exercised in violation of this chapter or any other law or regulation
applicable to solid waste collection, removal, or disposal;
(3) That the permit is being used for a purpose detrimental to public health, peace, morals, and
order or is being used for a purpose foreign to that for which it was granted; or
(4) That any representation or information furnished by the contract hauler under this chapter prove
to be false in any material respect.
(f)
Charges, etc. The cost, fees, or charges for the collection, removal, and disposal of commercial
waste shall be negotiated between the contract hauler and the business, commercial, or industrial
establishment involved.
(g) Required frequency of collection. Contract haulers shall provide commercial waste collection at least
once per week.
(Ord. of 12-19-95; Ord. of 6-15-99(2), 1, 2)

Sec. 23.5-13. - Contract haulers and contractor to prevent spilling, etc., of waste on streets.
All contract haulers and the contractor shall ensure that proper containers, covers, or procedures are
provided to prevent spilling, dripping, or blowing of solid waste and other materials being transported on
the streets of the city. It shall be unlawful for any such hauler or contractor to allow any such waste to fall
upon any street in the city without promptly and completely removing the same.
(Ord. of 12-19-95)
Sec. 23.5-14. - Disposal of wastes.
All wastes shall be disposed of in accordance with local, federal and state regulations. It shall be
unlawful for any person to dispose of or cause to be disposed of any solid waste upon any property other
than as permitted under federal and state law.
(Ord. of 12-19-95)
Sec. 23.5-15. - Monthly residential charges.
(a) Levied. There is hereby fixed and levied against residential customers a flat solid waste collection,
removal and disposal charge and fee in an amount as established from time to time per container
Page 307
per month. The collection, removal and disposal charges and fees provided herein are levied against
all residential customers including all occupants, tenants, or lessees using any building, house, or
structure in the city. Each property owner and each landlord is required to provide the water and light
department of the city with an up-to-date list of tenants or other occupants of his property within the
city and to keep such list current at all times. The property owner or landlord shall be responsible for
payment of such fees as provided herein and as levied above, in the event such tenant or occupant
fails to comply with this chapter.
(b) Billing and collecting. The billing and collection of the charges levied in this chapter against
residential customers shall be done by the water and light department of the city and such charges
shall be added to, and included in, the monthly water and light utility bills, in some manner
convenient to distinguish the charge from the water and light charges, and shall be payable at the
water and light department collection office at the same time as water and light bills to the city are
due and payable. The water and light department shall not accept the payment of any utility bill
unless the fee for solid waste collection, removal and disposal is also paid. All fees collected
hereunder shall be net, and if the current monthly charge or fee for service hereunder is not paid
within ten (10) days from the date of the bill for same, the gross rate shall apply and be collected,
such gross rate to be ten (10) percent higher than the net fee.
(Ord. of 12-19-95)
State Law reference Authority to develop fee system for garbage services, MCA 1972, 2119-2.
Sec. 23.5-16. - Periodic review of charges.
The solid waste collection, removal and disposal charge and fee established by this chapter may be
reviewed by the city council and may be altered, changed or modified by an order to that effect entered by
the city council upon its minutes without further amendment of this chapter.
(Ord. of 12-19-95)
Sec. 23.5-17. - Use of streets for transportation of waste restricted.
No person except as otherwise provided herein, will be permitted to use the city streets, for the
purpose of transporting, hauling, or in any manner disposing of solid waste except the city, the contractor,
and any authorized contract hauler, or any residential customer or business, commercial or industrial
establishment disposing of waste from its own premises.
(Ord. of 12-19-95)
Sec. 23.5-18. - Violations, penalty.
Any person violating any provisions of this chapter shall be guilty of a misdemeanor and upon
conviction shall be subject to punishment as provided in section 1-8 of this Code, with each separate
violation constituting a separate offense.
(Ord. of 12-19-95)
Sec. 23.5-19. - Severability.
Page 308
If any provision, paragraph, or subparagraph of this chapter is adjudged by any court of law to be
void or unenforceable, in whole or in part, such adjudication shall not be deemed to affect the validity of
the remainder of the chapter, including any other provision, paragraph or subparagraph. Each provision,
paragraph, and subparagraph of this chapter is declared to be separable from every other provision,
paragraph, and subparagraph and constitutes a separate and distinct enactment.
(Ord. of 12-19-95)
Chapter 24 - STREETS, SIDEWALKS AND PUBLIC PLACES
FOOTNOTE(S):
--- (1) --Cross reference Sign code, 3-21 et seq.; airport rules and regulations, 4-41 et seq.; riding, driving
animals on sidewalks, 6-23; horses, mules standing in streets, 6-24; livestock running at large, 6-25;
domestic fowl running at large, 6-49; dogs running at large, 6-67 et seq.; cemeteries, Ch. 8;
emergency management, Ch. 9; flood damage prevention and control, Ch. 11; mobile homes and mobile
home parks, Ch. 16; parks and recreation, Ch. 20; vehicles for hire, Ch. 27; subdivision regulations, App.
A; zoning regulations, App. B.
State Law reference Municipal authority regarding streets, sidewalks, sewers and parks, MCA 1972,
21-37-3.
Sec. 24-1. - Authority to prevent obstruction by assemblages.

Any policeman of the city shall have the power and authority and it is hereby made his duty to
prevent the assemblage either upon the sidewalks, streets or alleys of the city of congregations of
persons either on foot or on horseback, and if in the opinion or judgment of any such officer, any such
gathering is of sufficient magnitude and number to interfere with public travel of the city either on foot or
otherwise. Such officer is hereby given the power and authority and it is hereby made his duty to cause
such congregation of any of kind above enumerated to be dispersed, and if any person so assembling
shall fail when so ordered by any such officer, to disperse, any such person so failing to disperse when so
ordered shall be guilty of a misdemeanor and upon conviction, shall be subject to punishment as provided
in section 1-8 of this Code.
(Ord. of 8-10-14, 1)
State Law reference Obstruction of public streets prohibited, MCA 1972, 97-35-23;
obstruction of sidewalks prohibited, MCA 1972, 97-7-63.
Sec. 24-2. - Numbering of buildings.
(a) Each house or building in the city now erected or which may hereafter be erected, shall take the
number that properly belongs to the space on which it or its main entrance is situated, as shown by
the report on file prepared pursuant to directions of the mayor and board of aldermen at their
meeting in February 1909 and it shall be the duty of the owner, or the person in control of such
house or building to so provide such numbers in the manner and of the kind hereinafter provided.
Page 309
(b) Information as to proper number for any house or building shall be obtained from the department of
planning and community development of the city, on application by the owner or person in
possession of any house or building free of charge.
(c) The owner of any house or building, or person having the control thereof, shall have the right to
determine the form, size, and material and location of the number to be placed thereon, provided the
figures be of such size and the number to be so affixed to the house or building in such conspicuous
place or places, as to be easily read from the sidewalk, and provided that the numbers comply with
applicable sign regulations.
(d) Any person whose duty it is under the requirements of this section to have a house or building so
numbered as above required and who shall refuse or neglect to do so, and any person who shall
hereafter place or cause to be placed upon a house or building, a number which does not properly
belong to the house or building as shown by the report referred to in paragraph (a) of this section,
and does not change same to the proper number, after due notice to do so, whether such person is
the owner of such house or building, or has the control thereof, shall be guilty of a misdemeanor and
on conviction, shall be subject to punishment as provided in section 1-8 of this Code.
(Ord. of 9-13-09, 14)

Sec. 24-3. - Riding bicycles.
(a) It shall be unlawful for anyone to ride a bicycle on any sidewalk of the city.
(b) In riding upon, along and over the streets of the city, the bicycle rider must give the right-of-way to
those driving motorized vehicles.
(c) All persons riding bicycles at night shall use a bicycle lamp, lighted and displayed in front of such
bicycles.
(Ord. of 3-10-1897, 4)
ARTICLE II. - CUTS AND EXCAVATIONS

Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be
as follows:
ASTM means and shall refer to the latest current specification of the American Society for Testing
Materials.
Paved area or pavement means any publicly owned hard-surfaced area in the city, including, but not
limited to, streets, alleys, parking areas, sidewalks, curbs and gutter and valley gutters whether paved
with concrete, bituminous surfacing or surface treatment.
Person means any individual, firm, company, association, society, corporation, or group, including
employees of departments of the city or a private utility, making a pavement cut.
Street inspection official means the officially designated street inspection official of the city who is
charged with the responsibility of administering this article, or his authorized deputy, agent, or
representative.
Page 310
(Ord. of 12-4-84, Art. I, 1, 3, 4, 6)

Sec. 24-22. - Permits or notificationRequired.
No authorized person shall destroy any paved area without first obtaining a written permit from the
street inspection official, or in the case of a department of the city, a notification of the proposed cut. In
the case of new construction the removal of curb and gutter for driveways shall be covered under the
building permit for the house, and no additional permit under the provisions of this article shall be
required.
(Ord. of 12-4-84, Art. I, 3, Art. II, 1)

Sec. 24-23. - SameApplication; required information; fees.
The permit application or notification under this article shall be supplemented by any plans,
specifications, or other information considered pertinent in the judgment of the street inspection official. A
permit and inspection fee of twenty dollars ($20.00) for a single cut shall be paid to the city at the time the
application is filed. The permit and inspection fee for multiple and/or longitudinal cuts will be determined
at the time the application is made based upon the scope of the work involved. No permit and inspection
fee will be charged when pavement cuts are made by departments of the city; however, departments of
the city shall notify the street inspection official of each pavement cut.
(Ord. of 12-4-84, Art. II, 2)

Sec. 24-24. - SameRecords.
The street inspection official shall maintain a file of each pavement cut permit or notification under
this article.
(Ord. of 12-4-84, Art. II, 4)

Sec. 24-25. - SameStreet inspection official's statement of compliance to be entered in file.
The street inspection official shall inspect each pavement cut permit or notification and shall enter
into the file of permits or notifications a signed statement that the work was done in conformity with this
article.
(Ord. of 12-4-84, Art. II, 5)

Sec. 24-26. - Costs and expenses to be borne by person cutting pavement.
All costs and expenses incident to pavement cuts under this article shall be borne by the person
making the cut who also shall indemnify the city from any loss or damage that may directly or indirectly be
occasioned by the cutting of the pavement.
(Ord. of 12-4-84, Art. II, 3)
Page 311
Sec. 24-27. - Construction methods.

(a) Generally. The materials of construction and the methods to be used in excavating, backfilling the
trench and repaving shall conform to the requirements of this article and other applicable rules and
regulations of the city.
(b) Barricades and warning signs and lights. All work in pavement cutting shall be adequately guarded
with barricades, signs and lights at all times so as to prevent the public from hazard.
(c) Size of cuts.Cuts shall be made as small as practical. Neat polygonal pavement cuts shall be made
with a saw, cutting wheels or with a breaking hammer with flat narrow edges. If construction
damages the clean cut edges, wider parallel cuts shall be made prior to repaving.
(d) Removal of excavated material. All excavated material shall be loaded and hauled off the site
immediately upon excavation. Excavated material shall be loaded directly in trucks where possible.
(e) Backfill material specifications. Backfill, from the bottom of the excavation to the bottom of the
repaving, shall be selected borrow material which shall be a mixture of sand and clay containing
sufficient binder material, natural or processed, to produce a uniform mixture complying with the
requirements of this article. The materials shall be uniform and free of organic matter such as leaves,
grass, roots and other objectionable or foreign substances. The gradation of the natural or processed
material shall meet the requirements of the gradation given in the following table, when tested in
accordance with ASTM C136.
Sieve Designation
(Square Openings)
Percentage By Weight Passing Sieves
No. 10 .....
100
No. 40 .....
20100
No. 60 .....
15100
No. 200 .....
860
The material shall have a plasticity index not to exceed eight (8) and have liquid limit of not more than
twenty-five (25), when tested in accordance with ASTM D433 and D424. (Local clean pit run topping-like
material will normally meet this specification.) The backfill material shall be placed in layers not exceeding
twelve (12) inches in thickness and each layer shall be compacted with a mechanical tamper of approved
design to ninety-five (95) percent Standard Proctor density when tested in accordance with ASTM D698
and D1556 or D2922. A compaction test report done by a testing laboratory approved by the city, shall be
required, when in the judgment of the street inspection official, the pavement cut is large enough to
warrant a test, prior to repaving. The backfill shall be finished eleven (11) inches below the surrounding
pavement.
(f)
Resurfacing. Immediately after the backfill has been satisfactorily shaped and compacted to the
proper density, the area shall be repaved. For bituminous surfaces nine (9) inches of black base
course in three-inch layers shall be placed in accordance with the state highway department
specifications. A two-inch compacted thickness of bituminous surface course shall be provided,
complying to state highway department specification. A tack coat of liquid asphalt shall be provided
Page 312
between each layer of base and surfacing. The street inspection official may authorize the use of
base course asphalt only, rather than surface and base asphalt, when, in his judgment, the
pavement cut is not large enough to warrant two (2) grades of asphalt. For concrete surfaces place
concrete with six (6) sacks of cement per cubic yard and a twenty-eight-day compression test of
three thousand (3,000) pounds per square inch when tested per ASTM C39. The concrete shall be
the thickness of the original surface. Restore the original cross section of curbs and gutters and
valley gutters and other structures shall be restored. Concrete surfaces shall be finished with the
same surface finish as the surrounding finish. A ten-gauge wire mesh, a minimum of six (6) inches
by six (6) inches shall be used in walks, driveways, and other pavements that exceed forty (40)
square feet in size. The surface of repaving shall be finished smooth and flush with the surrounding
pavement edges. Where the original pavement was crowned, the original crown shall be provided in
the finished repaving. If settlement occurs within the one (1) year of the repaving, original surface
elevations shall be restored with patches, to the approval of the street inspection official.
(g) Cleaning of area. The area around pavement cuts shall be thoroughly cleaned and excess materials
and debris disposed of. The site shall be left with a clean and attractive appearance.
(Ord. of 12-4-84, Art. IV, 17)

Sec. 24-28. - Emergency pavement cuts.
(a) Whenever it is necessary to make a pavement cut due to an emergency such as a ruptured utility
line during hours when the street inspection official is not working, the street inspection official shall
be notified and a permit obtained during the first two (2) hours of the next regular day of work of the
street inspection official.
(b) To prevent a public hazard, emergency pavement cuts shall be barricaded, signed and lighted at all
times until the cut is completely repaired.
(c) If it is necessary to backfill an emergency pavement cut with excavated material due to the urgency
to restore traffic, on the next day of regular work, the backfill shall again be excavated and shall be
disposed of. The second backfill and all subsequent work shall be accomplished with selected
borrow material and repaved as hereinbefore specified.
(d) The applicant for the pavement cutting permit shall notify the street inspection official when the work
is ready for inspection.
(Ord. of 12-4-84, Art. V, 4)

Sec. 24-29. - Violations; penalties.
(a) Any person found to be violating any provision of this article shall be served by the city with written
notice stating the nature of the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time stated in such notice, permanently
cease all violations.
(b) Any person who shall continue any violation yond the time limit provided for in paragraph (a) of this
section shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in
section 1-8 of this Code for each violation. Each day in which any such violation shall continue shall
be deemed a separate offense. Additionally, more than three (3) violations of the terms of this article
may result in termination of the pavement cutting permit.
(c) Any person violating any of the provisions of this article shall become liable to the city for any
expense, loss, or damage occasioned the city by reason of such violation.
(Ord. of 12-4-84, Art. VI, 13)
Page 313

ARTICLE III. - OBSTRUCTIONS
Sec. 24-51. - Permission of city required.

No person shall construct, reconstruct, erect, build or have constructed, reconstructed, erected, or
built any obstruction, sign or billboard, building improvement fence, garage, filling station, barn,
restaurant, or other structure on any part of any public right-of-way as designated on the official or tax
map of the city without permission from the city.
(Ord. of 5-2-61, 1)
Sec. 24-52. - Prerequisites to construction of pipelines, etc.
No person shall construct or have constructed a pipeline, communication line, or an electric power
line on, over, or under any part of any public right-of-way, as designated on the official or tax map of the
city, before the following requirements have been complied with:
(1) The standard application and plan form as used by the state highway department must be
signed and executed by the applicant and filed with the mayor, for approval by the mayor and
board of aldermen.
(2) When the application and plans have been approved by the mayor and board of aldermen a
copy of such application and plans will be sent to the state highway department, engineer of
maintenance, or the chief engineer of such department, and upon the approval of either or both
of such engineers, a copy of the approved plans will be mailed the applicant as his authority to
proceed with the construction. However, written notice shall be given the state highway
department twenty-four (24) hours in advance of the time actual work is begun.
(Ord. of 5-2-61, 2)
Sec. 24-53. - Connection with private roads and driveways.
Private or public roads or driveways will not be permitted to intersect with any portion of any public
right-of-way as designated on the official or tax map of the city unless permission is secured in
accordance with the provisions of section 2-52(2) above, and the construction is done in strict accordance
with the plans approved by the state highway department.
(Ord. of 5-2-61, 3)
Sec. 24-54. - Use of streets, etc., for repair of vehicles or other commercial purposes.
No part of any public right-of-way, as designated on the official or tax map of the city shall be used
by any person for the purpose of servicing automobiles, trucks, tractors, or any other motor-driven
vehicles, nor shall any portion of any public right-of-way, as designated on the official or tax map of the
city be used for any other commercial purpose; provided, however, that this shall not apply in cases of
emergency where any such vehicle has run out of gasoline, oil, grease, or water, or suffered any other
Page 314
accident or casualty so as to make it necessary that such service be rendered on such right-of-way in
order for such vehicle to reach a garage or filling station.
(Ord. of 5-2-61, 4)
Sec. 24-55. - Use of streets, etc., for purpose other than designed purpose.
No person may use any portion of any public right-of-way as designated on the official or tax map of
the city for any purpose other than that for which it was designed and dedicated.
(Ord. of 5-2-61, 5)
Sec. 24-56. - Depositing garbage or rubbish on streets, etc., prohibited.
It shall be unlawful for any person to throw or deposit or cause to be deposited garbage or rubbish
on any section of any public right-of-way as designated on the official or tax map of the city.
(Ord. of 5-2-61, 6)
Sec. 24-57. - Sidewalks not in public right-of-way.
It shall be unlawful for any person to place goods, wares, merchandise or any obstruction on the
sidewalks not within a public right-of-way within the corporate limits of the city.
(Ord. of 7-6-37, I)
ARTICLE IV. - TREES
FOOTNOTE(S):
--- (2) --Cross reference Preparation of tree trimmings for trash collection, 12-8.

As used in this article, the following terms shall have the meanings indicated, unless such
construction would be inconsistent with the manifest intent of the mayor and board of aldermen:
Park treesmean trees, shrubs, bushes, and all other woody vegetation in public parks having
individual names, and all areas owned by the city, or to which the public has free access as a park.
Street trees mean trees, shrubs, bushes and all other woody vegetation on land laying between
sidewalks and curbs on either side of all streets, avenues, or ways within the city. Where there is no
sidewalk, this applies to all woody vegetation immediately lining the city thoroughfares.
(Ord. of 8-7-84, 1)
Page 315

Sec. 24-77. - Spacing of street trees.
The spacing of street trees will be in accordance with three (3) species size classes designated by
the city and no trees may be planted closer than the following: Small trees, thirty (30) feet; medium trees,
forty (40) feet; and large trees, fifty (50) feet, except in special planting designed or approved by a
landscape architect.
(Ord. of 8-7-84, 7)
Sec. 24-78. - Distance from curb and sidewalk.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with
the three (3) species size classes listed in section 24-77, and no trees may be planted closer to any curb
or sidewalk than the following: Small trees, two (2) feet; medium trees, three (3) feet; and large trees, four
(4) feet.
(Ord. of 8-7-84, 8)
Sec. 24-79. - Distance from street corners and fireplugs.
No street tree shall be planted closer than thirty-five (35) feet of any street corner, measured from
the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten (10)
feet of any fireplug.
(Ord. of 8-7-84, 9)
Sec. 24-80. - Proximity to utilities.
No street trees other than those species listed as small trees in section 24-77 may be planted under
or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any
underground water line, sewer line, transmission line or other utility.
(Ord. of 8-7-84, 10)

Sec. 24-81. - Public tree care.
(a) The city shall have the right, but not the responsibility, to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds,
as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of
such public grounds.
(b) The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe
condition or which is affected with any injurious fungus, insect or other pest. This section does not
prohibit the planting of street trees by adjacent property owners providing that the selection and
location of such trees is in accordance with sections 24-77 through 24-80 of this article.
(Ord. of 8-7-84, 11)

Sec. 24-82. - Pruning, corner clearance.
Page 316
Every owner of any tree overhanging any street or right-of-way within the city shall prune the
branches so that such branches shall not obstruct the light from any street or right-of-way within the city,
shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that
there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Such owner shall
remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to
the safety of the public. The city shall have the right to prune any tree or shrub or private property when it
interferes with the proper spread of light along the street from a streetlight or interferes with visibility of
any traffic-control device or sign.
(Ord. of 8-7-84, 12)

Sec. 24-83. - Interference with city.
It shall be unlawful for any person to prevent, delay or interfere with the city or any of its agents,
while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any
street trees, park trees, or trees on private grounds, as authorized in this article.
(Ord. of 8-7-84, 14)

Sec. 24-84. - Review by board of aldermen.
The board of aldermen shall have the right to review the conduct, acts and decisions of the city's
employees or agents. Any person may appeal from any ruling or order of the city's employees or agents
to the board of aldermen who may hear the matter and make the final decision.
(Ord. of 8-7-84, 15)

Sec. 24-85. - Trimming and removal.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Citymeans the City of Tupelo, Mississippi, or, when appropriate to the context, its duly authorized
representative.
City property means all buildings, overhead utilities, underground utilities, streets, sidewalks, alleys
and all other property belonging to the City of Tupelo.
Danger tree means a tree which endangers city property or which endangers the general public.
Director means the Public Works Director of the City of Tupelo, or his authorized deputy, agent or
representative.
Manager means the Manager of Utilities (Electric, Water and Sanitary Sewer) of the City of Tupelo,
or his authorized deputy, agent, or representative.
Person means any individual, firm, company, society, association, corporation or group.
Primary electric lines means any electrical distribution line with voltage exceeding two thousand four
hundred (2,400) volts.
Private property means property owned by any individual, firm, company, society, association,
corporation or group.
Public property means property owned by the City of Tupelo or property which is controlled by any
public authority.
Page 317
Regular working hours shall be defined as MondayFriday, 8:00 a.m.5:00 p.m.

Secondary electric lines mean any electrical distribution line with voltage below six hundred (600)
volts.
Shallis mandatory; may is permissive.
Trim means the clearance of all limbs and/or branches within ten (10) lateral feet of the vertical
airspace on either side of any energized circuit.
(b) Public property.
(1) Any tree on public property or located adjacent to public property with its extremities protruding
onto public property may be trimmed by work forces of the city if, in the opinion of the manager
or director, a danger to city property or a hazard or nuisance to the general public exists.
(2) Any tree located on public property may be removed by work forces of the city if, in the opinion
of the manager or director, a danger to city property or a hazard or nuisance to the general
public exists.
(3) Stumps of trees located on public property may be removed if in the opinion of the manager or
director a danger to city property or a hazard or nuisance to the general public exists.
(c) Private property.
(1) Any tree located on private property shall be trimmed or removed by the city if, in the opinion of
the manager, a danger to high voltage primary electric lines exists and city equipment can
remain on city right-of-way. The city shall notify the owner of the tree prior to trimming or
removal whenever possible and/or practical or within a reasonable time thereafter.
(2) No tree located on private property which is involved with secondary electric (service) lines shall
be trimmed or removed by the city; excluding situations where the trimming or removal of trees
located on private property from secondary electric (service) lines is necessary, in the opinion of
the Manager, for the continuation of uninterrupted electricity or the restoral of electricity to one
(1) or more electric customers of the city.
(3) The city shall not be liable for damages to private property caused during the trimming or
removal of trees from secondary electric lines in the restoration of electric service.
(4) The city may, at the request of any person and with a 24-hour notice, go onto private property
and disconnect power lines for trimming or removal of trees by a private contractor hired by the
property owner. No fee shall be charged by the city for this service during regular working
hours; however, a fee shall be charged for this service if disconnection or reconnection of power
lines occurs at a time other than regular working hours. This fee shall be set forth by the
manager.
(5) Limbs and trees on private property which have fallen or have been cut by city employees to
restore power as a result of windstorm, rain, flood, lightning, fire, accumulations of ice, natural
disaster or other acts of God, or as a result of vandalism, neglect or accident shall not be
removed by the City unless such limbs or trees present a danger or hazard to city property in
the opinion of the manager or director.
(6) Tree stumps on private property shall not be removed by the city.
(7) The manager or director may require a person owning private property on which a tree is
located to sign an agreement indemnifying and holding the city harmless against all claims
arising from the trimming or removal by the city as a condition precedent to such trimming or
removal.
(Ord. of 11-5-85, Art. I, 1, 37, 911, Arts. II, III; Ord. of 6-15-99(3), 1)
Page 318
ARTICLE V. - PARADES, PROCESSIONS AND PUBLIC DEMONSTRATIONS
Sec. 24-101. - PermitRequired; application; granting.

(a) It shall be unlawful to organize or hold, or to assist in organizing or holding, or to take part or
participate in, any parade or procession or other public demonstration on the streets or other public
ways of the city, unless a permit therefor has been secured from the chief of police.
(b) To secure such permit, written application shall be made to the chief of police, setting forth the
probable number of persons and vehicles which will be engaged in such parade, procession or other
public demonstration, the purpose for which it is to be held or had, and the streets or other public
ways over, along or in which it is desired to have or hold such parade, procession or other public
demonstration.
(c) The chief of police shall grant a written permit for such parade, procession or other public
demonstration, prescribing the streets or other public ways which may be used therefor, unless he
finds the conduct of the parade will unreasonably interfere with proper fire and police protection.
(d) The chief of police in denying the application for a parade permit shall be empowered to authorize
the conduct of the parade on a date, at a time, or over a route different from that named by the
applicant.
(Ord. of 7-12-79, I)
Sec. 24-102. - SameReview of application upon a denial by chief of police.
If any application for a permit required by this article is denied, after the filing of a proper application
therefor, the applicant shall have the right to have the mayor and board of aldermen consider the
application immediately, and to pass on whether the requested permit should be issued or not, by filing
with the city clerk a written request for a review of the action of the chief of police with respect to the
application. Such review shall be held within twenty-four (24) hours after the filing of such request with the
city clerk, and the applicant shall have the right to appear thereat and to present proof in support of the
application for the permit. The mayor and board of aldermen shall, without delay, pass on the question of
whether the permit should be issued or not, and should it be of the opinion that such permit should be
issued, the same shall be issued forthwith.
(Ord. of 7-12-79, VI)

Sec. 24-103. - Conduct of participants.
Participants in parades, processions or other public demonstrations subject to this article shall
conduct themselves in the following manner:
(1) All traffic directions at intersections along the route of march and direction of police officers shall
be obeyed.
(2) All persons covered by the permit shall adhere strictly to the designated route.
(3) All persons covered by the permit must assemble at the prescribed area and accompany the
march only on the sidewalks and/or streets designated and in formation.
(Ord. of 7-12-79, III)

Page 319
Sec. 24-104. - Public conduct during parades.

(a) Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade
or parade assembly or with any person or vehicle participating or used in a parade.
(b) Driving through parades. No driver of a vehicle shall drive between the vehicles or persons
comprising a parade when those vehicles or persons are in motion and are conspicuously
designated as a parade.
(Ord. of 7-12-79, IV)

Sec. 24-105. - Exemption.
This article shall not apply to funeral processions.
(Ord. of 7-12-79, V)
Sec. 24-106. - Violations; penalty.
(a) Any person found guilty of violating the provisions of this article shall be guilty of a misdemeanor and
shall be punished as provided in section 1-8 of this Code.
(b) Since public and private property rights, civil rights, and the general welfare may be involved in the
violation of this article, and since criminal proceedings may not be an adequate or effective remedy
because of the multiplicity of prosecutions and the failure of such prosecutions to protect property
and civil rights, city officials are hereby authorized, in addition to criminal proceedings, to seek
injunctive relief against violators of this article and such injunctive relief may be sought against
individuals and against organizations.
(Ord. of 7-12-79, VII)

Secs. 24-10724-140. - Reserved.
ARTICLE VI. - PROHIBITING PUBLIC INDECENCY
FOOTNOTE(S):
--- (3) --Editor's noteAn ordinance adopted on Feb. 7, 2012, did not specifically amend the Code. Hence,
inclusion as Ch. 24, Art. VI. 24-14124-143, was at the discretion of the editor.
Sec. 24-141. - Public indecency.

It shall be unlawful for any person to willfully perform any of the following acts in a place where a
person should reasonably expect to be in view of the public:
(1) An act or simulated act of sexual intercourse or masturbation;
(2) Exposure of the genitals;
(3) A lewd appearance in a state of partial or complete nudity;
Page 320
(4) A lewd caress or indecent fondling of the body of another person;

(5) A lewd caress or indecent fondling of the sexual organs of any person, including oneself;
(6) Urination or defecation; or
(7) Appears wearing pants or skirts more than three inches below the top of the hips (crest of the
ilium) exposing the skin or undergarments.
(Ord. of 2-7-2012, 1)
Sec. 24-142. - Fines and penalties.
A citation shall be issued to the offender and the person shall be subject to a penalty of not less than
fifty dollars ($50.00) for the first offense and not more than two hundred dollars ($200.00) for a
subsequent offense. In addition to the fine, the Tupelo Municipal Court may order such person to
participate in up to forty (40) hours of court approved community service activities. Violators shall not be
subject to arrest or imprisonment for violation of this section, however, the Tupelo Municipal Court shall
have full authority to enforce its orders, judgments and sentences.
(Ord. of 2-7-2012, 1)
Sec. 24-143. - Defenses.
It is a defense under this section if it is determined, after a hearing or trial, that the person was
exercising rights protected by the federal or state constitution. Any defense under this section must be
asserted prior to any hearing or trial in the matter.
(Ord. of 2-7-2012(1), 3)
Secs. 24-14424-199. - Reserved.
ARTICLE VII. - REGULATION OF TELECOMMUNICATIONS SERVICE PROVIDERS OF PUBLIC RIGHTS-OF-WAY
AND PROPERTY IN THE CITY
Sec. 24-200. - Policy and purposes.

(1) Policy. It shall be the policy of the governing authority of the City of Tupelo by application of this
article to advance telecommunications services by encouraging competition among
telecommunications providers to establish affordable rates and increased service options for local
consumers, and to protect the public interest and existing utility service facilities by regulating the
access to and use of streets, alleys, rights-of-way and other properties that are owned or dedicated
by the city for municipal or public use.
(2) General purpose. The general purpose of this article is to enable the city to exercise its historical
rights, subject to limitations of state and federal law, to manage and control its public and city owned
streets, alleys, rights-of-ways and other public and city-owned property in the municipality, and to
require fair and reasonable compensation for such access by telecommunications service providers.
(3) Objectives. The objectives of this article are:
(a) To allow the city:
Page 321
1.
To preserve the physical integrity of its public and municipal streets, alleys, rights-of-way
and public or city-owned properties;
2.
To control the orderly flow of vehicles and pedestrians;
3.
To manage and coordinate telephone, data, and telegraph cable and facilities in
conjunction with other public utility facilities of various kinds located on, under, over, and
crossing streets, alleys, rights-of-way, and properties owned or dedicated by the city for
municipal or public use;
4.
To coordinate construction schedules and require procedures for trenching, street cuts,
and repairs required thereby;
5.
To determine insurance, bonding and indemnity requirements;
6.
To establish and enforce building codes when applicable to facility improvements in rightsof-way; and
7.
To keep track of the various systems using the rights-of-way to prevent interference
between them;
(b) To establish a uniform method for requiring telecommunications providers to compensate the
city on a competitively neutral and nondiscriminatory basis for use of city and public rights-ofway and properties; and
(c) To encourage competition in the provision of telecommunications services by use of city and
public rights-of-way and properties by telecommunications service providers without a
competitive advantage or disadvantage among providers in their ability to obtain the use
thereof.
(Ord. of 10-21-14)
The governing authority of the city is the city's mayor and city council.
Gross receipts means all revenues determined according to accepted accounting principles
originating or received in the city for recurring local services provided within the city limits and billed to an
address in the city by telecommunications providers from the transmission or receipt of telephonic or
other electronic messages or data, or from the sale or rental of equipment used to provide such
communications services by facilities over or in city or public rights-of-way or property. Gross receipts
shall not include customer premises equipment not located in, or using public or city rights-of-way or
property. Gross receipts do not include taxes imposed, and/or assessed by law on subscribers, or
revenues generated from sales to federal, state, city or local government.
Permit contract is the written contract provided for by the telecommunications permit ordinance to be
entered into between the city and the telecommunications provider, which shall be prepared by the legal
department of the city and duly signed and executed on behalf of the city and the telecommunications
provider upon such conditions as the contract and this article require.
Permittee, under this article, is a telecommunications provider that has entered into a permit contract
with the city and has been finally approved (or deemed to be approved) by the public works department of
the city to commence work in city or public rights-of-way or property within the city, and to maintain the
facilities installed therein.
Rights-of-way or property means any street, alley, easement, or other right-of-way, or property in the
city that is owned or dedicated by the city or any predecessor in interest for municipal or public use. This
nomenclature excludes private property, which is not controlled by this article.
Telecommunications provider, for purposes of this article, means any person or legal entity,
including, but not limited to, corporations, partnerships of any kind, joint ventures, and associations or
Page 322
business trusts, requiring access to public or municipal rights-of-way or public or municipally owned
property as hereinafter defined, for wire, cable or other transmission facilities or equipment for
conveyance or reception of telephone, telegraph or other electronic messages, data or any other type of
communication.
(Ord. of 10-21-14)
Sec. 24-202. - Permit contracts.
(1) Permit contract. Telecommunications providers are required by this article to contract with the city
before being permitted to lay, construct, install, and/or operate and thereafter maintain fiber optics or
other telecommunications cable, or any appurtenances or appendages, apparatuses, appliances or
other facilities for the transmission or receipt of telephone, telegraph or other electronic messages,
data or communications in, on, under, across or over city or public rights-of-way or property within
the city. All contracts shall contain certain uniform and nondiscriminatory provisions, and require
approval by the governing authority. No contract shall be unreasonably refused by the governing
authority of the city to any telecommunications provider certified by the Public Service Commission
of the State of Mississippi, who is not in violation of any local ordinance, regulation, or contract, or of
any federal or state laws or regulations and has made proper application for a permit contract. A
telecommunications provider shall be permitted to install operate and maintain facilities in city or
public rights-or-way or property when it and the City have entered into and executed a permit
contract, the "permit process fees" hereinafter provided have been paid by the telecommunications
provider to the city, and a right to access city or public rights-of-way or property has been approved.
(2) Video cable company exemption and requirements. This article does not apply to cable companies
operating cable and equipment in city or public rights-of-way or property for commercial video
programming pursuant to a valid franchise agreement with the City of Tupelo. No
telecommunications provider shall utilize city or public rights-of-way or property to provide
commercial video programming until it has in effect an approved video cable franchise with the city.
(3) Government exemption. Any department or agency of the City of Tupelo, Lee County, State of
Mississippi or the federal government requiring cable installation to be used exclusively for law
enforcement, emergency and public service communications and not for profit shall be exempt from
entering into a permit contract under this article, provided that said government department or
agency shall notify the city's director of public works of the work schedule and provide proposed "as
built" plans therefor prior to commencing any work or excavation in, on, across, adjacent to, or over
city or public rights-of-way or property in the city.
(4) Form and effect of contract. The telecommunications permit contract shall be in writing; shall
conform to and incorporate by inclusion or reference all of the conditions and requirements of this
article. No contract or permit given by the city under this article shall be interpreted to grant the
telecommunications provider an "exclusive" franchise, permit, or final approval for access and use of
city or public rights-of-way or property. If any condition, clause, paragraph, section, or word of this
article, or of the permit contract given under this article is, or shall become legally unenforceable, the
same shall be severed therefrom, and all remaining conditions, clauses, paragraphs, sections or
words shall be and continue to be in full force and effect. In the event that any clause or condition of
a permit contract given pursuant to this article shall be in conflict with this article, the provisions of
this article shall prevail. Where not in conflict with this article and legally enforceable, the permit
contract and this article shall be uniformly enforced. This article shall not limit the form of permit
contract on a case by case basis from including formal terms and conditions, or additional, or
amended terms and conditions covering special circumstances, or provisions added to protect the
public interest, or to amplify or effectuate the intentions of this article so long as said terms and
conditions are not in conflict with this article and are not designed to give competitive advantage or
special privilege to a telecommunications provider.
Page 323
(5) Term of permit contract. The term of the permit contract shall be specified in the permit contract, and
shall be for the term of ten years, unless a shorter period is agreed to by the telecommunications
provider and the city.
(6) Renewal of permit contract. At anytime during the period of six months prior to the expiration of the
term of a valid permit contract, the telecommunications provider shall be entitled to renewal of its
contract for a new term for the same period as provided in subsection (5) by application to the city of
council, which will be approved subject to the following conditions:
(a) Any information in the contract that is no longer current shall be corrected and a new contract
with the same or similar provisions shall be executed.
(b) An application renewal fee according to standard charges then imposed not to exceed
$1,000.00 shall be paid to the city.
(c) The applicant for contract renewal shall not be in violation of any city ordinance, its existing
permit contract, or any state or federal law or regulation pertinent to its use of city rights-of-way
or property, and may be required to present proof of current certification by the Public Service
Commission of Mississippi.
(Ord. of 10-21-14)
Sec. 24-203. - Application and approval.
(1) Application for permit. A telecommunications provider permit as required by this article shall be
applied for by written request to the city attorney, unless another city office shall be designated by
the mayor to receive the applications. The request shall be by letter unless the city shall provide a
uniform application form. The application shall include the name of the applicant, status of the
applicant (i.e. corporation, general partnership, limited partnership, etc.), the state of domicile, the
domiciliary address and local address, if any, and a copy of the certificate of convenience and
necessity, if required by state law, for the provider to act as a public utility according to the statutes of
the State of Mississippi regulating public utilities. Further, said request shall state the proposed use
of city or public streets and rights-of-way or property as defined herein, and the type of services
intended by the use of public or city rights-of-way or property. The telecommunications provider shall
furnish such additional information as the director of public works may reasonably and uniformly
require to complete the permit contract.
(2) Approval of contract. The city attorney's office shall prepare for execution by the telecommunications
provider the telecommunications permit contract using a standard form of contract for execution in
triplicate by the telecommunications provider within 14 days after receipt of a complete application;
and immediately after the contract is executed by the telecommunications provider, the city attorney
shall submit the contract to the mayor and president of the city council for scheduling on the agenda
of the city council at the next regular council meeting according to the council's scheduling
procedures. If the application and contract is in order, the city council shall act at such meeting to
authorize execution of the permit contract by the city, and direct the city clerk or chief financial officer
to accept payment of the permit process fee. A telecommunications provider's permit contract shall
be approved when the permit process fee is paid and the telecommunications provider receives
duplicate signed originals or duplicate certified copies of the executed contract from the city clerk. An
original executed contract shall be retained by the clerk of the council to be appended to the council
minutes as proof of contract approval.
(3) Permit process fees. The permit process fee to be paid to the city by the telecommunications
provider in order to be permitted and to validate a permit contract shall be $1,000.00. The permit
process fee shall be charged as a cost of process, including legal review and preparation of contract,
and for Engineering, Public Works, and Tupelo Water and Light review, of application and plans and
site inspection submissions.
Page 324
(Ord. of 10-21-14)
Sec. 24-204. - Plan review and permit to commence work.
(1) Engineering process and permit to commence work.
(a) Approval required: No new cable, conduit, or facility construction, installation, excavation,
expansion or enlargement of existing facilities in, on, under, across, or over city or public rightsof-way or property shall be permitted or authorized under the permit contract until approved
according to this section. Maintenance, repairs or replacement of facilities existing as of the
effective date of this article, or of facilities already approved and installed under this article are
not subject to this section, unless said work shall require relocation, enlargement or expansion
of facilities.
(b) Submissions: There shall be submitted to the Engineering Department of the City of Tupelo for
Engineering review, water and light utility and public works review, the following: (i) an original
(duplicate original) or a certified copy of the fully executed telecommunications permit contract
and (ii) duplicate copies of plans, specifications, maps and other documentation, or data, if any,
essential to review the proposed installation of transmission lines, conduit, equipment, and
facilities to be constructed or installed with symbols, marks and annotations necessary to
accurately identify all public or city ways, streets, easements lands, buildings, conduit or
overhead poles or lines where the work is to be undertaken. Specifications as to grade, depth or
height in which facilities shall be located shall be submitted where necessary or reasonably
required to avoid potential interruption or impediment to existing or planned utility services.
Maps and plans shall be drawn to scale or in a manner where distances can be accurately
determined and shall allow proper review and interpretation. A proposed work schedule shall be
submitted. Where a dangerous or hazardous situation or traffic hazard may occur as a result of
the proposed work, an identification of safety measures to be taken may be required, if not
submitted.
(c) Review, approval/revocation: Engineering shall furnish a copy of plans and documentation to
the public works department and coordinate review with the public works department, and within
15 days after receiving the documentation required by (b) above, the engineering department by
letter or other official writing to the telecommunications provider shall (i) give final approval to
commence work according to plans or according to reasonable modifications or conditions
specified in writing, or (ii) specify in writing to the telecommunications provider additional
information or documentation required, after receipt of which the engineering department shall
have five days to complete review and respond in writing, or (iii) in the event that the
engineering department in conjunction with the public works department determines that the
work as planned cannot for good cause be allowed in city or public rights-of-way or property, it
shall give refusal and its reason therefor in writing to the telecommunications provider. If refusal
to permit the planned work is for a reason that cannot be cured because modification to plans
required by (i) or (ii) above are not submitted and approved within six months from the date of
the city engineer's written notice, the permit contract shall be treated as revoked, and a new
contract shall be required under section 24-202 to apply for a permit.
Failure on the part of the engineering department to respond in writing as hereinabove provided
in this subsection (c) within 21 days after submittal as required by subsection (b) may be treated
by, the telecommunications provider as permit approval.
(d) Notice of when work will commence. The telecommunications provider shall notify the
engineering department in writing two business days prior to commencing work as to the time
and place that it shall commence work according to approved plans. Failure to give such
advance notification or to obtain a waiver of notice from the engineering department shall be
grounds for the City of Tupelo to stop work, and/or suspend or revoke permit approval. Any
subsequent work permitted under this section, excluding maintenance, repairs or replacement
Page 325
work exempted under subsection (a) above in city or public rights-of-way or property shall
require the aforesaid two business days advance notice.
(2) Appeals from refusal to allow work to commence. In the event that the engineering department
refuses to allow work to commence or revokes the contract permit, the telecommunications provider
shall have the right to appeal to the city council by submitting a written notice of appeal to the clerk of
the city council with in 15 days after the date of written refusal or permit revocation. Written notice of
appeal shall state the reasons upon which the telecommunications provider is aggrieved by the final
decision of engineering and/or public works, and the city council shall hear the appeal expeditiously
and give a final decision with such conditions, if any, as it deems proper in conformity with this
article.
(Ord. of 10-21-14)
Sec. 24-205. - Periodic fees.
(1) Periodic fee requirements. A telecommunications provider, who has entered into a
telecommunications permit contract with the City of Tupelo and has been approved for right to
access and to commence work as required by section 24-204 above, shall pay periodic fees as a
"permittee" to be determined according to subsection (2). This fee is charged permittees for
continuing access to and use of city or public rights-of-way and property, and shall defray ongoing
costs to the city from administering, monitoring and regulating the maintenance, use and operation of
the permittee of its facilities installed in city or public rights-of-way or property, including the expense
of on-site inspection and traffic and safety precautions.
(2) Calculation and payment of periodic fees. The permittee required to pay periodic fees according to
subsection (1) shall pay to the City of Tupelo a quarterly fee of two percent of "gross receipts" as
defined in section 24-201. The periodic fees becoming due hereunder shall be discounted by an
amount equal to the amount paid by permittee for "permit process fee" under subsection 24-201(3).
Gross receipts of "wholesale or discounted" revenue received from a reseller shall be accounted for
separately and shall be subject to the quarterly fee of two percent. The periodic fee is not in lieu of
any other city fees or taxes assessable to the permittee. The period fee shall be due and payable on
the fifteenth day of the month following each quarter of the year. The permit contract shall contain
uniform provisions for computing and paying the periodic fee, and for auditing gross receipts", and
shall provide standard penalties for failure to timely furnish information or pay the periodic permit
fees on gross receipts.
(3) Exemption from fees.
(a) Fees under subsection 24-203(3) and section 24-205 shall not be assessed to any
telecommunications provider who is legally operating in city or public rights-of-way or property
and not under obligation to pay fees on the effective date of this article, but upon expiration or
termination of its permit, franchise, or other right of access, this article and the fees required
hereunder shall thereafter apply. This article and the fees provided hereunder shall be
applicable to permit contracts for new, expanded or extended service facilities in city or public
rights-of-way or public property where no permit contract is in effect under this article.
(b) Incumbent Bell Company. To the extent that the Incumbent Bell Company is exempt from
periodic fees on gross receipts required by this section by proper application of Southern Bell
Telephone & Telegraph Company vs City of Meridian, 131 So. 2d 666 (Miss 1961) or by
operation of state or federal law, it shall not be charged a fee under this article. This article shall
not be interpreted to preclude the city from levying utility taxes of fees to the incumbent
company that may be legally entitled to assess or impose without respect to this article.
(Ord. of 10-21-14)
Sec. 24-206. - Obligations and default.
Page 326
(1) Location and compliance. The permittee shall construct, maintain and operate said transmission
cable and facilities in such locations and/or at such depths or heights, below or above the grades of
rights-of-way or property surfaces as applicable safety codes require and according to plans and
specifications submitted under subsection 24-204(1), and all ordinances, laws or government
regulations, federal, state, or local, now legally in force or which may hereafter legally take effect and
be applicable to the construction, installation, repair or maintenance of said transmission cable or
facilities or of other utility facilities located in, on, under or above city or public rights-of-way or
property (as defined in section 24-201. Expansion, enlargement or relocation of facilities, not
previously approved, shall require the same plan approval process required for initial plan approval
under section 24-204 above, except that no new permit contract or permit process fee shall be
required if a permit contract is already in effect. Maintenance, repair, and minor improvements of
facilities property in place shall not require a contract or further approval, unless a safety hazard shall
be caused by the construction.
(2) Indemnity.
(a) Permittees shall indemnify and hold the City of Tupelo, its officers and employees harmless
against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including
reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of
action, liability, and suits of any kind and nature, including personal or bodily injury (including
death), property damage, or other harm for which recovery of damages is sought that is found
by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission
of the permittee, its agent, officer, director, representative , employee, affiliate, or subcontractor,
while installing, repairing or maintaining facilities in city or public rights-of-way or city or public
property as defined in section 24-201, or resulting from noncompliance with approved plans and
specification of this article or violation of terms or conditions of the permit contract. The
indemnity hereby required does not apply to any liability resulting from the negligence of the
municipality, its officers, employees, or subcontractors. Where comparative negligence is
adjudicated, damages shall be apportioned according to the laws of the State of Mississippi.
The city does not by this article waive any statutory or common law immunity.
(b) Telecommunications provider or City of Tupelo shall promptly advise the other in writing of any
known claim or demand related to or arising out of provider's activities in city or public rights-ofway or property.
(3) Insurance. Permittee shall maintain workers-compensation insurance as required by law and
employee's liability and general liability insurance coverage terms of which shall be provided in the
permit contract. Where a company provides insurance, under a qualified self-insured plan, the city
may accept coverage under this plan and require such certification as it deems necessary to assure
that the plan meets all state law requirements and is a reliable plan backed by satisfactory reserves.
(4) Violation of permit. For violation of this article by the telecommunications provider, the City of Tupelo
shall be entitled to prosecute enforcement action and/or other action for ordinance violation and for
such penalties as may be provided for violation of a city ordinance or state law. Also, violation of the
terms of this article or of the permit contract shall be an event of default of the permit contract and in
addition to other remedies available to the city, the city shall be entitled to specifically enforce
performance, or to cancel the permit contract unless said default is cured by the communications
provider on or before 30 calendar days after written notice of default is served by the city on thee
provider.
(5) Transfer of telecommunications permit contract. Transfer or assignment of a permit contract granted
under this article shall be effective only after notice of transfer is given by the telecommunications
provider to the city, which shall be in writing and include the same information as to address
domicile, principal ownership, management, and other essential information required from the
original telecommunications provider und subsection 24-203(1). No transfer or assignment shall
relieve transferor from any obligation to the city existing at the time of transfer. Failure to pay accrued
fees becoming due after transfer shall invalidate the permit contract transfer.
Page 327
(Ord. of 10-21-14)
Sec. 24-207. - Waiver of application of provisions.
The City Council of the City of Tupelo may waive the application of this article under the following
circumstances:
(a) Existing or proposed joint-utility construction projects where two or more utilities utilize common
infrastructure in a city-approved district.
(b) The provision by a telecommunications provider of 1.0 gigabyte or greater of fiber-to-the-home
(FTTH) in designated areas of the city as agreed to by the city and telecommunications
provider.
(Ord. of 10-21-14)
Sec. 24-208. - Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this article be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of the Code
of Ordinances as a whole.
(Ord. of 10-21-14)
Secs. 24-20924-215. - Reserved.
Chapter 25 - TAXATION
FOOTNOTE(S):
--- (1) --Cross reference Licenses and miscellaneous business regulations, Ch. 15
Sec. 25-1. - Local privilege tax law adopted.

The Local Privilege Tax Law, MCA 1972, 27-17-1 et seq., is hereby adopted as the Privilege Tax
Code of the city; all privileges set forth in such Act, and amendments, are hereby taxed in accordance
therewith. The entire Act, with the amendments, is adopted.
(Res. of 5-7-46)
Sec. 25-2. - Convention and tourism promotion tax.
(a) Definitions. As used in this section, the following words shall have the meanings ascribed to them in
this section unless otherwise clearly indicated by context in which they are used:
Bureaumeans the Tupelo Convention and Visitors Bureau.
Page 328
Hotel or motel means and includes any establishment engaged in the business of furnishing or
providing rooms intended or designed for dwelling, lodging or sleeping purposes to transient guests,
where such establishment consists of ten (10) or more guestrooms and does not encompass any
hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in
connection with a hospital or medical clinic providing rooms exclusively for patients and their families.
Restaurant means and includes all places where food and beverages are sold for consumption,
whether such food is consumed on the premises or not.
(b) Levied. For the purpose of providing funds for the promotion of tourism and conventions and the
economic development of the city, there is hereby levied, assessed and shall be collected from every
person engaging in or doing business in the city as specified herein a tax which may be cited as a
"convention and tourism promotion tax" which shall be in addition to all other taxes now imposed, as
hereinafter provided.
(c) Funds to be supplemental to city funding. The funds derived from this tax will be supplemental to the
funding received from the city in the form of bureau staffing, office facilities and operational
overhead.
(d) Amount. Such tax shall be in an amount of two (2) percent of gross income of hotels, motels and
restaurants.
(e) Collection. Persons liable for the tax imposed herein shall add the amount of tax to the sales price or
gross income and in addition thereto shall collect, insofar as practicable, the amount of the tax due
by him from the person receiving the services or goods at the time of payment therefor.
(f)
Payment to state. The tax levied by this section shall be collected by and paid to the state tax
commission on a form prescribed by the state tax commission, in the same manner that state sales
taxes are computed, collected and paid; and the full enforcement provisions of MCA 1972 Chapter
65, Title 27, shall apply as necessary to the implementation and administration of this section.
(g) Payment to city. The proceeds of the tax levied by this section shall be paid to the city on or before
the fifteenth day of the month following the month in which they were collected.
(h) Use of proceeds. The proceeds of the tax levied by this section shall not be considered by the city as
general fund revenues but shall be dedicated solely for the purpose of carrying out programs and
activities which are designated by the bureau and which are designed to attract conventions and
tourists into the city.
(i)
Budgeting of proceeds. Before the expenditure of funds herein prescribed, a budget reflecting the
anticipated receipts and expenditures for such purposes as promotion, advertising and operation
shall be approved by the mayor and board of aldermen. The budget shall be on the same fiscal basis
as the budget of the city.
(j)
Accounting. Accounting for receipts and expenditures of the funds herein described shall be made
separately from the accounting of receipts and expenditures of the general fund and any other funds
of the city. The records reflecting the receipts and expenditures of the funds prescribed herein shall
be audited annually by an independent certified public accountant, and the accountant shall make a
written report of his audit to the mayor and board of aldermen, the director of finance and to the
bureau. Such audit shall be made and completed as soon as practical after the close of the fiscal
year, and the expenses of such audit may be paid from the funds pursuant to paragraphs (b) through
(h) of this section.
(Ord. of 6-27-85, 1, 5, 7, 8; Res. of 4-17-90, 2, 5)

Cross reference Convention and visitors bureau, 2-71 et seq.
Chapter 26 - UTILITIES
Page 329
FOOTNOTE(S):
--- (1) --Cross reference Buildings and building regulations, Ch. 7; plumbing code, 7-96 et seq.; fire
prevention and protection, Ch. 10; garbage, trash and refuse, Ch. 12; health and sanitation, Ch. 13;
mobile homes and mobile home parks, Ch. 16; planning, Ch. 21; streets, sidewalks and public places,
Ch. 24; subdivision regulations, App. A; zoning regulations, App. B.

ARTICLE II. - SEWERS AND SEWAGE DISPOSAL
FOOTNOTE(S):
--- (2) --Cross reference Sewage and refuse disposal in mobile home parks, 16-9
State Law reference Authority of municipalities to regulate sewer and drain connections, MCA 1972,
21-19-1.

Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be
as follows:
BOD (denoting biochemical oxygen demand)means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees
Celsius expressed in milligrams per liter.
Building drain means that part of the lowest horizontal piping of a drainage system which receives
the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to
the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
Building sewer means the extension from the building drain to the public sewer or other place of
disposal.
City means the City of Tupelo, Mississippi, or, when appropriate to the context, its duly authorized
representative.
Combined sewer means a sewer receiving both surface runoff and sewage.
Garbage means solid wastes from the domestic and commercial preparation, cooking, and
dispensing of food, and from the handling, storage, and sale of produce.
Industrial wastes means the liquid wastes from industrial manufacturing processes, trade, or
business as distinct from sanitary sewage as defined in 40 CFR 35.905.
Page 330
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Person means any individual, firm, company, association, society, corporation, or group.
pH means the common logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food
that have been shredded to such a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than one-half-inch (1.27 centimeters) in any
dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights, and is
controlled by public authority.
Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water, and
groundwater are not intentionally admitted.
Sewage means a combination of the water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such groundwater, surface water, and stormwater
as may be present.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
Sewage works means all facilities for collecting, pumping, treating, and disposing of sewage.
Sewer means a pipe or conduit for carrying sewage.
Slug means any discharge of water, sewage, or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more
than five (5) times the average twenty-four-hour concentration or flows during normal operation.
Storm drain (sometimes termed storm sewer) means a sewer which carries stormwater and surface
waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
Superintendent means the superintendent of utilities of the city, or his authorized deputy, agent, or
representative.
Suspended solids means solids that either float on the surface of, or are in suspension in water,
sewage, or other liquids, and which are removable by laboratory filtering.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. of 2-1-83, Art. I, 116, 1823)

Sec. 26-22. - Use of public sewers required.
(a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary
manner on public or private property within the city or in any area under the jurisdiction of the city,
any human or animal excrement, garbage or other objectionable waste.
(b) It shall be unlawful to discharge to any outlet within the city, or in any area under the jurisdiction of
the city, any sewage or other polluted waters, except where suitable treatment as been provided in
accordance with the provisions of this article.
(c) The owner of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a public sanitary or combined sewer of
the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect
Page 331
such facilities directly with the proper public sewer in accordance with the provisions of this article
within ninety (90) days after official notice to do so; provided that, such public sewer is within one
hundred (100) feet (thirty and five-tenths (30.5) meters) of the property line. If an on-site pressure
system is required for a service connection, the operation costs for the facility shall be the
responsibility of the owner or user.
(Ord. of 2-1-83, Art. II, 1, 2, 4)

Sec. 26-23. - Destruction of structures and appurtenances.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works.
Any person violating this provision shall be subject to immediate arrest under charge of disorderly
conduct.
(Ord. of 2-1-83, Art. VI, 1)

Sec. 26-24. - Powers and authority of inspectors.
(a) The superintendent and other duly authorized employees of the city bearing proper credentials and
identification shall be permitted to enter all properties for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions of this article. The
superintendent or his representatives shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a
direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste
treatment.
(b) While performing the necessary work on private properties referred to in paragraph (a) of this
section, the superintendent or duly authorized employees of the city shall observe all safety rules
applicable to the premises established by the company. The company is responsible for providing
access as required in section 26-93
(c) The superintendent and other duly authorized employees of the city bearing proper credentials and
identification shall be permitted to enter all private properties through which the city holds a duly
negotiated easement for the purposes of, but not limited to, inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the sewage works lying within such easement.
All entry and subsequent work, if any, on such easement, shall be done in full accordance with the
terms of the duly negotiated easement pertaining to the private property involved.
(Ord. of 2-1-83, Art. VII, 3)

Sec. 26-25. - Violation notice; penalty; costs.
(a) Any person found to be violating any provision of this article except section 26-23 shall be served by
the city with written notice stating the nature of the violation and providing a reasonable time limit for
the satisfactory correction thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations.
(b) Any person who shall continue any violation beyond the time limit provided for in paragraph (a) of
this section, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to
punishment as provided in a 1-8 of this Code. Additionally, chronic violation of the terms of this
article may result in termination of the sewer disposal permit.
(c) Any person violating any of the provisions of this article shall become liable to the city for any
expense, loss, or damage occasioned the city by reason of such violation.
Page 332
(Ord. of 2-1-83, Art. VIII, 13)

Sec. 26-26. - Extension and installation of mains.
(a) Extension in new housing developments and subdivisions. The water and sewer department will
extend a sewer main within the corporate limits of the city along an accepted street or easement
within an accepted subdivision at the expense of the developer or owner, subject to conditions as
provided for in paragraph (c) of this section.
(b) Extension to property line of housing development and/or a subdivision. The water and sewer
department will extend a sewer main within the corporate limits of the city along an accepted street
or easement for utilities to the property of a housing development or subdivision except where the
properties are located in excess of five hundred (500) feet from the existing sewer main as measured
along an accepted street. The water and sewer department will extend such sewer main the
remaining distance along an accepted street which is in excess of five hundred (500) feet at the
expense of the owner or developer; however, such extension made at the expense of the developer
or owner may be applicable to terms as provided for in paragraph (c) of this section.
(c) Terms and conditions. The cost of sanitary sewer extensions made at the expense of a subdivision
owner or developer may be refunded as follows:
(1) The size of the main to be installed shall be exclusively within the discretion of the water and
sewer department.
(2) For sewer mains larger than eight (8) inches in diameter, the water and sewer department will
pay the difference between the cost of an eight-inch main (including installation) and the cost of
the main which is installed and which has a diameter of more than eight (8) inches.
(3) The water and sewer department will not extend any sanitary sewer mains where ground
elevations are such and conditions are such that such main cannot feasibly be installed to drain
into the existing sewerage system.
(4) In no event will the water and sewer department extend a sewer main should the water and
sewer contingent fund not have sufficient funds available to pay its proper share of the cost.
(5) The subdivision owner or developer shall deposit in advance of construction an amount with the
water and sewer department sufficient to cover the estimated cost of such installation he may
have requested.
(6) Upon completion of installation of the extension, the entire cost of such installation shall be
determined by the sewer department and due credit given thereon for the first five hundred
(500) feet of main approaching the subdivision boundaries and excess cost of mains larger than
eight (8) inches and any excess in the balance of the cost over the amount of the deposit shall
be paid immediately to the water and sewer department by the owner or developer. If the
amount deposited is in excess of such balance of the cost, such excess shall be refunded
immediately to the owner or developer.
(7) Annually, as of June first of each year, for the first five (5) years after completion of such
extension, the water and sewer department shall ascertain the amount of revenue collected
from customers who have been connected to such sewer main within such subdivision as
sanitary sewer charges during the previous twelve-month period, and shall, within ninety (90)
days thereafter, make reimbursement to the original owner or developer an amount equal to
ninety (90) percent of the total sanitary sewer charges. In no event shall the total amount of
reimbursement exceed the amount paid as contribution on the construction cost. No
reimbursement shall be made for additional customers connected to such mains after such fiveyear period.
(8) The water and sewer department may connect a main to, or extend a main from any other main
which has previously been installed in accordance with the above terms without obligation to the
applicant of such previously installed main.
Page 333
(d) Service connections. At the option of the subdivision developer or owner and to facilitate paving of
streets, the water and sewer department at its discretion may install all service connections from
main sewer to approximately the property line of a lot within such subdivision. These service
connections shall be made at suitable locations selected by the water and sewer department. For
such connections, the customer, developer or owner at the time of making application therefor shall
pay to the water and sewer department, as the expense thereof, fifty dollars ($50.00). Such service
connection shall be the property and responsibility of the customer or owner.
(Ord. of 7-27-56, 4)
DIVISION 2. - PRIVATE SEWAGE DISPOSAL
Sec. 26-41. - Construction, maintenance of facilities restricted.

Except as provided in this division, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(Ord. of 2-1-83, Art. II, 3)

Sec. 26-42. - When required.
Where a public sanitary or combined sewer is not available under the provisions of section 26-22(c),
the building sewer shall be connected to a private sewage disposal system complying with the provisions
of this division.
(Ord. of 2-1-83, Art. III, 1)

Sec. 26-43. - PermitRequired; application; fee.
Before commencement of construction of a private sewage disposal system the owner shall first
obtain a written permit signed by the superintendent. The application for such permit shall be made on a
form furnished by the city, which the applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the superintendent. A permit and inspection fee of ten dollars
($10.00) shall be paid to the city at the time the application is filed.
(Ord. of 2-1-83, Art. III, 2)

Sec. 26-44. - SameInspection prerequisite to effectiveness.
A permit for a private sewage disposal system shall not become effective until the installation is
completed to the satisfaction of superintendent. He shall be allowed to inspect the work at any stage of
completion and, in any event, the applicant for the permit shall notify the superintendent when the work is
ready for final inspection, and before any underground portions are covered. The inspection shall be
made within twenty-four (24) hours of the receipt of notice by the superintendent.
Page 334
(Ord. of 2-1-83, Art. III, 3)

Sec. 26-45. - Specifications.
The type, capacities, location, and layout of a private sewage disposal system shall comply with all
recommendations of the bureau of environmental health of the state. No permit shall be issued for any
private sewage disposal employing subsurface soil absorption facilities where the area of the lot is less
than three (3) acres. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(Ord. of 2-1-83, Art. III, 4)

Sec. 26-46. - Manner of operation.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at
all times, at no expense to the city. If an on-site pressure system is required for use of the public sewer
facility, the operation costs of the pressure system shall be the responsibility of the owner or user.
(Ord. of 2-1-83, Art. III, 6)

Sec. 26-47. - Actions required when public sewer becomes available.
(a) At such time as a public sewer becomes available to a property served by a private sewage disposal
system, as provided in section 26-45, a direct connection shall be made to the public sewer in
compliance with this division, and any septic tanks, cesspools, and similar private sewage disposal
facilities shall be abandoned and filled with suitable material.
(b) When a public sewer becomes available, the building sewer shall be connected to such sewer within
sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with
clean bank-run gravel or dirt.
(Ord. of 2-1-83, Art. III, 5, 8)

Sec. 26-48. - Additional requirements.
Nothing contained in this division shall be construed to interfere with any additional requirements that
may be imposed by the health officer.
(Ord. of 2-1-83, Art. III, 7)

DIVISION 3. - BUILDING SEWERS AND CONNECTIONS
Sec. 26-61. - Connection permitsRequired.

No authorized person shall uncover, make any connections with or opening into, use, alter, or disturb
any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
(Ord. of 2-1-83, Art. IV, 1)
Page 335

Sec. 26-62. - SameClasses; application and fees.
(a) There shall be two (2) classes of building sewer permits:
(1) For residential and commercial service; and
(2) For service to establishments producing industrial wastes.
(b) In either case, the owner or his agent shall make application on a special form furnished by the city.
The permit application shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the superintendent.
(c) A permit and inspection fee of ten dollars ($10.00) for a residential or commercial building sewer
permit and fifteen dollars ($15.00) for an industrial building sewer permit shall be paid to the city at
the time the application is filed.
(d) As a condition for authorization to dispose of industrial wastes through the municipal system, the
industrial applicant for a sewer permit shall provide the city with information describing wastewater
constituents and characteristics, and the type of activity and quantity of production.
(Ord. of 2-1-83, Art. IV, 2)

Sec. 26-63. - Expenses and liability incident to installation to be borne by owner.
All costs and expense incident to the installation and connection of the building sewer shall be borne
by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
(Ord. of 2-1-83, Art. IV, 3)

Sec. 26-64. - Separate building sewer required for each building; exception.
A separate and independent building sewer shall be provided for every building except where one (1)
building stands at the rear of another on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer
from the front building may be extended to the rear building and the whole considered as one (1) building
sewer.
(Ord. of 2-1-83, Art. IV, 4)

Sec. 26-65. - Use of old building sewers; when permitted.
Old building sewers may be used in connection with new buildings only when they are found on
examination and test by the superintendent to meet all requirements of this article.
(Ord. of 2-1-83, Art. IV, 5)

Sec. 26-66. - Specifications generally.
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used
in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the
requirements of the building plumbing code or other applicable rules and regulations of the city. In the
Page 336
absence of code provisions or in amplification thereof, the materials and procedures set forth in
appropriate specifications of the American Society for Testing and Materials (ASTM) and the Water
Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply.
(Ord. of 2-1-83, Art. IV, 6)

Sec. 26-67. - Pipe level; lifters.
Whenever possible, the building sewer shall be brought to the building at an elevation below the
basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and
discharged to the building sewer.
(Ord. of 2-1-83, Art. IV, 7)

Sec. 26-68. - Downspouts and drains.
No person shall make connection of roof downspouts, exterior fountain drains, areaway drains, or
other sources of surface runoff or groundwater to a building sewer or building drain which in turn is
connected directly or indirectly to a public sanitary sewer.
(Ord. of 2-1-83, Art. IV, 8)

Sec. 26-69. - Connections to public sewers.
(a) The connection of the building sewer into the public sewer shall conform to the requirements of the
building and plumbing code or other applicable rules and regulations of the city, or the procedures
set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such
connections shall be made gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the superintendent before installation.
(b) The applicant for the building sewer permit shall notify the superintendent when the building sewer is
ready for inspection and connection to the public sewer. The connection shall be made under the
supervision of the superintendent or his representative.
(Ord. of 2-1-83, Art. IV, 9, 10)

Sec. 26-70. - Excavations.
All examinations for building sewer installation shall be adequately guarded with barricades and
lights so as to prevent the public from hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Ord. of 2-1-83, Art. IV, 11)

DIVISION 4. - PROHIBITED DISCHARGES
Sec. 26-86. - Generally.

Page 337
(a) It shall be unlawful for any person, establishment or corporation to discharge to the sewer system
any pollutant except in compliance with federal standards promulgated pursuant to the Clean Water
Act, and any more stringent state and local standards.
(b) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process
waters to any sanitary sewer.
(c) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically
designated as combined sewers or storm sewers, or to a natural outlet approved by the
superintendent. Industrial cooling water or unpolluted process waters may be discharged, on
approval of the superintendent to a storm sewer, combined sewer, or natural outlet.
(Ord. of 2-1-83, Art. II, 5, Art. V, 1, 2)

Sec. 26-87. - Waters and wastes specifically prohibited.
No person shall discharge or cause to be discharged any of the following described waters or wastes
to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals, create a public nuisance, or
create any hazard in the receiving waters of the sewage treatment plant; including but not
limited to cyanides in excess of 0.05 mg/l as CN in the wastes as discharged to the public
sewer.
(3) Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other
corrosive property capable of causing damage or hazard to structures, equipment, and
personnel of the sewage works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the
flow in sewers, or other interference with the proper operation of the sewage works such as, but
not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails
and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(Ord. of 2-1-83, Art. V, 3; Ord. of 12-19-06, 1)

Sec. 26-88. - Substances, etc., superintendent may prohibit.
No person shall discharge or cause to be discharged the following described substances, materials,
waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either
the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or
can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to
the acceptability of these wastes, the superintendent will give consideration to such factors as the
quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of
the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances
prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees
Fahrenheit (sixty-five (65) degrees Celsius).
Page 338
(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of
one hundred fifty (150) mg/l or containing substances which reach a viscosity of fifty-five (55)
cps at twenty-five (25) degrees Celsius.
(3) Any garbage that has not been properly shredded. The installation and operation of any
garbage grinder equipped with a motor of three-fourths horsepower (seventy-six hundredths
horsepower metric) or greater shall be subject to the review and approval of the superintendent.
(4) Any waters or wastes containing strong acid pickling wastes, or concentrated plating solutions
whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine requirement, to such degree that any
such material received in the composite sewage at the sewage treatment works exceeds the
limits established by the superintendent for such materials. (For industrial process wastes, see
section 26-89).
(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such
concentrations exceeding limits which may be established by the superintendent as necessary,
after treatment of the composite sewage, to meet the requirements of the state, federal, or other
public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits
established by the superintendent in compliance with applicable state or federal regulations.
(8) Any waters or wastes having a pH in excess of 9.0 or below 5.5.
(9) Materials which exert or cause:
a.
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth,
lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate).
b.
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
c.
Unusual BOD, chemical oxygen demand, or chloride requirements in such quantities as to

constitute a significant load on the sewage treatment works.
d.
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by
the sewage treatment processes employed, or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(11) Any waste prohibited by Environmental Protection Agency standards 40 CFR 403.
(Ord. of 2-1-83, Art. V, 4; Ord. of 12-19-06, 2, 3)

Sec. 26-89. - Pretreatment.
(a) All industrial and commercial process wastewater shall be pretreated prior to discharge to the public
sewers, if necessary, in accordance with the provisions of the United States Environmental
Protection Agency, the bureau of pollution control, and/or the city whichever is more stringent. The
minimum pretreatment requirements are as follows:
Parameter
Maximum
Concentration
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(mg/l)
5-day biochemical oxygen demand (BOD)
300.0
Suspended solids (SS)
300.0
Total Kjeldahl nitrogen (TKN)
40.0
Oil and grease (O&G)
50.0
Arsenic
0.05
Barium
1.00
Boron
1.00
Cadmium
0.05
Chromium
0.15
Copper
1.00/0.30/0.10*
Cyanide
0.10
Lead
0.10
Mercury
0.02
Nickel
0.3
Selenium
0.05
Silver
0.24
Zinc
1.50/0.50/0.20*
*For copper and zinc, the maximum concentration (mg/L) is determined by whether the discharger is
classified as a minor discharger (less than ten thousand (10,000) gallons of wastewater per day),
moderate discharger (between ten thousand (10,000) gallons of wastewater per day). For these metals in
Page 340
the list above, the first number is the maximum concentration for minor dischargers, the second is for
moderate dischargers, and the third is for major dischargers.
(b) As a condition for authorization to dispose of industrial wastes through the municipal system, the
industrial applicant for a sewer permit shall provide the city with information describing wastewater
constituents and characteristics, and the type of activity and quantity of production.
(Ord. of 2-1-83, Art. V, 5; Ord. of 12-19-06, 4; Ord. of 10-16-07, 1)

Sec. 26-90. - Actions superintendent may take with regard to certain wastes.
(a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which
waters contain the substances or possess the characteristics enumerated in sections 26-88 and 2689 of this division, and which in the judgment of the superintendent, may have a deleterious effect
upon the sewage works, processes, equipment or receiving waters, or which otherwise create a
hazard to life or constitute a public nuisance, the superintendent may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by
existing taxes or sewer charges under the provisions of section 26-94 of this division.
(b) If the superintendent permits the pretreatment or equalization of waste flows, the design and
installation of the plants and equipment shall be subject to the review and approval of the
superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.
(Ord. of 2-1-83, Art. V, 6)

Sec. 26-91. - Interceptors.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they
are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any
flammable wastes, sand, or other harmful ingredients; except that, such interceptors shall not be required
for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the
superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection.
(Ord. of 2-1-83, Art. V, 7)

Sec. 26-92. - Preliminary treatment facilities.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they
shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Ord. of 2-1-83, Art. V, 8)

Sec. 26-93. - Control manhole.
When required by the superintendent, the owner of any property serviced by a building sewer
carrying industrial wastes shall install a suitable control manhole together with such necessary meters
and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of
the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be
Page 341
constructed in accordance with plans approved by the superintendent. The manhole shall be installed by
the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(Ord. of 2-1-83, Art. V, 9)

Sec. 26-94. - Measurements, tests, etc.
All measurements, tests, and analyses of the characteristics of waters and wastes to which
reference is made in this article shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater published by the American Public Health
Association and/or the latest edition of "Methods for Chemical Analysis of Water & Wastes" published by
the Environmental Protection Agency (EPA) and shall be determined at the control manhole provided, or
upon suitable samples taken at such control manhole. If no special manhole has been required, the
control manhole shall be considered to be the nearest downstream manhole in the public sewer to the
point at which the building sewer is connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works and to determine the existence of
hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-fourhour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be
taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls whereas pH's are determined from periodic grab samples.)
(Ord. of 2-1-83, Art. V, 10; Ord. of 12-19-06, 5)

Sec. 26-95. - Special agreements.
Nothing contained in this division shall be construed as preventing any special agreement or
arrangement between the city and any industrial concern whereby an industrial waste of unusual strength
or character may be accepted by the city for treatment, subject to payment therefor, by the industrial
concern.
(Ord. of 2-1-83, Art. V, 11)

ARTICLE III. - RATES AND CHARGES
FOOTNOTE(S):
--- (3) --Editor's noteAn ordinance adopted May 18, 2010, repealed ch. 26, art. III, 26-11626-127, in its
entirety and enacted new provision to read as herein set out. Prior to this amendment, art. III pertained to
similar subject matter. See Code Comparative Table for derivation.
State Law reference Authority to establish, maintain, and collect fees for utility services, MCA 1972,
21-27-23.
Page 342
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall
be as follows:
Business establishment shall mean any professional, mercantile, manufacturing, processing or
industrial undertaking.
City shall mean the City of Tupelo, Mississippi, a body corporate and politic.
Combined premises shall mean any structure, property or premises used or occupied or consisting
of one or more business establishments and one or more dwelling units.
Commercial or industrial type building shall mean any structure, property or premises used or
occupied for any purpose other than for human residential occupancy.
Consumer shall mean any person, establishment, unit or space served on or through any water
meter other than the customer in whose name the meter is listed or from whom payment is required.
Customer shall mean the owner of the property served by a water connection or the tenant, lessee,
renter, establishment or occupant of such property or the person in or against whose name the water
connection for such property is listed on the books and records of the city and who is responsible to the
city for payment of bills incurred for water furnished to such property and for use by such property of the
public sewer system of the city, either or both.
Duplex shall mean a building designed, constructed or used for human residential occupancy which
consists of two dwelling units.
Dwelling unit shall mean a building or building space designed, constructed or used for human
residential occupancy on a housekeeping or light housekeeping basis.
Minimum monthly bill shall mean the fixed minimum monthly payment required for a water meter or
connection calculated under the provisions of this chapter.
Multiple dwelling unit type building shall mean a building designed, constructed or used for human
residential occupancy which consists of three or more dwelling units.
Multiple meter shall mean any water meter through which more than one family, establishment,
space or unit is served.
User shall mean a water customer as above defined whose property also discharges sewage,
wastes, or waters into the public sanitary sewer system of the city in any quantity.
(Ord. of 5-18-10, Art. I, 101112)

Sec. 26-117. - Basic water charges inside the city.
(a) The following schedule of water and sewer charges inside the city limits is hereby fixed and
established:
Rate 1 (Minimum monthly billWater and sewer service)
A minimum monthly bill of not less than ten dollars and six cents ($10.06) shall be paid for each
meter for which consumption or usage does not exceed four hundred (400) cubic feet of water.
Rate 2 (Additional usageWater and sewer service)
For each meter for which there may be consumed or used more than four hundred (400) cubic
feet of water per month, payment shall be made at the following rates:
For the first one thousand (1,000) cubic feet used in excess of 400 cubic feet, the charge shall
be twelve dollars and thirty-six cents ($12.36) per M cubic feet.
For the next two thousand cubic feet (2,000) cubic feet used in excess of 1,400 cubic feet, the
charge shall be thirteen dollars and ninety-four cents ($13.94) per M cubic feet.
Page 343
For additional cubic feet used in excess of three thousand four hundred (3,400) cubic feet, the
charge shall be fifteen dollars and eighty-six cents($15.86) per M cubic feet.
Customers inside the municipal limits shall pay a monthly sewer bill equal to one hundred (100)
percent of each respective customer's total monthly water bill for the months of October through
June. The rate shall decrease to eighty-five (85) percent of each respective customer's total
monthly water bill for residential customers inside the municipal limits for the months of July,
August and September.
Provided, however, if any sewer customer inside the municipal limits purchases one hundred
thousand (100,000) gallons or more of water per day from the city on a single meter (the
"qualifying meter"), such customer shall pay a monthly sewer service fee equal to seventy-five
(75) percent of the qualifying meter's water rate based on actual metered discharge into the
sewer system. Said rate reduction applies only to the sewer service fee associated with the
qualifying meter.
Rate 3 (Minimum monthly billWater service only)
A minimum monthly bill of not less than ten dollars and fifty-four cents ($10.54) shall be paid for
each meter for which consumption or usage does not exceed four hundred (400) cubic feet of water.
Rate 4 (Additional usageWater service only)
For the first one thousand (1,000) cubic feet used in excess of four hundred (400) cubic feet, the
charge shall be twelve dollars and ninety-five cents ($12.95) per M cubic feet.
For the next two thousand (2,000) cubic feet used in excess of one thousand four hundred
(1,400) cubic feet, the charge shall be fourteen dollars and fifty-nine cents ($14.59) per M cubic
feet.
For additional cubic feet used in excess of three thousand four hundred (3,400) cubic feet, the
charge shall be sixteen dollars and sixty-one cents ($16.61) per M cubic feet.
(b) The basic water charge as fixed and established by subsection (a) hereof shall apply to all
customers through whose water meter only one family, establishment, space or unit is served.
(c) The schedule of fees for water connection and tap charges inside the city limits is as follows:
WATER CONNECTION AND TAP CHARGES
INSIDE CITY LIMITS
Size
Cost Outside
Paved Areas
Cost Inside
Paved Areas
3/4"
$ 725.00
$1,025.00
1"
875.00
1,175.00
1-1/2"
1,400.00
1,700.00
2"
1,825.00
2,125.00
Page 344
3" and larger
**
**
** Charge will be based on cost of materials, labor and equipment at the time of installation on a caseby-case basis.
SEWER SERVICE CONNECTION CHARGES

;adv=4;INSIDE CITY LIMITS
The schedule of fees for sewer service connection charges inside the city limits is as follows:
Size
Cost Outside
Paved Areas
Cost Inside
Paved Areas
4"
$ 925.00
$1,225.00
6"
1,000.00
1,300.00
8" and larger
**
**
** Charge will be based on cost of materials, labor and equipment at the time of installation on a caseby-case basis.
METER INSTALLATION CHARGES

IN DEVELOPMENTS
Inside City Limits
Outside City Limits
Size
Cost
Size
Cost
3/4"
$325.00
3/4"
$400.00
1"
380.00
1"
475.00
NON-METERED CONNECTION CHARGES FOR EXISTING WATER
Page 345
SYSTEM AND SPRINKLER CONNECTIONS
The schedule of fees for sewer service connection charges is as follows:

Size
Inside City Costs
Outside City Costs
6" 6"
$1,900.00
$2,300.00
8" 6"
2,000.00
2,400.00
8" 8"
2,250.00
3,450.00
Larger connectionsCharge will be based on cost of materials, labor and equipment at the time of
installation on a case-by-case basis.
(d) To avoid payment of city water connection charges, a licensed contractor may obtain a permit from
the Tupelo Water and Light Department so as to install a tap into the existing water mains. A city
permit in the amount of one hundred and fifty dollars ($150.00) will be required for each tap. A city
water and light inspector must be present on site for each tap conducted by a licensed contractor. No
such tap work will be permitted without the presence of a city water and light inspector.
(e) All connections to existing water mains shall be made by machine taps and must conform to the
requirements of the "City of Tupelo Water Distribution System Standard Construction Specifications."
(f)
All surfaces must be restored in accordance with City of Tupelo Public Works requirements. Any
damages incurred upon installation shall be repaired by the contractor at no cost to the City of
Tupelo. The contractor shall install the tap so as not to introduce contaminants into the water system.
The contractor shall be responsible for removal of all contaminants introduced into the system as a
result of his installation and, in addition, the contractor shall also be responsible to the city for all
costs incurred by the city in the removal of such contaminants.
(g) At the request of the property owner and only with the approval of the City of Tupelo Water and Light
Collections Manager, a property owner may pay the connection and tapping charges as established
in subsection (c) of this chapter in monthly installments for a period not to exceed twelve (12)
months.
A set-up and recording fee of twenty-five dollars ($25.00) will be required of the property owner at
the time the request for the installment payment plan is approved by the water and light collections
manager.
Installment payments will be included in the property owner's monthly water and light bill. Payment in
full will be due upon the sale of the property or any termination of water and sewer services by the
property owner or the City of Tupelo.
(Ord. of 5-18-10, Art. II, 201207; Ord. of 10-8-2013(1), 1(Art. II, 201))
Sec. 26-118. - Water rates for multiple meters.
Page 346
(a) For each multiple meter, the payment of a minimum monthly bill for water calculated as follows is
hereby required:
Minimum Bill number of families, establishments, space or unit
(b) There may be consumed or used through each multiple meter, without any payment, other than the
required minimum monthly bill, the monthly quantities of water as afterward provided herein, being
four hundred (400) cubic feet for each family, establishment, space or unit.
(c) For water consumed or used through a multiple meter, in quantities greater than the monthly
quantities allowed for the minimum monthly bill, payment is hereby required upon the following basis:
Rate 3
The rates prescribed in section 26-117 hereof multiplied by the number of families, establishments,
space or units served.
(Ord. of 5-18-10, Art. III, 301303)

Sec. 26-119. - Residential type buildings.
(a) Each residential type building whether it is a single dwelling unit, a duplex or a multiple dwelling unit
type, shall be separately metered for water.
(b) For each duplex and each multiple dwelling unit type building, payment of the monthly charges for
water used or consumed through the water meter therefore is required as set forth in section 26-118
(Ord. of 5-18-10, Art. IV, 401, 402)

Sec. 26-120. - Commercial and industrial type.
(a) Each commercial or industrial type building or premises wholly occupied by only one commercial,
industrial or business establishment shall be separately metered for water and shall pay for water
used or consumed at the rates prescribed in section 26-117 hereof.
(b) Each commercial or industrial type building or premises occupied by more than one commercial,
industrial or business establishment shall be metered for water and shall pay for water used or
consumed through the water meter therefor is hereby required as set forth in section 26-118
(Ord. of 5-18-10, Art. V, 501, 502)

Sec. 26-121. - Combined premises.
(a) Each combined premises shall be metered for water and shall pay for water consumed or used at
the following rates:
(1) For each commercial, business or industrial establishment or space served through the meter
for such premises, there shall be paid a minimum monthly bill prescribed in section 26-117 for
which there may be used or consumed four hundred (400) cubic feet of water.
(2) For each dwelling unit served through the meter for such premises, there shall be paid a
minimum monthly bill prescribed in section 26-117 for which there may be used or consumed
four hundred (400) cubic feet of water.
(3) Water used or consumed by such property above the quantities allowed and calculated by
subsection (a)(1) and (2) hereof, shall be billed and paid for at the charges fixed in section 26118 hereof beginning with Rate 3.
Page 347
(4) The owner of any combined premises may, at his own option, provide that all or any of the
separate spaces or units in or on such property shall be separately metered for water. Each
such space or unit so separately metered shall pay the charges for water as fixed by section 26117 hereof.
(Ord. of 5-18-10, Art. VI, 601)

Sec. 26-122. - Sewer service use charge.
The approved sewer user charge system, included herein by reference shall include an itemized
budget reflecting the costs of operation and maintenance (including replacement) of the public sewage
works and retirement of existing debt including repayment of any water pollution control revolving fund
loans. It shall also include the revenues dedicated to these costs and demonstrate that they are adequate
based on the use of the system and the sewer user charge rates.
The head of the water and light department shall review the sewer user charge system periodically,
and shall make recommendations to the city council to revise the sewer user charge system and/or rates,
if necessary, to generate sufficient revenue to pay the total costs necessary for the proper operation and
maintenance (including equipment replacement) of the sewage works and retirement of existing debt
including the repayment of any water pollution control revolving fund loan.
(1) Each user of the public sanitary sewer system of the city, is hereby required to pay to the city
each month, as a sanitary sewer service basis charge or rate, one hundred percentum (100%)
of said user's water bill for the current month, which amount is hereby fixed and established as
a monthly rate or basic charge for use of the sanitary sewer facilities of the city.
(2) Each person, firm, corporation, association or establishment whose property or premises
discharges sewage, waste or waters in any quantity into the public sanitary sewer of the city,
but who is not a water customer of the city is hereby required to meter the source of water
supply used with an appropriate meter of a design approved by the city and to pay a monthly
sewer service basic charge or rate equal to one hundred percentum (100%) of the water bill
which would be payable to the city for the current month if said person, firm, corporation or
establishment was a water customer of the city, which amount is hereby fixed and established
as the monthly rate or basic charge for such use of the public sanitary sewer facilities of the city.
(3) Each user of the public sanitary sewer system of the city, who is also a water customer of the
city, but who obtains, uses or consumes water from any source other than from the city is
hereby required to meter such other source of water supply with an appropriate meter of a
design approved by the city and to pay a monthly sewer service charge equal to one hundred
percentum (100%) of the amount of the water bill which would be payable to the city for the
current month if such user did not obtain, use or consume water from such other source.
(Ord. of 5-18-10, Art. VII, 701703)

Sec. 26-123. - Industrial waster surcharge.
(a) In the event that an industrial user discharges industrial wastes to the sewage works having an
average biochemical oxygen demand (BOD) content in excess of three hundred (300) milligrams per
liter (mg/l), and/or an average total suspended solids (TSS) contents in excess of three hundred
(300) mg/l and/or an average of total kjeldahl nitrogen (TKN) content in excess of forty (40) mg/l,
and/or an average oil and grease (O&G) content in excess of one hundred (100) mg/l, said industrial
user shall pay a surcharge based upon the excess strength of their discharges.
(b) Industrial users shall be defined as any nongovernmental, nonresidential user of the public sewage
works which discharges more than the equivalent of twenty-five thousand (25,000) gallons per day
(GPD) of sewage and which is identified in the Standard Industrial Classification Manual, 1972,
Page 348
Office of Management and Budget, as amended and supplemented under one of the following
divisions:
(1) Division AAgriculture, Forestry, and Fishing.
(2) Division BMining.
(3) Division DManufacturing.
(4) Division ETransportation, Communication, Electric, Gas and Sanitary Services.
(5) Division IServices.
(c) Any nongovernmental user of the sanitary sewage facilities of the city shall also be considered as an
industrial user if such user discharges to the sewage works sewage which contains toxic pollutants
or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other
wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any
sewage treatment process, or which constitutes a hazard to humans or animals, creates a public
nuisance, or creates any hazards in or has an adverse effect on the waters receiving any discharge
from the sanitary sewerage facilities of the city.
(d) The costs of treatment for each pound of BOD, TSS, TKN and O&G removed from the sanitary
sewerage facilities of the city shall be reviewed at the end of each fiscal year of the city and
appropriate surcharge rates applied to the sewage billing. These rates shall be in effect until the next
annual rate review.
(Ord. of 5-18-10, Art. VII, 704(704.1704.4))

Sec. 26-124. - Method of billing surcharge.
(a) The industrial waste surcharge shall be based on the following formula, with the total applied to the
monthly bill of affected users:
A(E-300) + B(F-300) + C(G-40) + D(H-100) 8.3411J / 1000 = Surcharge Payment ($/MO)
Where:
A.
Surcharge Rate for BOD, $0.20/Pound
B.
Surcharge Rate for TSS, $0.20/Pound
C.
Surcharge Rate of TKN, $0.50/Pound
D.
Surcharge Rate for Grease, $0.50/Pound
E.
Industrial User's BOD Concentration, in mg/l
F.
Industrial User's SS Concentration, in mg/l
G.
Industrial User's TKN Concentration, in mg/l
H.
Industrial User's Oil and Grease Concentration, in mg/l
I.
Industrial User's Flow to Sewage Works, in 1000 gallons/day
(b) No reduction in sewage service charges, fees, or taxes shall be permitted because of the fact that
certain industrial wastes discharged to the sewage works contain less than three hundred (300) mg/l
of BOD, three hundred (300) mg/l of TSS, forty (40) mg/l of TKN or less than one hundred (100) mg/l
of O&G.
(c) Each industrial user shall construct a sampling station, of a design approved by the city, on each line
discharging wastewater into the public sanitary sewer facilities of the city. The station shall be fully
accessible to the city at any time.
Page 349
(Ord. of 5-18-10, Art. VII, 705(705.1705.3))

Sec. 26-125. - Stub hookup charges.
For each sanitary sewer stub out of main, both within and outside of the corporate limits, the hook-up
charge shall be as follows:

Inside City Limits
Cost
Size
Outside Paved
Area
In Paved Area
4"
$ 925.00
$1,225.00
6"
1,000.00
1,300.00
8"
**
**
** Charge will be based on cost of materials, labor, and equipment at the time of installation on a caseby-case basis.
(Ord. of 5-18-10, Art. VII, 706)

Sec. 26-126. - Special arrangementsSewer service charge.
Any processing type industry which consumes entirely on its premises of property a substantial
portion of the water required for the operation of its establishment or which discharges into storm sewers
or a natural outlet unpolluted process waters under the provisions of the sewer use ordinances of the city
and under a permit issued by the State of Mississippi Bureau of Pollution Control, in lieu of being billed
upon the quantity of water used, may elect to measure the wastewater flow discharge into the city's sewer
system with an indicating and totalizing meter of a design approved by the city, measurements of flow
being reported to the city monthly.
(Ord. of 5-18-10, Art. VIII, 801)

Sec. 26-127. - Meter deposits, billing and payment.
(a) At the option of the city, payment in advance may be required of any monthly minimum bill fixed and
established by this chapter.
Page 350
(b) A meter deposit for all water connections hereafter made shall be required upon the following basis:
For a connection and meter to serve any type of service herein described, a deposit of twice the
estimate of the city of the monthly bill to be incurred through such meter, but in no instance less than.
Water deposits:
Residential homeowners
$35.00
Residential renters
50.00
(c) Billing for water consumed and for sewer service furnished, either or both, shall be upon a monthly
basis and shall specify the due date upon which payment is to be made. The foregoing rates upon
which billing is based are net, the gross rates being ten (10) percent higher. In the event the current
monthly bill is not paid within fifteen (15) days from due date of bill, the gross rates shall apply. And,
if payment is not made on or before twenty-five (25) days after due date as specified, water and
sewer service, at the option of the city, may be discontinued to the customer, user, or property.
(d) In the event any meter shall be or become inoperative during any billing period, the city reserves the
right to bill the customer or user upon the basis of the past average bill for the same season or
period, or upon the basis of the last preceding bill for said customer or user for a full billing period
during which the meter of said customer or user was continuously in proper operation. And, payment
of such a bill so determined is hereby required upon the same terms and conditions as all other bills
under the provisions of this chapter.
(Ord. of 5-18-10, Art. IX, 901904)

Sec. 26-128. - Water and sewer service outside city limits.
When economically feasible, the water department of the city, at its expense, will extend its water
and sewer systems along existing county roads into areas adjacent to the city's corporate limits. The
installation of water and sewer lines in all subdivisions, both residential and industrial, will be at the
expense of the developer. Service will be on the following basis, each premises being serviced through a
separate and metered service with the following connection charges in effect:
WATER CONNECTION AND TAP CHARGES
OUTSIDE CITY LIMITS
Size
Outside Paved Areas
Inside Paved Areas
3/4"
$ 915.00
$1,215.00
1"
1,050.00
1,350.00
1 1/2"
1,700.00
2,000.00
2"
2,200.00
2,500.00
Page 351
3" and Larger
**
**
** Charges will be based on cost of materials, labor and equipment at the time of installation on a case
by case basis.

OUTSIDE CITY LIMITS
Size
Outside Paved Areas
Inside Paved Areas
4"
$1,125.00
$1,425.00
6"
1,260.00
1,560.00
**
**
8" and Larger
** Charges will be based on cost of materials, labor and equipment at the time of installation on a case
by case basis.
NON-METERED CONNECTION CHARGES FOR EXISTING

WATER SYSTEM AND SPRINKLER CONNECTIONS
Size
Outside City Costs
6" 6"
$2,300.00
8" 6"
2,400.00
8" 8"
3,450.00
Larger connectionsCharge will be based on cost of materials, labor and equipment at the time of
installation on a case-by-case basis.
The following schedule of water charges outside the city limits is hereby fixed and established:
Page 352
Rate 1(Minimum monthly billWater and sewer service)

A minimum monthly bill of not less than thirteen dollars and forty cents ($13.40) shall be paid for
each meter for which consumption or usage does not exceed four hundred (400) cubic feet of water.
Rate 2 (Additional usageWater and sewer service)
charge shall be fourteen dollars and fifty-nine cents ($14.59) per M cubic feet.
For additional cubic feet used in excess of one thousand four hundred (1,400) cubic feet, the
charge shall be sixteen dollars and nine cents ($16.09) per M cubic feet.
Customers outside the municipal limits, but served by city water services, shall pay a monthly
sewer bill equal to one hundred fifty (150) percent of each respective customer's total monthly
water bill for the months of January through December, where sanitary sewer lines are
available.
Provided, however, if any sewer customer outside the municipal limits who is served exclusively
by city water services produces two hundred thousand (200,000) gallons or more of wastewater
per day to be processed through the city wastewater facility, such customer shall pay an
amount for monthly sewer service equal to one hundred (100) percent of such customer's
monthly water bill. Sewer customers outside the municipal limits who are not served by city
water services exclusively shall pay a monthly sewer bill equal to one hundred fifty (150)
percent of what their monthly water bill would be if city water rates applied to such customer's
actual water usage, provided that the water association which provides water service to such
customers will provide to the city the monthly water meter readings for all of its customers
served by city sewer without charge to the city or by other agreement. If the water association
which provides water service to city sewer customers who are outside the municipal limits will
not provide water meter readings, then the city sewer customers will pay a monthly sewer fee in
an amount equal to one hundred fifty (150) percent of the average monthly water bill for
residential customers of the certificated area of the Tupelo Water and Light Department from
the previous calendar year. This flat rate will be adjusted at the beginning of each calendar
year. Industrial waste surcharges for customers located outside the corporate limits shall be the
same as for industrial customers located inside the corporate limits of the city. In the event that
there is any conflict or overlap between section 26-122 and this section, this section shall take
precedence.
Rate 3 (Minimum monthly billWater service only)
A minimum monthly bill of not less than fourteen dollars and three cents ($14.03) shall be paid
for each meter for which consumption or usage does not exceed four hundred (400) cubic feet of
water.
Rate 4 (Additional usageWater service only)
charge shall be fifteen dollars and twenty-eight cents ($15.28) per M cubic feet.
For additional cubic feet used in excess of one thousand four hundred (1,400) cubic feet, the
charge shall be sixteen dollars and eighty-four cents ($16.84) per M cubic feet.
(Ord. of 5-18-10, Art. X, 1001; Ord. of 10-8-2013(1), 2(Art. X, 1001))

Page 353
Sec. 26-129. - General.

The rates, fees, charges and regulations set forth in this article shall be effective for all purposes and
for all meters read on or after November 7, 2013.
(Ord. of 5-18-10, Art. XI, 1101; Ord. of 10-8-201391), 4(Art. XI, 1101)
Secs. 26-13026-140. - Reserved.
ARTICLE IV. - WATER SUPPLY
FOOTNOTE(S):
--- (4) --State Law reference Municipal authority to maintain and operate waterworks, MCA 1972, 21-27-2.
Sec. 26-141. - Use of water by consumers installing and using air-conditioning equipment.
(a) Consumers installing air-conditioning equipment of three (3) tons rating or more shall be required to
have installed at the time of installation suitable water recirculating equipment meeting the
requirements of and installed in accordance with the plumbing code of the city and such recirculating
equipment shall be approved by the manager or superintendent of the water department.
(b) Water service to any consumer shall promptly be discontinued as a result of a violation of any
provisions of this section.
(Ord. of 9-7-54, 1(a), (c))

Sec. 26-142. - Waste of water prohibited.
(a) It shall be unlawful for any person to permit or allow the water furnished by the city waterworks plant,
on the premises occupied by such person, to run for any purpose except in the ordinary use of such
water, and any person violating the provisions of this section shall upon conviction be punished as
provided in section 1-8 of this Code, and in addition, water service may be denied such person in the
discretion of the mayor and board of aldermen.
(b) It shall be unlawful for any tenant or occupant of any store, house, office, dwelling or other building in
the city in which water fixtures are installed and used or on which premises any hydrant is located to
allow the fixtures or any part thereof or any hydrant to remain out of repair so as to cause a waste of
water on such account for more than twenty-four (24) hours after notice to repair the same.
(Ord. of 7-3-06; Ord. of 1-6-20, 1)

Sec. 26-143. - Tampering with waterworks system.
It shall be unlawful for any person to tamper with or in any way interfere with any water hydrant, plug
or any part or portion of the waterworks system of the city.
Page 354
(Ord. of 2-2-15)
Sec. 26-144. - Fire hydrants.
Any person who at any time intentionally tampers with, damages, opens or uses without express
authority a fire hydrant belonging to the city shall be deemed guilty of a misdemeanor and punished as
provided in section 1-8 of this Code.
(Ord. of 5-3-88, 6)
Secs. 26-14526-160. - Reserved.
DIVISION 2. - SHORTAGES OF WATER

The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Water shortagemeans any condition where the rate of demand on the municipal water supply has
exceeded the rate at which water is supplied to the municipal water system for a period of twenty-four
(24) hours or more, or any set of circumstances which probably will lead to a water shortage crisis.
Water shortage crisis means:
(1) Any condition where the public health, welfare and safety are or may be adversely affected by a
shortage of available water;
(2) Any loss or contamination of one (1) or more water wells or sources;
(3) Any loss or contamination of one (1) or more water storage tanks or facilities; or
(4) Any drought, extended dry period or other climatic condition significantly affecting water supply
or demand.
(Ord. of 5-3-88, 1)
Sec. 26-162. - Water shortage alert.
(a) If a water shortage occurs, the mayor is hereby authorized to issue a water shortage alert. The water
shortage alert may call for voluntary conservation measures by industrial, commercial and residential
consumers. The water shortage alert may recommend a program of water conservation, including,
without limitation, no outdoor water usage or outdoor usage on alternate days only.
(b) During the period of a water shortage alert, street washing shall be discontinued and outdoor water
usage by the city shall conform to and comply with the voluntary measures recommended in a water
shortage alert, unless expressly authorized by the mayor.
(Ord. of 5-3-88, 2)
Sec. 26-163. - Declaration of water shortage crisis.
Page 355
If the mayor and board of aldermen shall determine that a water shortage crisis exists, the mayor
and board of aldermen may publicly declare a water shortage crisis by resolution or order which shall be
effective from and after the date of passage. The resolution or order shall specify the term of the water
shortage crisis which may be extended or terminated by resolution or order. The city clerk shall cause the
resolution or order to be published in a newspaper of general circulation in the city within five (5) days
after passage and shall distribute copies of the resolution or order to radio and television stations in the
county.
(Ord. of 5-3-88, 2)
Sec. 26-164. - Prohibited uses during water shortage crisis.
During the term of a water shortage crisis declared by the mayor and board of aldermen, the
withdrawal or use of water from the municipal water system by any person or entity for the following
purposes is prohibited:
(1) The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground covers, plants,
vines, gardens, vegetables, flowers, or any other vegetation. This prohibition shall not apply to
commercial nurseries, florist shops, or any other business whose primary source of revenue is
the retail or wholesale distribution of living plants; all other restrictions and prohibitions shall
apply to such businesses.
(2) The washing of automobiles, trucks, trailers, trailer houses, railroad cars, or any other type of
mobile equipment. This prohibition shall not apply to any business whose primary source of
revenue is the washing of mobile equipment; all other restrictions and prohibitions shall apply to
such businesses.
(3) The washing of streets, sidewalks, driveways, service station aprons, porches and other
outdoor surfaces.
(4) The washing of the outsides of dwellings and the washing of the insides and outsides of office
and commercial buildings.
(5) The washing and cleaning of any business or industrial equipment and machinery. This
prohibition shall not apply to equipment and machinery used in food processing, food
preparation or any other use which requires sanitary conditions for the protection of consumers;
all other restrictions and prohibitions shall apply to such businesses.
(6) The operation of any ornamental fountain or other structure making similar use of water.
(7) Air-conditioning cooling towers which are not fitted with water conservation and anti-evaporation
devices to the owner.
(8) The filling of any empty or substantially empty swimming or wading pool.
(9) The refilling of any swimming and wading pools not employing a filter and recirculating system.
(10) The escape of water through defective plumbing which is known or should have been known.
(Ord. of 5-3-88, 3)
Sec. 26-165. - Industrial and business restrictions.
During the term of a water shortage crisis declared by the mayor and board of aldermen, all
businesses and industries using the municipal water system shall be prohibited from withdrawing or using
each month an amount of water in excess of the average monthly usage during the preceding twelve (12)
months or during the number of months the business or industry has used the municipal water supply, if
less than twelve (12) months, as such average is determined by the water and light department.
Page 356
(Ord. of 5-3-88, 4)
(a) During the term of a water shortage crisis declared by the mayor and board of aldermen, any person
found in violation of this division shall be issued a written warning which states that a water shortage
crisis exists, describes the prohibited usages of water, and notifies the person that subsequent
violations may result in a fine or discontinuance of water service. The written warning shall be
delivered to the person or, if the person is unavailable, it shall be posted at the site of the prohibited
use, and the enforcement officer shall return a record of the warning to the police department.
(b) Any person violating any of the provisions of this division within one hundred eighty (180) days after
the date of the issuance of a written warning shall be cited for and guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not exceeding fifty dollars ($50.00). The citation shall
be delivered to the person or, if the person is unavailable, it shall be mailed to such person by
certified mail, return receipt requested.
(c) Any person violating any of the provisions of this division within one hundred eighty (180) days after
the receipt of a citation for violation hereof shall be cited and deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00)
and shall have water services discontinued for a period not exceeding ninety (90) days.
(d) Every police officer of the city shall diligently enforce provisions of this division. Records of all
warnings, citations and fines shall be retained for a period of at least one (1) year.
(Ord. of 5-3-88, 5)
Secs. 26-16726-169. - Reserved.
ARTICLE V. - STORMWATER
DIVISION 1. - QUALITY

The short title of this division shall be the "Tupelo Stormwater Quality Ordinance."
(Ord. of 1-16-90, 1(1.1))

The following words and phrases when used in this division shall have the meanings respectively
ascribed to them:
Discharge means the act of passively causing an item to be put into a stormwater system by means
of pipes or smaller ditches.
Dumping means the act of physically causing an item to be put into a stormwater system.
Manmade watercourse means a ditch, created by man, that carries stormwater.
Natural watercourse means a ditch, created by nature, that carries stormwater.
Objectionable items means products or byproducts that, in the opinion of this division, are not
conducive to the community as a whole.
Page 357
Stormwater system means the system by which rainwater, in an orderly fashion, is removed from
public and private property.
(Ord. of 1-16-90, 2)
Sec. 26-172. - Purpose and scope.
(a) The purpose of this division is to establish administrative and enforcement procedures to evaluate
and regulate the dumping or discharge of objectionable items into the stormwater system.
(b) This division is intended to address past and future problems experienced with objectionable items
that either intermittently or unintentionally find their way into the stormwater system.
(c) This division is being enacted pursuant to the authority granted to the city by MCA 1972, 21-17-1
and 17-1-3. It shall apply to all natural watercourses, manmade watercourses or pipe systems
located within the municipal boundaries of the city.
(Ord. of 1-16-90, 1(1.2), (1.3))

Sec. 26-173. - Relationship to other regulations.
(a) The regulations contained in this division are supplemental to any other applicable federal, state, or
local regulations which may be construed as pertaining to stormwater quality.
(b) Words and phrases contained in this division not specifically defined are to be construed in the
context of such other regulations. In the event of any conflict between this division and other such
(Ord. of 1-16-90, 1(1.4))

This division shall apply to all areas within the corporate boundaries of the city, as prescribed by the
ordinances of the city. Should these corporate boundaries be expanded, this division shall apply
immediately to any annexed area.
(Ord. of 1-16-90, 1(1.5))

The department of public works is hereby designated as the administrator of this division, and the
department shall have the primary responsibility for its implementation and enforcement. Any references
in this division to the "administrator" shall refer to this department and its employees, individually and
collectively. Specific job duties with respect to this division may be assigned by the director of the
department.
(Ord. of 1-16-90, 3(3.1))

Failure to comply with this division shall result in a fine of five hundred dollars ($500.00) per day
beginning on the first day following written notice of the violation and a stated time period included in this
written notice to correct the violation.
Page 358
(Ord. of 1-16-90, 3(3.2))

Sec. 26-177. - Inspections.
Upon contact by residents, city officials or from self knowledge, the administrator shall visit the site of
the alleged violation of this division. Upon inspection of the site, the administrator shall make a
determination as to whether a violation has or has not occurred. The following shall be considered as
objectionable items:
(1) Gasoline, oil or petroleum products and byproducts;
(2) Detergents;
(3) Processed or unprocessed animal byproducts;
(4) Chemicals, other than those commonly used for ditch maintenance;
(5) Leaves placed by dumping;
(6) Couches, chairs, mattresses, etc.;
(7) Garbage or other consumer goods waste;
(8) Grease of animal fats;
(9) Deceased animals;
(10) Trees, limbs, and parts of trees;
(11) Hazardous wastes (shall be promptly reported to federal authorities);
(12) Any item that, in the opinion of the administrator, would adversely affect stormwater quality.
(Ord. of 1-16-90, 4(4.1))

Sec. 26-178. - Compliance.
If in the determination of the administrator a violation has occurred, the following steps shall be
taken:
(1) The violator shall be presented written notice informing the violator of the administrator's
findings.
(2) A specific time period to correct the violation shall be stated in the written notice.
(3) On the first day following the expiration of the stated time period, the administrator shall fine the
violator a penalty of five hundred dollars ($500.00) for each day that the violation is not
corrected.
(4) If after a reasonable length of time it has become apparent that the violator will not correct the
problem, the administrator shall correct the violation. The administrator shall use city forces or
private forces and add the cost of correcting the violation to the accrued fines imposed.
(5) Should the property be leased or rented by a violator, the owner of the property shall receive the
same written notice and ultimately be responsible for any fines or correction costs.
(6) Should the correction costs or fines not be paid, these costs after due process shall be entered
and attached to the property taxes of the real property that is in violation.
(Ord. of 1-16-90, 4(4.2))

Page 359
DIVISION 2. - RETENTION AND DETENTION

The short title of this article shall be the "Tupelo Stormwater Retention and Detention Ordinance."
(Ord. of 12-19-89, 1(1.1))

The following words and phrases, when used in this article shall have the meanings respectively
ascribed to them:
Detention means the holding of stormwater or rainwater on-site until existing drainage systems can
accommodate the runoff.
Retention means the slowing of stormwater or rainwater runoff from leaving the site so that output
into existing drainage systems can be maintained at specified levels.
Ten-year frequency rainstorm means a rainstorm with a ten (10) percent chance of being equaled or
exceeded in any given year.
(Ord. of 12-19-89, 2)
(a) The purpose of this article is to establish administrative and enforcement procedures to evaluate and
regulate on a case-by-case basis the impact that proposed developments of all types have to
stormwater runoff of that development and on surrounding areas and to require if needed that all
proposed developments provide for adequate stormwater retention and detention.
(b) It is also intended that this article prevent or alleviate future drainage problems stemming from
development of property within the city. Realizing that development is crucial to the promotion of
industry and jobs, business and commerce, housing, and private and public revenue, it is also
important to prevent future drainage problems which waste private and public resources when the
situation can be controlled through measures which will not make the cost of development
prohibitive.
(Ord. of 12-19-89, 1(1.2))

Sec. 26-183. - Scope.
This article is being enacted pursuant to authority granted to the city by MCA 1972, 21-17-1 and
17-1-3. It shall apply to all proposed developments of real property located within the municipal
boundaries of the city where a building permit is required prior to commencement of the development.
(Ord. of 12-19-89, 1(1.3))

Sec. 26-184. - Relationship to zoning and other regulations.
(a) The regulations contained in this article are supplemental to any other applicable federal, state or
local regulations which may be construed as pertaining to the development of real property, including
Page 360
buildings, structures and improvements thereon. This specifically includes the zoning ordinance and
all building and other construction codes adopted by the city.
(b) Words and phrases contained in this article not specifically defined are to be construed in the context
of such other regulation. In the event of any conflict between these regulations and other such
(c) All references to zones, with regard to permitted uses or any other regulations in this article, refer to
the zones established by the zoning ordinance, as amended, and the zoning map, as amended and
on file at the city hall. Should any zoning classifications be added or changed, the regulations of the
most similar existing classifications, as determined by the board of alderman upon consideration of
the recommendations of the planning committee, shall apply until such time as this article may be
amended.
(Ord. of 12-19-89, 1(1.4))

This article shall apply to all areas within the corporate boundaries of the city as prescribed by the
ordinances of the city. Should these corporate boundaries be expanded, this article shall apply
immediately to any annexed area. The city may, at its discretion, adopt a temporary land use plan for any
area so annexed to provide for the establishment of use zones to which this article shall apply.
(Ord. of 12-19-89, 1(1.5))

The department of public works is hereby designated as the administrator of this article, and this
department and shall have the primary responsibility for its implementation and enforcement. Any
references to the "administrator" shall refer to this department and its employees, individually and
collectively. Specific job duties with respect to this article may be assigned by the director of the
department.
(Ord. of 12-19-89, 3(3.1))

Failure to comply with this article shall result in the rejection of the application for a building permit or
the revocation of that permit for failure to comply after initial grant of that permit.
(Ord. of 12-19-89, 3(3.2))

Sec. 26-188. - Review of building permits.
(a) The administrator shall review each application for a building permit submitted to the department of
planning and development and evaluate the proposed development on a case-by-case basis to
determine whether that development will significantly increase stormwater runoff. This determination
will be based on the following factors:
(1) Location and size of the development;
(2) Slope and soil conditions;
(3) Existing drainage systems and facilities; and
Page 361
(4) Other considerations which may pertain to the discharge of stormwater from the development of
the site.
(b) Should a determination be made that stormwater runoff will be significantly increased, then the
regulations contained in this article shall apply.
(Ord. of 12-19-89, 4(4.1))

Sec. 26-189. - Site plan.
(a) Following a determination by the administrator that stormwater runoff will be significantly increased,
then the administrator shall require the owner, developer or agent of either applying for the building
permit to submit a site plan which will provide for the prescribed stormwater retention and detention.
(b) The plan shall comply with the following requirements:
(1) The calculated peak rate of stormwater runoff resulting from a ten-year return frequency,
twenty-four-hour duration rainfall shall be no greater after development of the site than that
which would result from a ten-year return frequency, twenty-four-hour duration rainfall on the
same site prior to development of the site.
(2) All existing ordinance regulations promulgated by the city and governing street standards must
be complied with.
(3) All existing ordinances and regulations promulgated by the city and governing pipe and sewer
standards must be complied with.
(Ord. of 12-19-89, 4(4.2))

Sec. 26-190. - Compliance with plan.
(a) If any or all of the criteria in this article cannot be met, the administrator may reject the site plan. The
rejection of the stormwater retention and detention site plan shall prevent the granting of any building
permit for the development until such time that an acceptable stormwater retention and detention site
plan is approved by the administrator. In making the decision to reject the site plan, the administrator
shall consider the following factors:
(1) The degree of compliance with the criteria set forth in section 26-189
(2) The detrimental impact on surrounding property and existing drainage systems and facilities
caused by a failure to comply;
(3) The cost to the developer of a required stormwater retention and detention plan which would
comply.
(b) The administrator is empowered and directed to make inspections of each development once the
site plan is approved and a building permit issued. Failure to comply with the specifications of the
approved site plan will result in a revocation of the building permit.
(Ord. of 12-19-89, 4(4.3))

Sec. 26-191. - Regulation of fill, excavation and illegal dumping.
(a) Statutory authorization and purpose.
(1) Statutory authorization. The mayor and board of aldermen are empowered by MCA 1972,
21-19-1 and 17-1-3, as amended, to enact regulations to secure the general public health,
safety and welfare.
Page 362
(2) Purpose. It is the purpose of this section to promote the public health, safety and general
welfare and to prevent or alleviate problems due to fill, excavation and illegal dumping by
provisions designed to:
a.
Regulate the filling of lots, parcels or portions thereof;
b.
Prohibit illegal dumping on lots, parcels or portions thereof;
c.
Ensure proper fill quality;
d.
Reduce or eliminate increased stormwater runoff;
e.
Prevent or alleviate beautification problems associated with improper fill and/or illegal
dumping;
f.
Prevent potential construction and development problems due to improper fill and/or illegal
dumping;
g.
Prevent or alleviate drainage problems occurring because of unregulated dumping and

filling of land within the city; and
h.
Ensure that filling of land is in accordance with sound environmental, construction and
engineering principles.
(b) Definitions. The following words and phrases, when used in this section shall have the meanings
respectively ascribed to them:
Construction-fill means a lot, parcel, or a portion of a lot or parcel which is to be filled and on
which construction on such lot or parcel is contemplated either immediately as evidenced by the
simultaneous application for a building permit or application for building permit is contemplated within
one (1) year.
Fill means the act of raising the level of land by the use of any material for purposes of elevating
low places or for construction thereon.
Fill quality means the composition of fill material used to make the fill.
Fill-only means a lot, parcel, or a portion of a lot or parcel which is to be filled and on which no
building is contemplated to be erected within one (1) year.
Illegal dumping means the depositing of any material on land owned by another, such deposits
being an unauthorized fill or as otherwise defined in the "Tupelo Anti-Litter Ordinance."
Stormwater retention ordinance means the "Tupelo Stormwater Retention and Detention
Ordinance."
Unauthorized fill means a fill undertaken without a fill permit or a building permit.
(c) General provisions.
(1) Jurisdiction. This section shall apply to all areas within the corporate boundaries of the city as
prescribed by the ordinance of the city. Should these corporate boundaries be expanded, this
article shall apply immediately to any annexed area. The city may, in its discretion, adopt a
temporary land use plan for any area so annexed to provide for the establishment of the zones
to which this section shall apply.
(2) Relationship to zoning and other regulations.
a.
The regulations contained in this article are supplemental to any other applicable federal,
state or local regulations which may be construed as pertaining to the development of real
property, including buildings, structures, and improvements thereon. This specifically
includes the zoning ordinance and all building and other construction codes adopted by the
city.
Page 363
b.
Words and phrases contained in this article not specifically defined are to be construed in
the context of such other regulation. In the event of any conflict between these regulations
and other such regulations, the more stringent rule shall apply.
c.
All references to zones, with regard to permitted uses or any other regulations in this
article, refer to the zones established by the zoning ordinance, as amended, and the
zoning map, as amended and on file at city hall. Should any zoning classifications be
added or changed, the regulations of the most similar existing classifications, as
determined by the board of aldermen upon consideration of the recommendations of the
planning committee, shall apply until such time as this article may be amended.
(d) Administration; designation of administrator. The department of planning and community

development is hereby appointed to administer, implement and enforce the provisions of this section.
Any references to the "administrator" shall refer to this department and its employees, individually
and collectively. Specific job duties with respect to this article may be assigned by the director of the
department. Cooperation with the department of public works as to application of the stormwater
retention ordinance shall be effectuated.
(e) Provisions for regulation.
(1) Fill quality specification.
a.
b.
Fill-only.
1.
Dirt.
2.
Concrete. Nothing larger than what will pass through an eighteen-inch opening and no
longer than eighteen (18) inches in any direction.
3.
Asphalt. Nothing larger than what will pass through an eighteen-inch opening and no
longer than eighteen (18) inches in any direction.
4.
Brick, stone and rock. Nothing larger than what will pass through an eighteen-inch
opening and no longer than eighteen (18) inches in any direction.
5.
No rubbish or degradable material.
6.
Cover minimum of eighteen (18) inches permeable select borrow material only.
ConstructionFill.
1.
Dirt.
2.
Concrete. Nothing larger than what will pass through an eight-inch opening and no
longer than eight (8) inches in any direction.
3.
Asphalt. Nothing larger than what will pass through an eight-inch opening and no
longer than eight (8) inches in any direction.
4.
Brick, stone and rock. Nothing larger than what will pass through an eight-inch
opening and no longer than eight (8) inches in any direction.
5.
No rubbish or degradable material.
6.
Cover minimum of eighteen (18) inches of permeable select borrow material only.
(2) Permit procedure.

a.
Fill-only. Where a fill is to be conducted when no building permit application is

contemplated within one (1) year, the department of planning and development shall issue
a permit, not to exceed twenty-five dollars ($25.00) in cost. It shall be the responsibility of
the planning department to design the permit and administer its use. The permit at a
minimum shall require of the permittee the following information:
1.
Elevation and area of fill area prior to fill.
Page 364
b.
c.
d.
2.
Elevation and area of fill area subsequent to fill.
3.
Elevation and area of unfilled area on that lot.
4.
Elevation and location of adjoining lots and parcels.
5.
Percentage composition of fill material.
6.
Method of compaction.
Construction-fill. Where a fill is to be conducted on a site intended for construction within

one (1) year or when a building permit is simultaneously applied for, the department of
planning and community development shall require of the permittee the following
information:
1.
Elevation and area of fill area prior to fill.
2.
Elevation and area of fill area subsequent to fill.
3.
Elevation and area of unfilled area on that lot.
4.
Elevation and location of adjoining lots and parcels.
5.
Percentage composition of fill material.
6.
Method of compaction.
No fill shall be conducted without obtaining a building permit with the requisite information
listed above. No building permit shall be issued which does not:
1.
Meet the minimum fill quality specifications for the category of the fill to be conducted.
2.
Has not met stormwater retention/detention requirements as outlined in section 26191(e)(3).
The department of planning and community development will make a final inspection of the
fill when completed. Failure of the permittee to meet the requirements of this section shall
result in penalties outlined in section 26-191(e)(6).
(3) Interaction with stormwater retention ordinance.

a.
All fill-only permits shall be reviewed under the stormwater retention ordinance by the
department of public works or its designee, and no fill permit shall be issued prior to this
review. Upon review, should compliance with the stormwater retention ordinance be
required, no fill permit shall be issued prior to stormwater retention/detention site plan
being approved.
b.
Construction-fill as a part of the building permit application shall be reviewed under the
stormwater retention ordinance as follows:
1.
If property is in a residential zone and elevation after fill exceeds elevation of any
adjoining lot or parcel, the department of public works, or its designee, shall review
the permit under the stormwater retention ordinance, and no building permit shall be
issued prior to this review. Upon review, compliance with the stormwater retention
ordinance shall be required, and no fill permit shall be issued prior to the stormwater
retention/detention site plan being approved.
2.
If property is in any zone other than residential and if elevation after fill exceeds
elevation of any adjoining lot or parcel, the provisions of the stormwater retention
ordinance and its discretionary review provisions shall apply.
(4) Compliance by city departments.

a.
All city departments desiring to fill any lot or property within the city and not owned by the
city shall fully comply with this section.
Page 365
b.
Any city department wishing to fill property owned by the city is exempt from compliance
with the fill ordinance.
(5) Unauthorized fill or illegal dumping.

a.
Should unauthorized fill or illegal dumping occur on property owned by a city resident and
without that resident's permission, notice must be given by the residence to the police
department and/or the planning department within four (4) days of the unauthorized fill or
illegal dumping.
b.
Where unauthorized fill or illegal dumping occurs on property owned by a nonresident

property owner, the nonresident property owner must give notice to the planning
department and/or the police department within fourteen (14) days.
c.
The planning department and the police department will keep and maintain records of any
notices received by city residents or nonresident property owners concerning authorized fill
or illegal dumping on property.
d.
Clean up costs:
1.
If notice is not given by the land owner, the land owner must bear all the cost of clean
up.
2.
If notice is given by the land owner, then the cost of clean up will be reviewed by the
board of adjustments with the approval of the board of alderman as to any particulars
of clean up cost or conditions.
(6) Penalties.
a.
The penalties for an unpermitted fill shall be a one thousand dollar ($1,000.00) fine for
each day that fill is conducted without a permit.
b.
The penalty for use of improper fill material will be the withholding of final inspection, a fine
of up to one thousand dollars ($1,000.00) and clean up costs, as performed by the
department of public works.
c.
The penalty for an unauthorized fill or illegal dumping on someone else's property shall be
a fine of up to one thousand dollars ($1,000.00) and the cost of clean up within fourteen
(14) days. Each additional day after the fourteenth day will be considered a separate
violation and will be subject to an additional fine of up to one thousand dollars ($1,000.00)
for each such violation.
(7) Appeals process.

a.
Should a fill permit or building permit be rejected or fail to issue because of failure to meet
fill specifications or failure to comply with the stormwater retention ordinance and review,
the aggrieved party may apply to the board of adjustments, and any recommendation
approved by the board of adjustments shall require the approval of the board of aldermen.
b.
Other violations of this section shall undertake city court review.
(Ord. of 4-21-92, 15)

DIVISION 3. - STORMWATER DRAINAGE

The short title of this division shall be the "Tupelo Stormwater Drainage Ordinance."
Page 366
(Ord. of 7-6-04, 1)
(a) The purpose of this division is to establish policies and procedures for regulating activities which may
affect the city's existing stormwater drainage system.
(b) This division is intended to prevent or alleviate drainage problems originating from structures,
encroachments and/or actions which affect the present or future functional capacity of the
stormwater drainage system and which are not part of construction or land development activities
regulated by the Tupelo Development Code.
(Ord. of 7-6-04, 1)
Sec. 26-194. - Relationship to other regulations.
The regulations contained in this division are supplemental to any other applicable federal, state or
local regulations which may be construed as pertaining to stormwater drainage. In the event of any
conflict between this ordinance and other such regulations, the more stringent rule shall apply.
(Ord. of 7-6-04, 1)
This division shall apply to all areas within the corporate boundaries of the city. Should these
boundaries be expanded, this division will apply immediately to all annexed areas.
(Ord. of 7-6-04, 1)
Sec. 26-196. - Designation of administration.
(a) The department of public works is hereby designated as the administrator of this division and shall
have the primary responsibility for its implementation and enforcement. Specific job duties with
respect to this division may be assigned by the director of the department.
(b) The department of planning and community development shall assist the department of public works
in the administration of this division by receiving applications for permits and by providing
engineering and technical expertise and information as needed in order to accomplish the purposes
of this division.
(Ord. of 7-6-04, 1)
Sec. 26-197. - Specific acts requiring permit.
The following acts are not authorized unless a permit has been obtained from the city:
(1) Constructing a driveway to access a public street, alley, or any other public right-of-way;
(2) Substantially impair, impede or obstruct the natural flow of stormwaters or other waters running
in a defined channel, natural or man-made, or in a pipe, conduit or other component of the
stormwater drainage system;
(3) Deposit any materials in any such channel, pipe or drainage system which alters the flow
characteristic of the channel;
Page 367
(4) Change the surface of the land so as to reduce the capacity or alter the flow characteristic of the
channel;
(5) Construct, alter or repair any stormwater drainage structure, drainage way or drainage facility;
(6) Commit any act within any easement acquired or dedicated, solely or in part, for drainage
purposes which will impair the use of the easement for such purposes;
(7) Commit any act which impairs or impedes lawful access to, or maintenance of, any portion of
any publicly owned or operated drainage system;
(8) Cause any land change, including but not limited to, clearing, grading, excavation and filling of
land or other construction activities which would cause inundation, erosion of neighboring or
downstream properties, or any other harmful run-off.
(Ord. of 7-6-04, 1)
Sec. 26-198. - PermitsTypes.
(a) The permits required by this section shall be obtained prior to the commission of the act(s) or the
commencement of any work as described in section 26-197
(b) Written permits required by this division are:
(1) Driveway permits for construction of a driveway to access a public street, alley or right-of-way.
The construction of a driveway over a drainage ditch must be permitted by the city to ensure
that the full capacity of the ditch is preserved by an adjacent culvert;
(2) Encroachment permits for work done on public property, easements or right-of-way;
(3) Grading permits for work which affect a watercourse and/or when the total volume of cut or fill
material is one hundred fifty (150) cubic yards or more;
(4) Drainage way alteration permit for construction, alteration or repair to any stormwater drainage
structure, drainage way or drainage facility.
(Ord. of 7-6-04, 1)
Sec. 26-199. - ApplicationIssuance.
(a) Application for permits may be obtained from the department of planning and community
development. The application shall require such information and details as the director of public
works may deem necessary to establish the exact purpose of the proposed use.
(b) Applications should be accompanied by maps, sketches, diagrams and/or similar exhibits sufficient
to clearly identify the location, dimensions, nature and purpose of the proposed use and its relation
to existing and proposed facilities in the right-of-way or watercourse.
(c) Applications may be approved or denied by the city engineer in consultation with the director of
public works. When the city engineer finds that the application is in accordance with the
requirements of this division, he may cause the department of planning and community development
to issue a written permit attaching such conditions as he and the director of public works deem
necessary for the health, safety and welfare of the public and the protection of the city. If the city
engineer finds the application does not meet the requirements of this division, he shall deny the
permit, giving the reasons in writing for such denial.
(d) If the proposed work is to be done on public property, a public easement or public right-of-way, the
permittee must sign a written release and waiver of liability form prior to commencement of any work.
Page 368
(Ord. of 7-6-04, 1)
Sec. 26-200. - PermitTerm.
A permit may be issued for a term not to exceed one (1) year. The initial term may be extended only
with the written consent of the director of public works.
(Ord. of 7-6-04, 1)
Sec. 26-202. - PermitTransferability.
No permit issued under this division may be transferred or assigned to another person or entity
without the prior written consent of the city.
(Ord. of 7-6-04, 1)
Sec. 26-203. - Permit-Maintenance.
The issuance of any permit under this division does not obligate the city to maintain any
encroachments, structures, driveways or any other improvements made by the permittee.
(Ord. of 7-6-04, 1)
Sec. 26-204. - Relationship to building permit.
A separate driveway, encroachment, or grading permit is not required if a building permit has already
been issued by the department of planning and community development.
(Ord. of 7-6-04, 1)
Sec. 26-205. - Inspection of work.
The director of public works, his designee, and the city engineer may inspect or cause to be
inspected, from time to time, any act or work being done pursuant to a permit, and no permittee shall be
deemed to have complied with this division until a final inspection of the work has been made by the
director of public works and the city engineer and a report made in writing by the city engineer that the
work appears to have been completed in accordance with the permit. Unsatisfactory work shall be
corrected or reconstructed by the permittee, and should the issuing city official determine the work is
unsatisfactory due to lack of diligence or a willful act on the part of the permittee, that official may apply to
the city council for permission to contract with any licensed general contractor for the construction or
completion of the act or work in conformance with the permit approval, or for the removal of the work, or
portion thereof, which is nonconforming to the permit, and the cost thereof may be charged to the
permittee upon the order of the city council.
(Ord. of 7-6-04, 1)
Sec. 26-206. - Driveway culverts.
Page 369
Driveway and private street culverts shall not cause a restriction or obstruction of the flow of any
adjoining street drainage system. The owners of property for which an appurtenant driveway or private
street culvert causes, or contributes to, a restriction in flow of the adjoining street's drainage system shall,
at their expense, maintain, clean or repair the existing culvert to the extent necessary to remove the
restriction. If the existing culvert needs replacing, the owner shall do so at his/her expense and in
compliance with the procedures designated in this division.
(Ord. of 7-6-04, 1)
Sec. 26-207. - Emergency work.
This division shall not prevent any person from performing emergency maintenance or work within,
upon, over, under or through any watercourse, channel, ditch, conduit or natural stormwater drainage way
as may be necessary and proper for the preservation of life or property when an urgent necessity
therefore arises. Any person or entity performing such emergency work shall notify the department of
public works as soon as possible of performance of such work, and he or she shall apply for a written
permit within ten (10) calendar days from beginning the work.
(Ord. of 7-6-04, 1)
Sec. 26-208. - Changes in work.
No changes may be made in the location, dimension, character or duration of the use as granted by
the permit except upon written authorization of the director of public works or his designee. No permits
shall be required for the continuing use or maintenance of encroachments installed by public utilities, or
for changes, additions or extensions therein or thereto where such use, maintenance, changes, additions
or extensions require no excavation of the right-of-way or watercourse.
(Ord. of 7-6-04, 1)
Sec. 26-209. - Protection of adjoining property.
The permittee shall at all times and at his or its own expense preserve and protect from injury any
adjoining property by providing proper foundations, taking erosion control measures, and utilizing other
measures suitable for the purpose. The permittee shall, at its own expense, shore up and protect all
buildings, walls, fences or other property likely to be damaged during the progress of the driveway,
encroachment, or grading work and shall be responsible for all damage to public or private property
resulting from its failure to protect and properly carry out said work. All construction and maintenance
work shall be done in a manner calculated to leave the area clean of debris and in a condition as nearly
as possible to that which existed before such work began.
(Ord. of 7-6-04, 1)
Sec. 26-210. - Conforming and nonconforming encroachments or structures.
Encroachments and connections which are designed and built in such a way as to allow the affected
drainage way to continue to adequately convey stormwater, whether constructed with permits issued
pursuant to this division, or pre-existing, shall be considered as conforming structures for the purposes of
this division. Conforming structures may be maintained by the property owner as long as the capacity of
the drainage way is not further altered. Conforming structures that are to be replaced or substantially
altered by the property owner must meet the permit requirements of this ordinance.
Page 370
Non-conforming structures may not be replaced or substantially altered by the property owner
without meeting the permit requirements of this division.
Privately constructed encroachments or structures on city right-of-way or easements, whether
permitted or not, may be removed, repaired, or replaced by the city at any time if such encroaching
structure has failed, or is in imminent danger of failing, to the extent that city streets or other facilities or
property may be damaged or become unsafe for public use. Such encroachments or structures will not be
replaced or repaired at city expense, but may be replaced or repaired by the property owner in
compliance with the requirements of this ordinance.
(Ord. of 7-6-04, 1)
Sec. 26-211. - Maintenance of public facilities.
The city via its public works department shall maintain only the stormwater drainage facilities which
are in city maintained street rights-of-way; stormwater drainage facilities which are in permanent
stormwater drainage easements conveyed to and accepted for maintenance by the city; and stormwater
drainage facilities which are on city property. All other stormwater drainage facilities shall be the
responsibility of the property owner(s) except as provided in section 26-212 of this division.
(Ord. of 7-6-04, 1)
Sec. 26-212. - Work on private property.
The city will clean, repair or construct stormwater drainage facilities on private property only when
there is imminent public danger as determined by the director of public works, his designee, or the city
engineer or when there is some public benefit as determined by the Tupelo City Council.
The following conditions and standards apply to all such work:
(1) Private property owners on which a stream or ditch lies or which is adjacent to that portion on
which the work is to be performed must sign a form prescribed by the director of public works
requesting the work and giving permission to enter the private property for such purpose. The
city shall determine on what portion of the stream or ditch the work shall be performed to
effectuate the efficient and safe flow of water;
(2) All such private property owners shall be responsible for removing any obstruction, objects or
vegetation that the city deems necessary or convenient to perform the work;
(3) Private property owners shall agree to hold harmless the city and its employees, agents and/or
contractors from any and all liability of any nature for personal injury, property damages, or any
other form of damages arising out of the work;
(4) The city shall be responsible for all engineering and plans for the work, including the scope of
works, scheduling of work, size and type of any material necessary to perform the work;
(5) The size of any pipe installed by the city shall be determined by public works department
standards and regulations; and
(6) This service does not constitute acceptance of responsibility by the city for the existence of
particular storm drain problems or acceptance, dedication, ownership or future maintenance
concerning any stream, ditch or any other private property. This service by the city is to assist
private property owners with storm drainage problems, which if improved or corrected, would
also have a public benefit.
In those instances where the city cleans, repairs or constructs stormwater drainage facilities on
private property because of imminent public danger, the director of public works or city engineer may
authorize the work as needed without approval by the city council. The director will then present the facts
Page 371
concerning the emergency work on private property to the city council for ratification at the next
scheduled council meeting following the emergency work.
Where no imminent danger exists but the director of public works determines that stormwater
drainage work should be performed on private property by the city because of a public benefit, the
director shall present the facts concerning such work to the Tupelo City Council for approval prior to
performing the work.
(Ord. of 7-6-04, 1)
Sec. 26-213. - Notice of non-compliance and/or violation.
(a) The director of public works may serve personally, or by certified mail, a notice to any property owner
and/or permittee who is in violation of the provisions of this division. Such notice shall be in writing
and served or mailed to the address of the property owner as it appears on the last equalized county
assessment rolls or to the address of permittee as it appears on the permit application.
(b) Upon receipt of the notice, the property owner or permittee shall have thirty (30) days to correct the
violation(s). The public works director in his discretion may grant extensions to correct violation.
(c) If the property owner fails to correct the violation(s) within thirty (30) days, the city may correct the
violation and bill the property owner or permittee for the costs to correct. If the costs are not paid by
the property owner or permittee within sixty (60) days from the billing date, a lien may be placed on
such property and the city may initiate court proceedings in a court of competent jurisdiction to
recover the costs.
(Ord. of 7-6-04, 1)
Sec. 26-214. - ViolationEmergency abatement.
If the director of public works finds that a violation of this division has created an emergency
condition seriously endangering the public health or safety, the director of public works may, with the
approval of the mayor, abate the condition without the written notice required by section 26-213. The cost
of such abatement will be charged to the owner of the property on which the violation occurs and/or any
other person responsible for the violation and the city may, at its option, recover such costs by initiating a
civil proceeding in a court of competent jurisdiction.
(Ord. of 7-6-04, 1)
Sec. 26-215. - Penalty for violations.
Violation of the provisions of this division or failure to comply with any of its requirements shall
constitute a misdemeanor. Any person who violates this division or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) or
imprisoned for not more than ninety (90) days, or both, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the city from taking such other lawful actions as is necessary to prevent or
remedy any violation.
(Ord. of 7-6-04, 1)
Sec. 26-216. - Appeal from actions regarding permits.
Page 372
Whenever any applicant for a permit required by this division shall be aggrieved by a decision by the
city engineer to deny an application for a permit or to attach conditions to a permit as provided in section
26-199(c), such applicant may appeal such decision to the city council by filing a notice of appeal with the
city engineer within ten (10) days of the issuance of the city engineer's decision regarding such
application.
(Ord. of 7-6-04, 1)
Secs. 26-21726-230. - Reserved.
ARTICLE VI. - STREET LIGHTING
FOOTNOTE(S):
--- (5) --Editor's noteOrd. of 1-2-01, 14, set out provisions to be included as 26-20026-203.
Inasmuch as these sections already exist, these provisions have been redesignated as 26-23126235 at the editor's discretion.
State Law reference Municipal authority to provide for lighting of streets, MCA 1972, 21-37-11.
Sec. 26-231. - Street lighting.

All regular street lighting, excluding decorative street lighting, shall be installed by the City of Tupelo
Water and Light Department in accordance with the department's standard specification.
(Ord. of 1-2-01, 1)
Sec. 26-232. - Decorative street lighting on private property.
Decorative street lighting, together with the related apparatus, conduit and wire, shall be installed by
a developer of a subdivision only after approval by the city water and light department. Conduit and wire
shall be installed by a developer, or a homeowner's association or a resident; the city water and light
department shall install the pole and the fixture. Decorative poles and fixtures which are damaged or
destroyed shall be replaced by the city water and light department at the expense of the developer,
homeowner's association or resident as applicable. Developers shall include the replacement of
decorative lighting as a responsibility of the developer, homeowners' association or resident within the
restrictive covenants applicable to that subdivision.
Once the decorative lighting is installed, the city water and light department shall furnish the
electricity for a monthly fee to be equivalent to the monthly rental fee as established for rental lights. (See
Section 26-235.)
(Ord. of 1-2-01, 2)
Sec. 26-233. - Decorative street lighting on public right-of-way.
Decorative street lighting to be located on the public right-of-way shall be installed by the developer
of a subdivision only after approval by the city water and light department. The developer or homeowners'
Page 373
association or resident provides the decorative fixture and the conduit and wire. The city water and light
department furnishes all electricity and maintenance of such lighting fixtures.
In the event a decorative lighting fixture on the public right-of-way is damaged or destroyed, the city
water and light department shall:
(1) Replace the lighting fixture with a standard pole and fixture. The term "standard" fixture means
a thirty-five (35) foot fiber glass pole with a one hundred (100) watt high-pressure sodium light
bulb; or
(2) Replace with a similar decorative fixture purchased by the developer, homeowners' association
or resident.
This only applies to decorative lighting fixtures located on public right-of-way formally dedicated to
the city by the developer, homeowners' association or resident.
(Ord. of 1-2-01, 2)
Sec. 26-234. - Easements.
For street lights not located entirely within a public right-of-way, the developer or resident shall
dedicate easements to the city. Such easements shall be permanent in nature for the purpose of repairing
and maintaining such street lights.
(Ord. of 1-2-01, 3)
Sec. 26-235. - Security lights.
Those city residents who desire a security light upon their premises must contract with the city water
and light department. Once an agreement is executed, the city water and light department will install,
maintain and furnish electricity for a monthly rental fee. Such fees shall be pursuant to the current security
light fee schedule established by the department. Residents with a security light shall be billed monthly by
the department pursuant to the terms of the contract. Permanent easements must be provided by the
resident to the city for the purpose of installing, repairing and maintaining the security light.
(Ord. of 1-2-01, 4)
Secs. 26-23626-250. - Reserved.
ARTICLE VII. - CROSS-CONNECTION CONTROL PROGRAM
FOOTNOTE(S):
--- (6) --Editor's noteOrd. of 1-3-02, 17, did not specifically amend this Code. Hence, inclusion of said
Sec. 26-251. - Cross-connection controlGeneral policy.

(a) Purpose. The purpose of this article is:
Page 374
(1) To protect the public water supply of the City of Tupelo from the possibility of contamination or
pollution by isolating within the customer's internal distribution system such contaminants or
pollutants that could backflow or back siphon into the public water system;
(2) To promote the elimination or control of existing cross-connections, actual or potential, between
the customer's in-plant potable water system and nonpotable water systems; and
(3) To provide for the maintenance of a continuing program of cross-connection control which will
effectively prevent the contamination or pollution of all potable water systems.
(b) Responsibility. The Water and Sewer Superintendent of the City of Tupelo Water and Light
Department (superintendent) shall be responsible for the protection of the public potable water
distribution system from contamination of pollution due to the backflow of contaminants or pollutants
through the water service connection. If, in the judgment of said superintendent an approved
backflow-prevention assembly is required (at the customer's water service connection or, within the
customer's private water system) for the safety of the water system, the superintendent or his/her
designated agent shall give notice in writing to said customer to install such an approved backflow
prevention equipment at specific location(s) on his/her premises. Within the timeframes established
in section 26-255(c) of this article, the customer shall install such approved equipment at the
customer's expense; and, failure, refusal, or inability on the part of the customer to install, have
tested, and maintain said equipment shall constitute grounds for discontinuing water service to the
premises until such requirements have been satisfactorily met.
(Ord. of 11-16-99, 11.2; Ord. of 1-3-02, 11.2)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Authoritymeans the Water and Sewer Superintendent of the City of Tupelo Water and Light
Department is vested with the authority and responsibility for the implementation of an effective crossconnection control program and for the enforcement for the provisions of this article.
Approved means accepted by the authority responsible as meeting an applicable specification stated
or cited in this article or as suitable for the proposed use.
Auxiliary water supply means any water supply on or available to the premises other than the
purveyor's approved public water supply. These auxiliary waters may include water from another
purveyor's public potable water supply or any natural sources, such as a well, spring, river, stream,
harbor, and so forth; used waters; or industrial fluids. These waters may be contaminated or polluted, or
they may be objectionable and constitute an unacceptable water source over which the water purveyor
does not have sanitary control.
Backflow means the reversal of normal flow direction where water flows from the intended point of
delivery towards the supply.
Back pressure backflow means backflow caused by a lower pressure in the potable supply than at
the point of delivery. Back siphonage backflow means backflow caused by a negative pressure in the
potable supply line. Backflow preventor means a device or means designed to prevent backflow or backsiphonage, most commonly categorized as air gap, double check valve assembly, and reduced pressure
principle device. Residential dual check, atmospheric vacuum breaker, hose bib vacuum breaker, and
pressure vacuum breaker are also backflow preventors, but are not approved for use under this article.
(1) Air gap means a physical separation sufficient to prevent backflow between the free-flowing
discharge end of the potable water system and any other system. Physically defined as a
distance equal to twice the diameter of the supply side pipe diameter but never less than one
(1) inch.
Page 375
(2) Double check valve assembly means an assembly of two (2) independently operating spring
loaded check valves with tightly closing shut off valves on each side of the check valves, plus
properly located test cocks for the testing of each check valve.
(3) Reduced pressure principle backflow preventor means an assembly consisting of two (2)
independently operating approved check valves with an automatically operating differential relief
valve located between the two (2) check valves, tightly closing shut-off valves on each side of
the check valves plus properly located test cocks for the testing of the check valves and the
relief valve.
Containment means a method of backflow prevention which requires a backflow preventor at the
water service entrance.
Contaminant means a substance that will impair the quality of the water to a degree that it creates a
serious health hazard to the public leading to poisoning or the spread of disease.
Cross-connection means any arrangement of piping where a potable water line is connected to nonpotable water whether a pipe-to-pipe connection where potable and non-potable water lines are directly
connected, or a pipe-to-water connection where the potable water outlet is submerged in non-potable
water. If the potable and non-potable source are separated by gate valves, check valves or devices other
than the appropriate backflow preventor as outlined by this ordinance, a cross-connection exists. By-pass
arrangements, jumper connections, swivel or change over assemblies, or other temporary or permanent
assemblies through which, or because of which backflow may occur are considered to be crossconnected.
Department means City of Tupelo Water and Light Department.
Division means the Mississippi State Department of Health, Division of Water Supply.
Fixture isolation means a method of backflow prevention in which a backflow preventor is located to
correct a cross-connection at an in-plant location rather than at a water service entrance.
Hazard, degree of means the term is derived from an evaluation of the potential risk to public health
and the adverse effect of the hazard upon the potable water system.
(1) HazardHealth (high hazard) means a cross-connection or potential cross-connection involving
any substance that could, if introduced in the potable water supply, cause death, illness, spread
disease, or have a high probability of causing such effects.
(2) HazardNon-health means a cross-connection or potential cross-connection involving any
substance that generally would not be a health hazard but would constitute a nuisance or be
aesthetically objectionable, if introduced into the potable water supply.
Owner means any person who has legal title to, or license to operate or habitate in, a property upon
which a cross-connection inspection is to be made or upon which a cross-connection is present.
Person means any individual, partnership, company, public or private corporation, political
subdivision or agency of the state department, agency or instrumentality or the United States or any other
legal entity.
Permit means a document issued by the department which allows the use of backflow preventors.
Pollutant means a foreign substance which, if permitted to get into the public water system, will
degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of water to a
degree which does not create an actual hazard to the public health but which does adversely and
unreasonably effect such water for domestic use.
Professionally installed means installed in a workmanlike manner with no apparent errors.
WaterNonpotable means water that is not safe for human consumption or that is of questionable
quality.
WaterPotable means water that is safe for human consumption as described by the Mississippi
State Department of Health.
Page 376
Water service entrance means that point in the owner's water system beyond the sanitary control of
the department; generally considered to be the outlet end of the water meter and always before any
unprotected branch.
(Ord. of 11-16-99, 22.21; Ord. of 1-3-02, 22.22)

(a) The department will operate a cross-connection control program, to include the keeping of necessary
records, which fulfills the requirements of the division's cross-connection control program.
(b) The owner shall allow his or her property to be inspected for possible cross-connections and shall
follow the provisions of the department's program if a cross-connection is permitted.
(c) If the department requires that the public supply be protected by contaminant, the owner shall be
responsible for water quality beyond the outlet end of the containment device and should use fixture
isolation protection for that purpose.
The owner may use public health officials, or personnel from the department, or their delegated
representatives, to assist the owner in the survey of owner's facilities and to assist him or her in the
election of proper fixture isolation devices and the proper installation of these devices.
(Ord. of 11-16-99, 33.3; Ord. of 1-3-02, 33.3)

Sec. 26-254. - Backflow prevention assembly requirement.
(a) Elimination and protection of cross-connection. Cross-connections occurring within department's
system shall be eliminated or protected with the appropriate backflow preventor. Cross-connections
are eliminated by establishing an air gap between the potable and non-potable sources. Crossconnections are protected by installing the appropriate backflow preventor. It shall be the
responsibility of the owner of the cross-connection to eliminate the cross-connection or protect the
cross-connection with the appropriate backflow preventors.
(b) Connections to sewer. Direct connections, permanent or temporary, between department's water
system and a sanitary or storm sewer is prohibited.
(c) Home wells. Connection to any source of water, other than the department's system, including home
wells, is prohibited. (Excluding fire protection when protected by a reduced pressure principle
assembly).
(d) Approved backflow prevention assemblies. Only backflow prevention assemblies approved by the
Mississippi State Department of Health and the City of Tupelo shall be installed.
(e) Installation requirements. Reduced pressure principle assemblies and double check valve
assemblies shall be installed in a manner and location that provides adequate access for testing and
repair of the assembly. Reduced pressure principle assemblies and double check valve assemblies
shall not be subject to possible flooding. Reduced pressure principle assemblies and double check
valve assemblies shall not be installed in a pit or enclosure below ground level and shall be a
minimum of twelve (12) inches above ground. For any backflow preventor on a line which is properly
two (2) inches or less in diameter, PVC piping may be used to extend the line to the backflow
preventor. For any backflow preventor on a line which is properly greater than two (2) inches in
diameter, only rigid piping (such as ductile iron or cast iron) may be used to extend the line to the
backflow preventor.
(f)
Potential closing plumbing system and thermal expansion. The installation of a backflow prevention
device will result in a closed plumbing system within the residence or business. As such, it is the
owner's responsibility to provide for thermal expansion within the closed loop system (i.e., the
installation of thermal expansion devices and/or pressure relief valves).
Page 377
(g) Strainers. All new retrofit installations of backflow prevention devices shall include the installation of
strainers located immediately upstream of the backflow device to preclude the fouling of backflow
devices due to both foreseen and unforeseen circumstances occurring to the water supply system
such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains.
(h) Uninterruptible services. Services that require uninterrupted service will have to install two (2)
backflow prevention devices in parallel to insure uninterrupted service during testing and repair of a
device.
(Ord. of 11-16-99, 44.8; Ord. of 1-3-02, 44.8)

Sec. 26-255. - Responsibility of water system.
(a) Surveys. An authorized agent of the department, using written guidelines published by the
Mississippi State Department of Health, shall conduct surveys and on-site visits as necessary to
locate existing cross-connections. Single-family dwellings and multi-family dwelling[s] designed to
house no more than eight (8) families shall not be included in this survey unless there is reason to
believe a cross-connection exists. A survey of the water system shall be completed by August 1,
2000. Upon completion of this survey, the responsible official of the Department shall certify to the
Mississippi State Department of Health, on forms provided by the division, that the required survey
has been property performed and completed in accordance with the written guidelines published by
the department.
(b) Right to entry. The department, acting through its agent, shall have the right to enter any
nonresidential building, during reasonable hours and with the consent of the owner or owner's
representative, to inspect the plumbing system installed in any such building or premises provided
prior notification of the inspection is given. The agent shall first obtain consent of the owner to enter
any single-family dwelling.
(c) Classification of hazard. Each cross-connection found will be classified as high hazard or low hazard
by the authorized agent of the department. If a connection is found to be a high hazard crossconnection, the owner of the connection shall be notified in writing within ten (10) days, that the
cross-connection must be eliminated or protected by the appropriate backflow preventor within ninety
(90) days of notification. If the connection is found to be low hazard cross-connection, the owner of
the connection shall be notified in writing within ten (10) days, that the connection shall be eliminated
or protected by the appropriate backflow preventor within one (1) year of notification.
The following cross-connections shall be considered as low hazard cross connection posing a very
low risk and shall be exempt from the provisions of this article:
(1) Any lawn sprinkler system or lawn irrigation system that is connected to a public water system
and was professionally installed, regardless of whether the system is underground or whether
the system has pop-up sprinkler heads;
(2) Any swimming pool that is connected to a public water system and was professionally installed,
or any swimming pool that is connected to a public water system and has a fill line with an antisiphon air gap;
(3) Any water fountain or cooler that provides drinking water for human consumption, that is
connected to a public water system and was professionally installed;
(4) Any fire sprinkler system that contains only water or a dry pipe and no chemicals, that is
connected to a public water system and was professionally installed; and
(5) Any commercial establishment that is connected to a public water system, that contains no
cross connections directly with a dangerous or hazardous substance of material.
(d) Lawn systems with chemicals/high hazard. Any lawn sprinkler system or lawn irrigation system that
is connected to a public water system and either injects or stores lawn chemicals or is connected to
Page 378
a wastewater supply shall be considered as high hazard cross-connection and not exempt from the
requirements of this article.
(e) Selecting the appropriate backflow preventor. It shall be the responsibility of the department, acting
through its agent, to determine the type of backflow preventor required at each cross-connection and
the location the preventor will be installed. The type backflow preventor required and location to be
installed will be selected using guidelines published by the Mississippi State Department of Health
and the City of Tupelo.
(f)
Existing backflow preventor. Any backflow preventor device or assembly installed on the
department's system to protect against the possibility of backflow from a customer's water service
prior to the adoption of this article must be approved by the department and shall be governed by
this policy.
(g) No additional backflow preventor required. Additional backflow preventor devices shall not be
required for carbonated beverage dispensers if (a) the water supply connection to the carbonated
beverage dispenser is protected against backflow by a backflow preventor device conforming to
ASSE1022 or by an air gap, and (b) the backflow preventor device and the piping downstream from
the device are not affected by carbon dioxide gas.
(h) Review of meter applications. All meter applicants (domestic, commercial, and industrial) must fill out
water service application to determine if a cross-connection will be created and, if so, the applicant
will attend a scheduled meeting with department to discuss what type of backflow device will be
required.
(i)
Inspections. The department, acting through its agent, will periodically inspect any connection to the
water system as deemed necessary to insure cross-connections have not been created.
(j)
Record keeping. The department shall maintain records of the type, size and location of each
backflow preventor installed in the system, when each backflow preventor is due to be tested, and
the results of each test. Records shall be maintained for five (5) years from date of test and
inspection.
(Ord. of 11-16-99, 55.8; Ord. of 1-3-02, 55.10)

Sec. 26-256. - Testing.
(a) Test required. Each reduced pressure principle backflow preventor assembly and double check
valve assembly shall be tested immediately after installation, after repairs of any kind, and annually.
Any backflow preventor found to be nonfunctional shall be replaced and re-tested within fourteen
(14) days of initial test.
(b) Inspections after installation of devices. The department shall inspect all backflow devices after
installation to insure proper installation and device. Cost and procedure of inspection will be
determined by the department.
(c) Annual inspection. Each high hazard backflow preventor device shall be inspected and tested at
least annually.
(d) Certified testers. Only testers certified by the Mississippi State Department of Health shall test
backflow preventors located in department's water system.
(e) Notification. The department will notify the owner of each backflow preventor sixty (60) days prior to
due date that the backflow preventor is due to be tested.
(Ord. of 11-16-99, 66.4; Ord. of 1-3-02, 66.5)

Page 379
(a) Refusal of inspection. If the owner of a connection refuses to allow the agent of the department to
inspect for a cross-connection, a reduced pressure principle backflow prevention assembly will be
required at that location.
(b) Maintaining a cross-connection. If the owner of a connection, after having been informed that a
cross-connection exists, refuses to comply with regulations governing service to eliminate the
problem or protect the water supply through the use of the appropriate backflow preventor, the owner
will be notified that water service will be terminated until such time as the owner complies with
Mississippi State Department of Health regulations and this article.
(Ord. of 11-16-99, 77.2; Ord. of 1-3-02, 77.2)

Chapter 27 - VEHICLES FOR HIRE
FOOTNOTE(S):
--- (1) --Cross reference Licenses and miscellaneous business regulations, Ch. 15; motor vehicles and traffic,
Ch. 17; streets, sidewalks and public places, Ch. 24
State Law reference Municipal authority to regulate vehicles for hire, MCA 1972, 21-27-137.

ARTICLE II. - TAXICABS
Sec. 27-21. - Driver to obtain and wear a badge.

At the time the certificate and photograph is delivered to a successful applicant for a driver's
authorization under division 2 of this article, the clerk shall also deliver to him a metallic badge which shall
have a number and "City in Tupelo" thereon. Such badge shall be worn by such driver so that the same
will be openly displayed while he is engaged in or about such occupation. It shall be unlawful for the
driver of any motor vehicle for hire in the city to operate such a vehicle therein without displaying such
metallic badge. The number on such badge shall apply only to that particular driver. It shall be unlawful
for any driver to transfer such badge to another person or for any other person to use the badge of
another while driving or operating a motor vehicle for hire on the streets of the city. A fee of one dollar
($1.00) is hereby required to be paid by each person obtaining such certificate and metallic badge from
the city.
(Ord. of 5-22-50, 3)
Sec. 27-22. - Vehicle to be registered and numbered.
Page 380
The owner of any motor vehicle operated for hire in the city shall, before causing the same to be
operated, register the vehicle with the city clerk and on or before the first day of February of each year
shall so register such vehicle in the name of the owner, giving the make, model, motor number and
license tag number and the clerk shall keep such registration in a book for that purpose and give a
number to each such vehicle so registered, which number the owner shall cause to be painted or
stenciled on both sides and the rear of such vehicle. A fee of one dollar ($1.00) is hereby required to be
paid for the registering and numbering of such motor vehicle registered under this section.
(Ord. of 5-22-50, 4)
Sec. 27-23. - Inspection stickers.
It shall be unlawful for any person in the taxicab business in the city to operate a vehicle without a
current State of Mississippi inspection sticker.
(Ord. of 8-2-55, 3)
DIVISION 2. - PERMIT AND DRIVER'S AUTHORIZATION

It shall be unlawful for any person to operate, or cause to be operated in the city a motor vehicle for
transportation of passengers for hire unless and until he shall have been first duly licensed to do so and
shall have first obtained a permit therefor under the provisions of this division.
(Ord. of 5-22-50, 1)
(a) Application shall be made in writing to the mayor by each person who desires to engage in the
taxicab business in the city. Such application shall set forth the facts upon which the application is
based, including a concise statement of the experience of the applicant in such business, a financial
statement of the applicant and the number of vehicles the applicant desires to operate. If such
applicant is an individual and desires to personally drive such a vehicle, he shall also file an
application for a driver's authorization under the provisions of this division.
(b) When a person shall apply to the mayor and board of aldermen for a permit to operate or engage in
the taxicab business in the city, the application shall set forth the fact that the person has made
application and obtained a permit from the Federal Communications Commission to operate a twoway radio system in the city. No permit shall be granted by the mayor and board of aldermen to any
person to operate a taxicab for hire in the city which is not equipped with a two-way radio system for
each of their vehicles.
(Ord. of 5-22-50, 2(a); Ord. of 8-2-55, 1, 2)

Sec. 27-38. - SameNotice of application to existing owner; hearing.
Page 381
Public notice shall be given by the mayor and board of aldermen and written notice given existing
taxicab operators of the filing of an application for a permit under this division. After such notices have
been given, a public hearing shall be held by the mayor and board of aldermen to ascertain if the public
convenience and necessity requires additional vehicles for hire.
(Ord. of 8-2-55, 1)
Sec. 27-39. - SameApproval or denial.
Upon due inquiry with respect to an application for authorization to engage in a taxicab business, if
the mayor and board of aldermen are satisfied as to the qualifications of the applicant and that the public
convenience and necessity require authorization for the operation of additional taxicabs they shall
thereupon enter an order for a permit to such applicant for the operation of the number of such vehicles
as in their opinion may be required on the basis of public convenience and necessity. If, after such
inquiry, the mayor and board of aldermen are not satisfied either as to the qualifications of the applicant
or that the public convenience and necessity would be served by the approval of such application, they
shall thereupon enter an order disapproving such application.
(Ord. of 5-22-50, 2(b))

Sec. 27-40. - SameBond, insurance prerequisite to issuance.
As a condition precedent to obtaining a permit required by this division, every person operating as
owner or driver one (1) or more vehicles carrying persons for hire in the city shall enter into a bond in the
sum of five hundred dollars ($500.00) conditioned upon the faithful observance of the laws as well as the
rules, regulations and ordinances of the city governing the operation of taxicabs in the city. The bond is to
be approved and filed with the city clerk. In addition to such bond, all persons operating a taxicab
business in or over the streets of the city shall file with the city clerk an indemnity bond or a liability
insurance policy executed by an insurance or surety company authorized to do business in the state in
the minimum amount of ten thousand dollars ($10,000.00) for injury or damage to one (1) person and
twenty thousand dollars ($20,000.00) for injury or damage resulting from any one (1) accident and ten
thousand dollars ($10,000.00) for injury or damage to property, conditioned that the person filing same
will satisfy any or all judgments and decrees rendered against them in favor of any and all persons for
personal injuries or property damage caused by the operation of such vehicle, and to indemnify and save
harmless the city, its officers or agents from any and all judgments, causes of action, costs and expenses
of defending any suit or cause of action that might be brought, arising from or growing out of operation of
taxicabs by the principal or his agents, lessees, successors, assigns, or operating under the trade name,
or operating out of the terminal of the principal.
(Ord. of 5-22-50, 5)
Sec. 27-41. - Driver's authorization.
(a) Each person who desires authorization to drive a taxicab in the city shall make application in writing
to the mayor setting forth the facts upon which the application is based. Each such application shall
be accompanied by:
(1) A statement signed by at least one (1) reputable citizen of the city that the applicant is over the
age of eighteen (18) years, an experienced driver of good moral character and physically and
mentally capacitated to drive and operate such a motor vehicle.
(2) One (1) commercially made glossy print photograph showing a full-face view of the applicant
three and one-half (3) inches by five (5) inches in size.
Page 382
(b) Each application for a driver's authorization shall be referred by the mayor to the chief of police for
investigation of the applicant by the police department and shall be returned by the chief of police to
the mayor not more than ten (10) days after such reference with a written recommendation that the
application be approved or disapproved. Such recommendation shall be signed by the chief of
police.
(c) Thereafter, upon due inquiry, if the mayor and board of aldermen are satisfied as to the qualifications
of the applicant and that the public convenience and necessity would be served thereby, they shall
thereupon enter an order approving such application and promptly thereafter the clerk shall deliver to
such applicant a certificate which shall contain the aforesaid photograph of the operator. Such
certificate and photograph shall have impressed on the face thereof the seal of the city affixed by the
city clerk in such a manner that a portion of both the photograph and the certificate (card) shall be
covered by the seal. Thereafter, at all times when such driver is operating such a vehicle, such
certificate with such photograph shall be displayed in a prominent place on the inside of the vehicle
in such a way it shall be immediately visible to passengers therein.
(d) If, upon due inquiry, the mayor and board of aldermen are not satisfied as to the qualifications of the
applicant or are not satisfied that the public convenience and necessity would be served by the
approval of such application, they shall thereupon enter an order disapproving such application.
(Ord. of 5-22-50, 2(c), (d))

Sec. 27-42. - Suspension, revocation.
(a) Permit. The permit of any owner of any taxicab business giving him or it the right to operate such
business in the city may be revoked or suspended by the mayor and board of aldermen at any time
for failure to comply with the provisions of the ordinances, rules and regulations of the city governing
the operation of taxicabs therein.
(b) Certificate. The permit and certificate of any taxicab driver granted by the city will be automatically
revoked when the holder thereof is found guilty of any of the following offenses and when so revoked
shall not be reinstated:
(1) Driving such a motor vehicle while under the influence of intoxicating liquor;
(2) Disturbing the peace while engaged in operating such a motor vehicle;
(3) Reckless driving or exceeding the speed regulations prescribed by law or the ordinances of the
city;
(4) Transporting intoxicating liquor;
(5) Carrying concealed weapons in violation of law;
(6) Knowingly transporting persons for the purpose of gaming or prostitution or for the purpose of
obtaining intoxicating liquor;
(7) Knowingly driving a taxicab with defective brakes.
(c) Revocation. In addition, the mayor and board of aldermen may revoke the permit and certificate of
any such driver for his failure to observe all of the provisions of the ordinances of the city governing
the operation of taxicabs or providing traffic-control or parking regulations and when so revoked such
driver shall not be reinstated for a period of one (1) year thereafter.
(Ord. of 5-22-50, 7)
Sec. 27-43. - Not transferable.
Page 383
None of the authorizations or privileges conferred on any person under the provisions of this division
may be in any way sold, assigned or transferred and any and all such privileges and authorizations are
hereby declared to be personal to the person whose original application has been approved by the mayor
and board of aldermen under the provisions of this division. It shall be unlawful for any person to attempt
to sell, transfer or assign in any way the privileges or authorization granted under the provisions of this
division.
(Ord. of 5-22-50, 9)
Chapter 28 - COMPREHENSIVE ORDINANCE ENFORCEMENT CODE
FOOTNOTE(S):
--- (1) --Cross reference Building and building regulations, Ch. 7 rental housing code, Ch. 7, Art. XII; planning
and community development department, Ch. 7, Art. XII, Div. 3; fire prevention and protection, Ch. 10;
health and sanitation, Ch. 13; mobile homes and mobile home parks, Ch. 16; municipal court, Ch. 18;
offenses and miscellaneous provisions, Ch. 19; police, Ch. 22; streets, sidewalks and public places, Ch.
24
ARTICLE I. - ENFORCEMENT
Sec. 28-1. - Title.

This article shall be known as the Comprehensive Ordinance Enforcement Code, may be cited as
such, and will be referred to hereafter as the "Enforcement Code".
(Ord. of 10-17-06(2), 1)
Sec. 28-2. - Scope.
This enforcement code shall apply to the following sections, chapters and articles of the Tupelo
Ordinance Code: Rental Housing Code; Health and Sanitation; Mobile Home and Mobile Home Parks;
and Buildings and Building Regulations hereafter referred to as "the codes and chapters." This
enforcement code shall also apply to public and private nuisances: Grass and weeds, cisterns, rubbish,
dilapidated fences, outside toilets, dilapidated buildings, other debris, cesspools and standing water. The
intent of this enforcement code is to establish base standards for enforcing the City of Tupelo Code of
Ordinances.
(Ord. of 10-17-06(2), 1)
Sec. 28-3. - Commencement of action.
(a) The planning and community development department is assigned the primary responsibility of
enforcing this chapter and is granted the authority expressly and impliedly needed and necessary for
enforcement.
(b) Nothing in this section shall preclude employees of the planning and community development
department from seeking voluntary compliance with the provisions of this chapter or from enforcing
Page 384
this chapter, proactively or reactively, through warnings, notices to comply, or other such devices
designed to achieve compliance in the most efficient and effective manner under the circumstances.
(c) The planning and community development department is authorized to recommend reasonable and
necessary rules and regulations to carry out the provisions of this article which shall be approved by
resolution of the city council.
(Ord. of 10-17-06(2), 1)
Sec. 28-4. - Remedies and penalties.
(a) Cumulative remedies. The remedies herein are cumulative when there are separate violations and
the city may proceed under one (1) or more of such remedies when there is more than one (1)
violation. Remedies and penalties will be pursued by the city in conformance with the rules and
regulations adopted pursuant to this chapter.
(b) Civil sanction. Any person who causes, permits, facilitates or aids or abets any violation of any
provision of the codes and chapters or who fails to perform any act or duty required by the codes and
chapters is subject to a civil sanction of not less than one hundred dollars ($100.00) nor more than
one thousand dollars ($1,000.00) but total fines shall not exceed one thousand dollars ($1,000.00)
per day for each property. In addition to the amount of the fine imposed, there is imposed a default
penalty in the amount of fifty dollars ($50.00) should the defendant fail to appear and answer for a
violation of the codes and chapters within the time period stated on the citation or fails to appear at
the time and place set by the hearing officer for a matter arising under this chapter.
(c) Criminal misdemeanor. Notwithstanding the provisions of subsection (b) above, any person who
causes, permits, facilitates or aids or abets any violation of any provision of the codes and chapters
or who fails to perform any act or duty required by the codes and chapters is guilty of a Class 1
misdemeanor. The city prosecutor is authorized to file a criminal misdemeanor complaint in the
Tupelo Municipal Court for violation of this chapter. A rental agent or property manager may avoid
criminal liability by forwarding a copy of the notice to comply to the owner if it is sent by certified
mail/return receipt requested within two (2) days of receiving the notice to comply.
(d) Separate offenses. Each day any violation of any provision of the codes and chapters or the failure
to perform any act or duty required by the codes and chapters, shall constitute a separate violation or
offense.
(e) Property owner. For the purpose of enforcement of the codes and chapters, the owner of record, as
recorded by the Lee County Tax Assessor's office, of the property upon which the violation exists,
shall be presumed to be a person having lawful control over the property. If more than one (1)
person shall be recorded as the owner of the property, said persons shall be jointly and severally
presumed to be persons having lawful control over the property. This presumption shall not prevent
enforcement of the provisions of the codes and chapters against any person specified in subsection
(b) or (c) of this section.
(f)
Abatement. In addition to any other sanction or penalty authorized under subsection (b) or (c) of this
section, the designated hearing officer may issue an order directing the owner, occupant, rental
agent, property manager or responsible person to abate the violation or authorize the city to abate
the condition giving rise to the violation. The costs of such abatement shall be the responsibility of
the owner of the property where the violation occurred and may be collected as a lien against the
property found to be in violation. Where the city abates the violation, the governing authority at its
next regular meeting, may, by resolution, adjudicate the actual cost of abating the violation and may
impose a penalty of one thousand five hundred dollars ($1,500.00) or fifty (50) percent of such actual
cost, whichever is more. The cost and any penalty may be come a civil debt against the property
owner, or, at the option of the governing authority, an assessment against the property.
(Ord. of 10-17-06(2), 1)
Page 385
Sec. 28-5. - Notice to comply.

(a) Notification. If the city finds a violation of this chapter, in the first instance, in any given twelve-month
period, the city shall notify the responsible person through the issuance of a notice to comply.
(b) Contents of notification. A notice to comply issued pursuant to this enforcement code shall include:
(1) Identification of the property in violation;
(2) Statement of violation in sufficient detail to allow the owner, occupant, rental agent, property
manager or responsible person to identify and correct the problem;
(3) Compliance date which shall be not less than ten (10) days for minor defects and not more than
two (2) days for running water, gas or electrical service, sewer leaks and other sewer problems,
and reasonable amounts of hot water or heat, air conditioning or cooling, or essential services;
(4) Name of the inspector;
(5) Criminal and civil penalties for failing to correct the violation; and
(6) City authority to abate the violation should the owner neglect, fail or refuse to correct the
violation within fourteen (14) days, to conduct a hearing before the planning and development
department director and to assess a lien against the property for the cost of abatement.
(c) Service of notice. The notice to comply may be served and shall be deemed proper and complete by
any of the following methods in accordance with MCA 21-19-11:
(1) Delivered in person by a police officer to the owner, occupant, manager or agent of the
premises where the violation has occurred, or to the person responsible for the violation;
(2) By first class United States mail, postage prepaid, addressed to the owner, occupant, agent,
manager or responsible person at the last known address. Service by mail is deemed complete
upon deposit in the U.S. mail.
(3) By publication in newspaper of general circulation in the city if the property owner or his address
are unknown.
(d) Additional notice required; hearing not required. Nothing herein shall preclude the city from giving an
additional hearing at its discretion but it is not obligated to give the same person a hearing as to a
second (or additional) violation which has been the subject of a notice to comply within the previous
twelve-month period. If the city does elect to give any additional hearing in any instance, it shall not
thereby become obligated to give such additional hearing thereafter in the same or other situations.
Nothing in this section shall require a second hearing within twelve (12) months prior to
commencement of civil or criminal violation proceedings. However, if the city does not give an
additional hearing, ten (10) days written notice must be given by U.S. mail to the last known address
of the property owner before the city abates a violation on the property.
(d)[e] Appeals of notices to comply. Persons who have been issued a notice to comply for violations of
the codes and chapters shall have a right to appeal the notice in the manner as other appeals from
municipal boards or courts are taken.
(Ord. of 10-17-06(2), 1)
Unless otherwise specified, the Municipal Court of the City of Tupelo shall have jurisdiction of all
criminal proceedings to enforce this chapter. The Tupelo Planning and Development Department shall
have jurisdiction of all civil proceedings to enforce this chapter.
(Ord. of 10-17-06(2), 1)
Page 386
Sec. 28-7. - Commencement of civil action.

(a) After issuing a notice to comply and if the violation(s) is not corrected within the designated time, the
planning and community development manager or designee is authorized to commence a civil action
under this chapter by issuing a citation to the occupant of the property where the violation has
occurred, the owner, agent or manager of record, or any person responsible for the violation.
(b) The citation form will be substantially in the same form as the Mississippi traffic citation currently in
use and shall direct the defendant to appear before the planning and development department
director, or his designee, or pay the fine imposed pursuant to the codes and chapters within fourteen
(14) days after issuance of the citation. The citation shall contain the date and location of the
violation, reference to the city code provision violated, and notice that within fourteen (14) days from
the date on which the citation was issued, the fine for the violation must be paid to and received by
the planning and development department director or a request for a hearing be made to and
received by the planning and development department director.
(c) Default. The citation shall state that if the defendant fails to appear within the time specified, and
either pay the fine for the violation or request a hearing, judgment by default will be entered in the
amount of the fine designated on the citation for the violation charged plus a penalty amount as
established by this chapter for the defendant's failure to appear.
(Ord. of 10-17-06(2), 1)
Sec. 28-8. - Appearance or payment by mail.
(a) The defendant shall, within fourteen (14) days of the issuance of the citation, appear in person or
through his attorney before the planning and development department director, and shall either admit
or deny the allegations contained in the citation, or defendant may proceed as provided in
subsection (b) below. If the defendant admits the allegations, the court shall immediately enter
judgment against the defendant in the amount of the fine for the violation charged as set by this
chapter. If the defendant denies the allegations contained in the citation, the court shall immediately
conduct a hearing on the matter.
(b) The defendant may admit the allegation in the citation and pay the fine indicated by mailing the
citation together with a check for the amount of the fine to and made payable to the planning and
development department director. Appearance by mail will be deemed complete by the postmarked
date on the mailing.
(c) Any defendant who appears in the Tupelo Municipal Court and denies the allegations as provided in
subsection (a) above shall be deemed to have waived any objection to service of the citation, unless
such objection is affirmatively raised by the defendant at the time of the first appearance in relation to
the citation.
(Ord. of 10-17-06(2), 1)
Sec. 28-9. - Default judgment.
If the defendant fails to appear as directed on the citation, the court, upon request of the planning
and community development director or designee, shall enter a default judgment for the amount of the
fine indicated for the violation charged, together with a penalty for the defendant's failure to appear as
established by this chapter. If a defendant fails to appear at a hearing, the court may enter judgment
against the nonappearing defendant for the amount of the fine plus a penalty for failure to appear as
established by this chapter. No judgment may be entered against a fictitiously identified defendant, unless
the citation is amended to reflect the true identity of the defendant who received the citation.
Page 387
(Ord. of 10-17-06(2), 1)
Sec. 28-10. - Rules of procedure for civil citations.
The Mississippi Rules of Procedure in civil traffic violation cases may be followed by the Tupelo
Municipal Court for civil citations issued pursuant to this enforcement code except as modified or where
inconsistent with the provisions for this enforcement code.
(Ord. of 10-17-06(2), 1)
Sec. 28-11. - Collection of civil sanction, reinspection fees.
(a) The court may enforce collection of delinquent fines, fees and penalties as may be provided by law.
In addition, any judgment for a civil sanction imposed pursuant to this enforcement code shall
constitute a lien against the real property of the owner of the rental housing unit where the violation
occurred. The lien may be perfected by recording a copy of the judgment under seal of the City of
Tupelo with the Lee County Circuit Clerk. Any judgment for civil sanction pursuant to this
enforcement code may be collected as any other civil judgment.
(b) Any person who neglects, fails or refuses to correct the violations contained within a notice to comply
or other similar device issued pursuant to this chapter may be assessed a reinspection fee for
inspections which occur after the compliance date. The fee for these reinspections shall be set by
resolution of the city council. Failure to pay reinspection fees within fourteen (14) days of
assessment is a violation of this section. Reinspection fees may be collected as a lien against the
real property where the violation occurred in accordance with 28-13
(Ord. of 10-17-06(2), 1)
Sec. 28-12. - Interference with enforcement, abatement.
Any person who interferes with, prevents, or attempts to interfere with or prevent an individual
employed by the city or other person contracted for by the city, from investigating an alleged violation of
this chapter, or from correcting or abating a violation of this chapter is guilty of a Class 1 misdemeanor.
(Ord. of 10-17-06(2), 1)
Sec. 28-13. - Abatement.
(a) Hearing officer authorized. When a person is served with a notice to abate in accordance with MCA
21-19-11 to comply with the provisions of the codes and chapters concerning matters within the
scope of MCA 21-19-11 and neglects, fails or refuses to abate a violation for more than fourteen
(14) days from the effective date of the notice, the designated hearing officer shall hold an
administrative hearing pursuant to the notice regarding whether an order should be entered
authorizing the planning and community development manager or designee to abate any condition
that constitutes a violation. The hearing officer, after the hearing (or time for hearing should the
person fail to appear) shall enter such rulings and orders which it determines to be appropriate
including an order authorizing the city to abate the condition.
(b) Appeals. Any person aggrieved by a decision of the designated hearing officer may appeal to the
City of Tupelo City Council within ten (10) days from the date of the hearing.
(c) Statement of abatement expenses. The planning and community development manager or designee,
when so directed by the designated hearing officer to abate a violation of this enforcement code,
shall prepare a verified statement and accounting of all expenses incurred by the city and file such
Page 388
verified statement and accounting with the designated hearing officer. The verified statement and
accounting shall include the actual cost of such removal or abatement together with the imposed
penalty of one thousand five hundred dollars ($1,500.00) or fifty (50) percent of the actual cleaning
cost, whichever is more, and the cost of recording liens and releases thereof.
(d) Collection of abatement expenses. The person against whom the abatement order is issued shall
have fourteen (14) days from the date of delivery or mailing of the statement of abatement expenses
to pay. If the person fails to pay within the specified time period, the city manager or his designee
shall prepare a duplicate copy of the statement and account as a notice of lien and record one (1)
copy with the office of the Lee County Circuit Clerk and within ten (10) days thereafter serve the
remaining copy of such notice of lien upon the owner of the property liened in accordance with
Mississippi Law. The recorded lien shall bear interest at the legal rate for judgments in the State of
Mississippi from the date that the lien was recorded until it is paid in full.
(Ord. of 10-17-06(2), 1)
Sec. 28-14. - Commencement of criminal action.
(a) Criminal misdemeanor. A notice of a violation(s) shall be issued referencing the city code provision
violated and directing the occupant of the property where the violation has occurred, the owner,
agent or manager of record, or any person responsible for the violation to comply with the code
provision by a specified date not less that two (2) days or more than ten (10) days from the date of
notice. If the violation is not remedied by the date of compliance, the Tupelo City Prosecutor is
authorized under MCA 21-19-13(7) to file a criminal misdemeanor complaint in the Tupelo
Municipal Court for violation of this chapter by issuing a citation to the occupant of the property
where the violation has occurred, the owner, agent or manager of record, or any person responsible
for the violation.
(b) Citation form. The citation form will be substantially the same as the Mississippi traffic citation
currently in use and shall direct the defendant to appear before the Tupelo Municipal Court at the
next available hearing date not less than ten (10) days from the date of citation, or pay the fine
imposed pursuant to the codes and chapters within ten (10) days after issuance of the citation. The
citation shall contain the date and location of the violation, and reference to the city code provision
violated. The citation form shall also state that in the event the violation is corrected before the
hearing date, the defendant must still pay the fine imposed by the citation but will not be charged
with any court costs or other charges. The citation should also contain notice that every day the
violation continues from the date of citation will be considered a separate misdemeanor offense and
fines will be imposed accordingly.
(c) Fines. The Tupelo Municipal Court can impose a fine for each citation of up to one thousand dollars
($1,000.00), which is the maximum fine for misdemeanors in Mississippi or enter an injunction
ordering the defendant to comply with the city ordinance. Violation of such injunction will be
considered contempt of court. The Tupelo Municipal Court shall have the power to impose
punishment of a fine of not more than one thousand dollars ($1,000.00), or six (6) months
imprisonment, or both, for contempt of court.
(Ord. of 10-17-06(2), 1)
Sec. 28-15. - Conflict of ordinances.
In any case where a provision of this enforcement code is found to be in conflict with a provision of
any zoning, building, fire, safety, or health ordinance or code of the city, existing on the effective date of
this enforcement code, the provision which establishes the higher standard for the promotion and
protection of the health and safety of the community shall prevail.
Page 389
(Ord. of 10-17-06(2), 1)
Sec. 28-16. - Recording a violation.
The city may record a notice of violation with the Lee County Circuit Clerk. A recorded notice of
violation shall run with the land. Failure to record a notice of violation shall not affect the validity of the
notice as to persons who receive the notice. When the property is brought into compliance, a satisfaction
of notice of violation shall be filed at the request of the owner or responsible party at the requestor's
expense.
(Ord. of 10-17-06(2), 1)
Sec. 28-17. - Interference with enforcement, abatement.
Any person who interferes with, prevents, or attempts to interfere with or prevent an individual
employed by the city or other person contracted for by the city, from investigating an alleged violation of
this chapter, or from correcting or abating a violation of this chapter is guilty of a Class 1 misdemeanor.
(Ord. of 10-17-06(2), 1)
APPENDIX A
1.
Form of personal notice:

"I have this day delivered the within notice personally, by delivering to the within named property
owner, ____________ (here state name of party summoned), a true copy of this notice.
"This, the ____________ day of ____________, 20____________.
____________(Police Officer)"
2.
Form of notice where copy left at residence:

"I have this day delivered the within notice to ____________, within named property owner, by
leaving a true copy of the same at his (or her) usual place of abode in my municipality, with
____________, his (or her) (here insert wife, husband, son, daughter or some other person, as the
case may be), ____________ a member of his (or her) family above the age of sixteen (16) years,
and willing to receive such copy. The said property owner is not found in my municipality.
"This, the ____________ day of ____________, 20____________.
3.
Form of return when property owner not found within the municipality and is a nonresident thereof:
"I have this day attempted to deliver the within notice to ____________, the within named property
owner, and after diligent search and inquiry, I failed to find the same property owner within my
municipality, nor could I ascertain the location of any residence of the property owner within my
municipality.
"This, the ____________ day of ____________, 20____________.
APPENDIX A - SUBDIVISION REGULATIONS
Page 390
FOOTNOTE(S):
--- (1) --Editor's notePrinted herein are the subdivision regulations adopted August 6, 1974. Obviously
misspelled words have been corrected without notation. Capitalization and treatment of numbers have
been made uniform. Material added for clarity has been enclosed in brackets. Amendatory legislation will
be noted in history notation following a particular amended section.
Cross reference Airport zoning regulations, 4-16 et seq.; buildings and building regulations, Ch. 7;
emergency management, Ch. 9; flood damage prevention and control, Ch. 11; garbage, trash and refuse,
Ch. 12; mobile homes and mobile home parks, Ch. 16; planning, Ch. 21; streets, sidewalks and public
places, Ch. 24; utilities, Ch. 6; zoning regulations generally, App. B.
State Law reference Municipal authority to regulate subdivisions, MCA 1972, 17-1-1 et seq.
ARTICLE I. - AUTHORITY AND JURISDICTION
AUTHORITY
Be it ordained by the Mayor and Board of Aldermen of the City of Tupelo, Mississippi under the
provisions of MCA 1972 17-1-1 to 17-1-27, which provisions, are hereby made a part hereof, the
following regulations governing the subdivision of land are hereby adopted. A copy of these regulations
have been certified to the Chancery Clerk of Lee County.
JURISDICTION
From and after the date of September 3, 1974, these regulations shall govern all subdivision of land
within the corporate limits of the City of Tupelo, Mississippi. The construction plans and specifications
section of these regulations shall also govern the design and construction of the access roads
(driveways), waterworks, sanitary sewers, and storm sewers in private developments such as apartment
complexes and other developments in which the city will be required to furnish fire department service,
police department service, sanitation department service, and/or water and light department service.
AMENDMENTS
These subdivision regulations may be changed or amended by the mayor and board of aldermen by
giving due notice as required by law.
SEPARABILITY
Should any section or provision of these regulations be for any reason held void or invalid, it shall not
affect the validity of any other section or provision hereof which is not itself void or invalid.
DEFINITIONS
The word "subdivision" as used in these regulations means the division of a lot, tract, or parcel of
land into two (2) or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of
building developments. These regulations are not restricted to residential developments and shall apply to
all developments in every zone.
ARTICLE II. - PROCEDURE

The following procedure shall be used in making applications for approvals to proposed subdivisions
in the City of Tupelo, Mississippi:
(1) The subdivider or his agent shall submit to the public works department and/or the city engineer
and the city water and light department a preliminary plat of the proposed subdivision for their
review, approval, and/or comments. After the preliminary plat has the approval of the above
mentioned parties, it shall then be presented to the city planning commission fifteen (15) days
Page 391
prior to a regular meeting of this commission for their review, approval, and/or comments.
Should the preliminary plat fail to have the approval of any of the above mentioned groups, the
subdivider or his agent shall be notified, in writing, of the action taken and be given reason for
the plat not being approved.
After the city planning commission has approved the preliminary plat, they shall notify the mayor
of the City of Tupelo, in writing, of said action prior to the next regular meeting of the mayor and
board of aldermen. The preliminary plat of the proposed subdivision shall be submitted to the
mayor and board of aldermen at this regular meeting for their approval. Should the preliminary
plat fail to have the approval of the mayor and board of aldermen, the subdivider or his agent
shall be notified, in writing, of the action taken and be given reason for the plat not being
approved. The required contents of the preliminary plat are outlined in detail in another section
of these regulations.
(2) After the preliminary plat has the approval of the mayor and board of aldermen, the subdivider
or his agent may proceed with the development of the construction plans and specifications.
The construction plans and specifications shall be submitted to the public works department
and/or the city engineer, the city water and light department, the Mississippi State Board of
Health, and the Mississippi Air and Water Pollution Control Commission for their approval
and/or comments. After the construction plans and specifications have the approval of the
public works department and/or the city engineer and the water and light department, these
plans may then be submitted to the mayor and board of aldermen for their consideration at the
next regular meeting of this board. Should the construction plans and specifications fail to have
the approval of the public works department and/or the city engineer and the water and light
department, the subdivider or his agent shall be notified, in writing, of the action taken and be
given reason for the plans not being approved.
After the approval of the construction plans and specifications by the mayor and board of
aldermen, the subdivider may then proceed with the construction of the subdivision. Should the
construction plans and specifications fail to have the approval of the mayor and board of
aldermen, the subdivider or his agent shall be notified, in writing, of the action taken and be
given reason for the plans not being approved.
The required contents of the construction plans and specifications are outlined in another
section of these regulations.
(3) After the construction of the proposed subdivision has been completed, construction certified to
by the subdivider's engineer, approved by the public works department and/or the city engineer
and the city water and light department, approved by the Mississippi State Board of Health and
the Mississippi Air and Water Pollution Control Commission, and accepted by the mayor and
board of aldermen, the subdivider or his agent may file the final plat with the city clerk for the
City of Tupelo and with the Chancery Clerk of Lee County. Existing legal procedures shall be
followed in the filing of final plats.
The street locations and widths, the number of lots, and the size and locations of lots shown on
the final plat shall not vary substantially from those shown on the preliminary plat.
There shall be no building permits issued or buildings constructed in the proposed subdivision
before the filing and official approval of the final plat.
The required contents of the final plat are outlined in detail in another section of these
regulations.
(4) "As built" plans shall be submitted to the public works department and/or the city engineer and
the city water and light department no later than sixty (60) days after the filing of the final plat.
Failure to comply with this requirement shall be cause to discontinue the issuing of building
permits.
Page 392
The required contents of the "as built plans" are outlined in detail in another section of these
regulations.
(5) Lot improvement requirements. Lot improvements which are performed in such a method that
damages are caused to the streets and utilities are the responsibilities of the owner of the lot.
Lot improvement requirements and responsibilities are outlined in detail in another section of
these regulations.
ARTICLE III. - PRELIMINARY PLAT

The preliminary plat shall be prepared by or under the supervision of a registered professional
engineer or a registered land surveyor and should contain the information shown below in these
regulations.
STREET PLAN
The preliminary plat will show the location and width of the proposed streets. Minor streets shall have
a width of fifty (50) feet measured from property line to property line. Major streets shall have a width of
not less than eighty (80) feet measured from property line to property line. Minor streets will be used in
subdivision planning unless an adopted thoroughfare plan indicates the need for a major street in a given
location. Some minor streets may need to be constructed to terminate at a location which would allow
these streets to be continued into future developments.
The preliminary plat shall show the location and width of the existing streets located near the
proposed subdivision.
A circular curve will be required at any deflection in street alignment. No circular curve will be
permitted with centerline tangents less than one hundred (100) feet. No streets shall intersect at an angle
less than sixty (60) degrees. No street plan will be approved with intersections which offset less than one
hundred twenty-five (125) feet between centerlines.
Dead-end streets will not be approved except for the purpose of connecting to future developments.
Cul-de-sac shall not exceed five hundred (500) feet in length and shall terminate in a circle with a
radius of not less than fifty-five (55) feet.
LOT PLAN
Lots in residential subdivisions shall be planned to conform to the requirements of the zoning
ordinance as a minimum requirement. Minimum lot size and minimum yard requirements for one (1)
family dwelling are listed below:
Zone
Lot Area
(Sq. Ft.)
Front Yd.
(feet)
Side Yd.
(feet)
Back Yd.
(feet)
R1
12,500
35
15
30
R2
10,500
30
12
25
R3
7,000
25
10
25
R4
7,000
25
10
25
Page 393
Lots having frontage on two (2) parallel streets are not permitted.
Corner lots shall have sufficient additional width so as to allow the same setback (front yard) from
both abutting streets.
Lot lines shall be substantially at right angles to the streets except on curves where they shall be
radial as nearly as possible.
Lots shall be so planned that no lot will be below any flood plain. A high water elevation shall be
shown on the preliminary plat.
Lots shall be assigned a number beginning with the numeral one (1) and the remaining lots
numbered in such a way that the last lot numbered will reflect the total number of lots in the subdivision.
PARKING FACILITIES AND LOADING DOCKS
In zones where apartment type projects are allowed and constructed, off-street parking facilities shall
be provided. Space shall be provided for one and one-half (1) cars for each unit of apartments
constructed.
In zones where single family or duplex houses are allowed and constructed, off-street parking
facilities shall be provided. Space shall be provided at single- family dwellings for a minimum of two (2)
cars and at duplex dwellings a space for a minimum of three (3) cars.
In other than residential districts, adequate space for off-street parking and loading shall be provided.
Loading from any part of the street property will not be permitted. The required amount of off-street
parking for the various zones is given in the zoning ordinance.
LOCATION
The preliminary plat shall show the distance and direction to the nearest quarter section corner. The
section, township, and range shall be shown.
VICINITY SKETCH
A vicinity sketch or key map drawn to a scale of not more than six hundred sixty (660) feet to the inch
shall be shown on or accompany the preliminary plat. This sketch or map shall show all existing
subdivisions (lot lines excluded), streets and tract lines of acreage parcels, right-of-way and roadway
width of all streets and easements abutting the proposed subdivision, together with the names and
addresses of the record owners of parcels of land immediately adjoining the proposed subdivision. It shall
also show how streets in the proposed subdivision may connect with existing and proposed streets in the
neighboring subdivisions and/or undeveloped property to produce the most advantageous development
of the entire neighborhood.
SCALE
The preliminary plat shall show a graphic scale and shall be drawn to a scale of not more than one
hundred (100) feet to the inch.
The preliminary plat shall also show the date and a north arrow.
TOPOGRAPHY
The preliminary plat shall show existing contour lines, at two-foot intervals, based on Gulf Datum. A
bench mark related to these elevations will be shown on the plat.
OWNER
The preliminary plat shall include the names and addresses of the owners. If the property is being
subdivided by others than the owner, the subdivider's name and address shall also be shown. The name
of the subdivision shall be shown on the plat.
The seal of the engineer or surveyor who prepares the plat shall be affixed to the preliminary plat.
The address of the engineer or surveyor shall also be shown.
UTILITIES
Page 394
The preliminary plat shall show location and size of the existing sanitary sewers, water lines, and
primary electric lines adjacent to or across the property being subdivided. The invert elevations of the
existing sanitary sewer manholes shall be shown on the plat. Elevations shall be related to Gulf Datum.
Size and location of the proposed sanitary sewer lines and water lines shall also be shown on the
plat.
NONRESIDENTIAL LOTS
The reservation of any lots or sites for other than residential purposes shall be subject to the proper
zoning thereof.
Reserve strips for unspecified or unacceptable purposes are prohibited.
VARIANCES TO PRELIMINARY PLAT REQUIREMENTS
Each and every modification, variance, or waiver of the preliminary plat part of these subdivision
regulations sought by the subdivider shall be applied for in writing by the subdivider to the city planning
commission and the mayor and board of aldermen. Unless such application is made and approved, any
change made to the preliminary plat which would not conform to these subdivision regulations shall
constitute grounds for disapproval of the preliminary plat.
APPROVAL
The final approval of the preliminary plat does not indicate in any way an authorization to proceed
with construction of a proposed subdivision.
The final approval of the preliminary plat indicates that the owner or subdivider may, at this time,
proceed with the development of the construction plans. The owner will be notified, in writing, when the
preliminary plat is approved.
ARTICLE IV. - CONSTRUCTION PLANS AND SPECIFICATIONS

CONTENTS
The construction plans shall show in detail all of the items of work to be performed which are
covered in the specifications and/or proposal. The construction plans shall consist of drawings which shall
cover not less than the following:
(1) Title, vicinity map, plan index, and owner.
(2) Street plans and profiles, show lot layout on this plan.
(3) Typical street section, typical street intersection details, and typical cul-de-sac details.
(4) Standard street and storm sewer details.
(5) Sanitary sewer plans and profiles, show lot layout on plan.
(6) Standard sanitary sewer details.
(7) Storm sewer collection plan, show lot layout on plan.
(8) Waterworks plan, show lot layout on plan.
(9) Standard waterworks details.
(10) Neighborhood grading and drainage plan, show lot layout.
The construction specifications shall cover in detail all of the items of work to be performed in the
subdivision and may have included the following parts: Advertisements for bids, information for bidders,
general conditions, special provisions, detailed specifications, proposal, contract agreement, and contract
bond.
STREET PLAN
Page 395
The street plan shall conform to all of the requirements shown in the preliminary plat section and
shall include the following additional information: Bench mark related to topography and street profiles,
street names, horizontal curve data, graphic scale and north arrow, and points of curvature and tangency
of the street centerlines.
STREET PROFILES
Street profiles shall be drawn to show the existing centerline and finish grade centerline elevations of
the proposed streets.
Vertical curves shall be designed for each point of vertical deflection in the finish grade. Points of
vertical curvature and points of vertical tangency shall be shown.
Street grades shall not exceed eight (8) percent or be less than one-tenth (0.1) percent for either
major or minor streets.
Street grades approaching intersections shall not exceed six (6) percent for a distance of not less
than one hundred (100) feet from the centerline of said intersection.
All street grades should be planned, when possible, along contour elevations which will afford
minimum grades and good visibility.
STREET TYPICAL SECTION
Street typical sections shall show the property line to property line width of the street, width of street
measured from back of curb to back of curb, centerline elevation as related to gutter elevation (crown),
subgrade treatment, base course material and thickness, surface course thickness, curb and gutter
section, natural ground line showing both cut and fill areas, treatment to section between back of curb
and property line, and notes.
The width of the roadway part of a minor street shall be thirty-three (33) feet measured from back of
curb to back of curb. The width of the roadway part of a major street shall be forty-four (44) feet measured
from back of curb to back of curb. A standard curb and gutter will be required on both sides of all streets.
The top of the curb to be not less than six (6) inches higher than gutter flow line.
STREET CONSTRUCTION REQUIREMENTS
(1) Subgrade Preparation:
a.
The subgrade shall be smooth, firm, uniform and compacted to ninety-five (95) percent
STD, Proctor density AASHTO T-99.
b.
Any material deemed to be unsuitable by the City of Tupelo such as muck, stumps, stones,
bricks, and any other foreign material, shall be removed and disposed of as directed by the
City of Tupelo.
(2) Clay Gravel Application:

a.
The clay gravel materials shall be composed of natural or artificial mixtures of aggregate
and soil mortar so proportioned as to meet all the requirements as hereinafter specified.
b.
The course aggregate (material retained on the No. 10 sieve) shall consist of hard, durable
particles of uncrushed gravel, shall be free from vegetable or other deleterious substances.
c.
The binder portion of the surface material (that portion passing the No. 10 sieve) shall be
composed of a natural or artificial mixture of natural quartz sand combined with silt and
clay.
d.
Test requirements:
Sieve
% Passing
Page 396
100
92100
65100
3590
No. 4
3070
No. 10
2555
Material passing No. 10 sieve shall meet the following requirements:
Sieve
% Passing
No. 10
100
No. 40
2090
No. 60
1575
No. 270
650
Silt (.05 to .005 mm)
325
Clay (smaller than .005 mm)
330
Physical characteristics of mixture passing No. 40 sieve:

Liquid Limitnot more than 25 AASHTO T-89-81
Plasticity Indexnot more than 6 AASHTO T-90-81
e.
A uniform six (6) inches of clay gravel shall be placed and compacted to one hundred (100)
percent standard proctor density (using AASHTO T-99-81, method D testing procedures)
to the full width of the proposed pavement, and the additional width of the curb and gutter
on each side.
(3) Prime Coat Application:
Page 397
a.
A prime coat application on the prepared clay gravel shall be required prior to laying of
bituminous base course.
b.
The prime coat shall conform to the Mississippi Standard Specifications for Road and
Bridge Construction, Section 408.
c.
The rate of application shall be 0.250.40 gallons per square yard.
(4) Bituminous Base Course:

a.
After inspection and approval of the six (6) inches of clay gravel and prime coat by the City
of Tupelo, a uniform three (3) inches of bituminous base course, meeting the following
requirements, shall be placed by a paving machine, and compacted in place by rollers,
meeting the approval of the City of Tupelo.
b.
Aggregate for Bituminous Base Course:
Sieve
% Passing
100
80100
60100
No. 4
3475
No. 10
2460
No. 40
1044
No. 80
426
No. 200
314
Bituminous Material Percent: Asphalt Cement 5.08.0

c.
Bituminous Material:
Asphalt
Cement
Specification
Mixing
Temp.
AC30
AASHTO
M-226-73
275325
Page 398
d.
Contractor shall furnish the City of Tupelo with the actual job mix formula for approval.
(5) Bituminous Surface Course:

a.
After placement of the base course, a uniform two (2) inches of bituminous surface course,
meeting the following requirements, shall be placed by a paving machine, and compacted
in place by rollers, meeting the approval of the City of Tupelo.
b.
Aggregate for Bituminous Surface Course:
Sieve
% Passing
100
3/8
84100
No. 4
6086
No. 10
4267
No. 40
1633
No. 80
822
No. 200
28
Not less than forty (40) percent of the material passing the No. 10 sieve shall be retained on the
No. 40 sieve.
Bituminous Material Percent: Asphalt Cement 5.08.5
c.
Bituminous Material:
Asphalt
Cement
Specification
Mixing Temp.
AC30
AASHTO M-226-73
275325
d.
Contractor shall furnish the City of Tupelo with the actual job mix formula for approval.
Page 399
(6) Concrete Pavements: Plans and specifications for concrete pavements shall be submitted to the
City of Tupelo for approval on a case by case basis.
TYPICAL STREET INTERSECTION

AND CUL-DE-SAC PLAN
The typical street intersection and cul-de-sac plan shall show the proposed street centerlines, curb
and gutter lines, street property lines, radii of curbs and gutters at points of intersections, center points at
cul-de-sac, and centerline radii of cul-de-sac to curb line and property line. The horizontal distance
between lines shall be shown.
Curb and gutter radii at street intersection shall be not less than fifteen (15) feet.
Centerline radii at cul-de-sac to property line shall be not less than fifty-five (55) feet. Centerline radii
at cul-de-sac to back curb line shall be not less than fifty-one (51) feet.
STANDARD STREET AND STORM
SEWER DETAILS
The standard street and storm sewer detail sheet shall show plan and/or section of curb and gutter,
curb inlets, bar grate inlets, storm sewer pipe, storm sewer manholes, storm sewer junction boxes,
castings, concrete walks, concrete steps, solid sod, headwalls, ditches, and concrete driveways. This
detail sheet should cover the details for every street and storm sewer item shown in the proposal.
Concrete driveway radii at curb and gutter intersections shall not be less than three (3) feet.
SANITARY SEWER PLAN
The sanitary sewer plan shall show the sanitary sewer line locations, proposed sanitary sewer
manholes, street layout with adjacent lots, existing sanitary sewer lines, existing sanitary sewer
manholes, direction of flow, north arrow, scale, benchmark and notes.
The horizontal distance between sanitary sewer manholes shall not exceed four hundred (400) feet.
Manholes shall be assigned a number.
SANITARY SEWER PROFILES
The sanitary sewer profile sheet shall show elevations of the existing ground where sewer lines are
not located in the street, elevations of the finish grades of the street where sewer lines are located in
proposed streets, invert elevations of the proposed sewer lines and manholes, elevations of the tops of
the manholes if different from the elevation of the existing ground, size of the proposed sewer line, size of
the existing sewer line, invert elevation of the existing sewer line and/or existing manhole, drop
connections, slope of the proposed sewer line, street names, line identification if line is not in street rightof-way, and manholes numbered corresponding to manhole numbers on sanitary sewer plan sheet.
Sanitary sewer lines shall be constructed of pipe not less than eight (8) inches in diameter. Slopes
for eight (8) inch sanitary sewer lines shall be not less than forty-one hundredth (0.40) percent. Sanitary
sewer service lines shall be not less than four (4) inches in diameter. The design of sanitary sewers shall
include all of the applicable requirements of the Environmental Protection Agency.
STANDARD SANITARY SEWER DETAILS
The standard sanitary sewer detail sheet shall show not less than plan and/or section of sanitary
sewer lines, sanitary sewer manholes, trenches, drop connections, clean-outs, manhole steps, pipe
supports, wye branches, and joints at pipes of different materials.
WATERWORKS PLAN
The waterworks plan shall show not less than the proposed water lines, size and location, valves, fire
hydrants, existing water lines size and location, proposed water line pipe material, proposed street
locations with adjacent lots, street names, approximate lot dimensions, north arrow, scale, and notes.
Page 400
Main water lines shall be constructed of pipe which is not less than six (6) inches in diameter. Water
pipe lines into cul-de-sac and other small areas shall be not less than three (3) inches in diameter. The
city light and water department, may in some locations, request that water mains be made larger than six
(6) inches to help strengthen the city's overall water system. Should the city light and water department
make such a request, the additional cost for the larger line shall be borne by the City of Tupelo.
Water service lines shall be constructed of pipe which is not less than three-fourths () inches in
diameter.
Fire hydrants shall be so placed that no dwelling or other structure shall be further than five hundred
(500) feet from a fire hydrant.
Locations of valves shall be consistent with good engineering practice and the requests of city water
and light department.
STANDARD WATERWORKS DETAIL
The standard waterworks details sheet shall show not less than the plan and/or section of water
lines, trench, valves, meters, meter boxes, service connections, highway crossings, railroad crossings
and thrust blocks.
STORM SEWER COLLECTION SYSTEM PLAN
The storm sewer collection plan shall show not less than storm sewer lines size and location, inlet
locations, easements locations and widths, open ditch locations and widths, lot and street layout of entire
subdivision, lot numbers, street names, north arrow, scale, arrows indicating directions of flow and notes.
Invert and/or flow line elevations of the storm sewer pipe, inlets, and open ditches shall be noted on
this plan. The drainage area and method for determining pipe size shall be shown for each pipe.
Valley gutters at the intersection of streets shall not be permitted.
In locations where it is necessary to have drainage easements along side lot line, storm sewer pipe
shall be extended along this easement for a minimum distance of fifty (50) feet from the street property
line. Abrupt turns in open ditches will not be permitted.
Storm sewer pipes located on street property shall be reinforced concrete, not less than fifteen (15)
inches in diameter, and shall conform to, as a minimum requirement, A.S.T.M. Designation C76, Class III.
A maximum rainfall of four (4) inches per hour or more shall be used in determining the sizes of
proposed storm sewer pipe. In selecting the runoff index (C Value), the shape of the drainage area, the
average slope of the drainage area, the cultivation and classification of the soils, the proposed and
existing improvements, and other data shall be considered.
No storm sewer pipe shall be constructed to a slope of less than ten-one hundredths (0.10) percent.
NEIGHBORHOOD GRADING AND DRAINAGE PLAN
The neighborhood grading and drainage plan shall consist of not less than contour lines at two (2)
feet intervals based on gulf datum, lot and street layout of entire subdivision, approximate rough grade at
building site and typical house layout on each lot, proposed elevations at street lot corners, note showing
high water elevation, arrows indicating direction of flow of surface water, street names, north arrow, scale,
and notes.
VARIANCES TO CONSTRUCTION PLANS AND SPECIFICATIONS
Each and every modification, variance, or waiver of the construction plans and specifications part of
these subdivision regulations sought by the subdivider shall be applied for in writing to the mayor and
board of aldermen. Unless such application is made and approved, any change made to the construction
plans and specification requirements shall constitute grounds for disapproval of the construction plans
and specifications.
APPROVALS
Page 401
After the final approval of the construction plans and specifications by the mayor and board of
aldermen, the subdivision owner will be notified, in writing, of this approval and he may proceed with the
construction of the subdivision.
The final approval of the construction plans and specifications does not indicate, in any way, an
authorization for the construction of dwellings or other buildings in the subdivision.
SUPERVISION OF CONSTRUCTION
The owner of the subdivision or the owners engineer shall provide a qualified person or persons to
inspect the construction of the subdivision to be able to assure the owner and the City of Tupelo that each
item of work has been performed to meet the requirements of the construction plans and specifications.
Qualified persons working for the City of Tupelo, will from time to time, make random inspections of
the construction in the proposed subdivision. The subdivision owner and/or the owner's contractor shall
assist these people in making said inspections.
APPROVAL OF CONSTRUCTION
When the construction to the subdivision has been completed and this construction has been
certified to, showing conformity to plans and specifications, by the owner and owner's engineer, and has
been approved by the City of Tupelo, the owner shall prepare and file with the city clerk and the chancery
clerk a final plat to the subdivisions. Written approval of the construction in the subdivision will be given to
the owner at the time of such approval by the City of Tupelo.
The approval of the construction to the proposed subdivision does not indicate, in any way, an
authorization for the construction of dwellings or other buildings in said subdivision.
GUARANTEE
After the construction has been approved, the owner shall provide a guaranty for a period of one (1)
year to the City of Tupelo to cover all of the items of work and material which are a part of the
construction in said subdivision. This guaranty shall be supported by a bond, suitable to the City of
Tupelo, provided by the contract bond or by a bond provided by said owner. A copy of this bond shall be
filed with the city clerk and a copy of the letter of this transmittal mailed to the building inspector.
The amount of the bond shall be not less than the total construction cost to the subdivision. The
subdivision owner or his agent (bond) will not be required to replace or repair any damages to streets,
utilities, and/or storm sewer systems which should occur during the one (1) year warranty period that are
not caused by faulty workmanship or materials. The owner of a lot in the subdivision at which the
development to said lot shall cause damages to city property shall be responsible for these damages.
ARTICLE V. - FINAL PLAT

The final plat shall be prepared by or under the supervision of a registered professional engineer or a
registered land surveyor and contain the information shown below in these regulations.
FINAL PLAT DRAWING
The submission of the final plat to the mayor and board of aldermen of the City of Tupelo and the
Chancery Court of Lee County shall consist of a sepia copy of the original drawing and a cloth mounted
print of the subdivision for approval and filing at the offices of the city clerk and the chancery clerk.
The original drawing of the final plat shall be clearly and legibly drawn in black ink on tracing cloth or
other comparable transparent material. The size of the final plat shall be eighteen (18) inches by twentyfour (24) inches including the margins. The final plat shall be drawn to a scale of not less than one (1)
inch equals one hundred (100) feet. Plats may be drawn on larger sheets provided that reductions to the
above required size will be legible in all respects.
FINAL PLAT CONTENT
The final plat shall contain the following information:
(a) Title, date, graphic scale, and north arrow.
Page 402
(b) Name, location, and right-of-way width of each street. Street locations shall include station
numbers or other horizontal identification of points of beginning, points of ending, points of
intersections, points of curvature, points of tangency, and curve data for the centerlines of each
street.
(c) Number, location, and exact dimensions and line bearings for each lot. Lot line dimensions to
nearest one-hundredth (100th) foot. Angles and/or bearings to the nearest minute. Error of
closure not to exceed one (1) to five thousand (5,000). Note indicating that iron pins have been
set at each lot corner. Iron pins shall be not less than three-eights (3/8) inch in diameter nor less
than eighteen (18) inches long.
(d) Description, location, width, and length of all easements. Easements shall be, when possible,
balanced along lot lines and have a total width of not less than fifteen (15) feet.
(e) A legal description of the perimeter of the subdivision tied to an existing one-quarter () section
corner based on U. S. Government Survey.
(f)
Reference to adjoining platted land and other adjoining property by plat book and page number.
(g) Dedication of streets, easements, parks, and other public areas. Mayor's signature below the
notes indicating the dedication of streets will signify approval of the final plat by the board of
aldermen.
(h) Notes indicating the plat book and page at which the restrictive covenants for the subdivision
can be found.
(i)
Certificate of the owner.
(j)
Certificate of the engineer and/or surveyor. Seal and number of engineer and/or surveyor.
(k) City clerk's certificate. Seal for City of Tupelo.

(l)
Chancery clerk's certificate. Seal for chancery court.
(m) Acknowledgment by notary public. Notary's seal.
APPROVALS
After the final plat has the approval of the City of Tupelo and the Chancery Court of Lee County, and
has been filed in the offices of the city clerk and the chancery clerk, building permits may be written for
construction on lots in the subdivision.
ERRORS
After the approval and filing of the final plat, it should become apparent, beyond reasonable doubt,
that said plat contains errors, the owner shall instruct his engineer and/or surveyor to correct the plat.
ARTICLE VI. - "AS BUILT" PLANS

After the construction of the subdivision has been completed and accepted, the subdivider or his
agent shall submit to the public works department and/or the city engineer and the water and light
department a set of "As Built" plans.
"As Built" plans shall show to a very high degree of accuracy the size, dimensions, vertical location,
and horizontal location of all the improvements in the subdivision.
This set of "As Built" plans may be made by altering and/ or correcting the tracings of the
construction plans. Copies may then be produced of the corrected tracings.
Acceptable "As Built" plans shall be submitted to the above offices not later than sixty (60) days after
the filing of the final plat. Failure to comply with this requirement of these regulations shall be cause to
discontinue the issuing of building permits or to revoke building permits which may have been previously
issued.
Page 403
ARTICLE VII. - LOT IMPROVEMENTS REQUIREMENTS

DAMAGES TO CITY PROPERTY
After the construction of the subdivision has been completed and accepted, the final plat accepted
and filed, and the construction of buildings on lots started; any damages caused by this building
construction to the streets or any other city property shall be the responsibility of the owner of the lot or
lots related to the damages involved. Damages to city property would include, but not be restricted to,
broken curbs and gutters, storm sewer ditches and culverts which become restricted by excavation and/or
other foreign matter from lots, and failure of street subgrade, street base course, and/or street surface
course due to heavily loaded trucks traveling to and from lots or due to excavation or other foreign matter
deposited on streets from lots. The owner of any lot from which the above mentioned damages should
occur will be required to repair or replace the damaged items. Should the owner of the lot fail to repair or
replace the damaged items, after being notified, in writing, by the public works department and/or city
engineer, the City of Tupelo will make the needed repairs and replacements and bill the owner of the lot
for the costs of said repairs and replacements. The excavation or construction on any lot at which the
above mentioned problem occurs shall be suspended until the repairs and replacements have been
made.
IMPROVEMENTS TO STREET PROPERTY
No grading, construction, or planting on the area between the back of the curb and gutter and the
street property line which will restrict the line of sight of motorists or pedestrians will be permitted at any
lot. The owner of any lot at which a violation of this requirement occurs will be responsible for said
violation and shall correct same at the instruction of the public works department and/or the city engineer.
PLOT PLAN
The plot diagram as required by section 105.4 (Application for Building Permit) of the Standard
Building Code shall include a grading plan for the lot. This grading plan shall show, in detail, the proposed
treatment to all surface water at said lot. No building permit will be issued before this grading plan has the
approval of the city building inspector.
The grading, excavation, or construction at any lot shall not create a storm water problem for an
adjacent lot or any other property.
No piles of debris or other foreign matter shall be deposited on any adjacent lot or any other
property, including street property. The lot for which the building permit is written shall also be cleaned-up
before the final acceptance by the city building inspector.
DRIVEWAY TURNOUTS
Driveway turnouts which are not built at the time of construction of the street curbs and gutters shall
be built in accordance with the typical street section sheet of the construction plans. These driveway
turnouts shall be a minimum of ten (10) feet wide and have a curb radius of not less than three (3) feet.
No material will be placed in the street gutter which will impair the flow of storm water. Driveway turnouts
will be constructed with materials and workmanship equal to or better than the adjoining curbs and
gutters. The owner of the lot at which the driveway turnout is being constructed shall be responsible for
any violation of the above requirement and shall correct any violation at the instruction of the city building
inspector.
APPENDIX B - ZONING ORDINANCE

FOOTNOTE(S):
--- (1) --Editor's notePrinted herein is the zoning ordinance enacted February 2, 1988, with subsequent
amendments. Obviously misspelled words have been corrected without notation. Capitalization and
treatment of numbers have been made uniform. Material added for clarity has been enclosed in brackets.
Page 404
Cross reference Sign code, 3-21 et seq.; airport zoning regulations, 4-16 et seq.; buildings and
building regulations, Ch. 7; emergency management, Ch. 9; flood damage prevention and control, Ch. 11;
garbage, trash and refuse, Ch. 12; mobile homes and mobile home parks, Ch. 16; parks and recreation,
Ch. 20; planning, Ch. 21; streets, sidewalks and public places, Ch. 24; utilities, Ch. 26; subdivision
regulations, App. A.
State Law reference Municipal authority to adopt zoning ordinances, MCA 1972, 17-1-1 et seq.;
public hearing required, MCA 1972, 17-1-15.
ARTICLE I. - SHORT TITLE, PURPOSE AND APPLICATION
Section 1. - Short title.

This ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Tupelo,
Mississippi."
(Ord. of 2-2-88, Art. I, 1)

Section 2. - Purpose.
The provisions set forth herein are enacted to implement the comprehensive [plan] for land uses in
order to encourage the most appropriate use of land, to maintain and the [to] stabilize the value of
property, to prevent the overcrowding of land and undue population concentration of population [sic] and
to create a comprehensive and stable pattern of land use which will facilitate the planning and provision of
transportation, water, sewerage, schools, parks and other facilities; and to promote the health, safety and
welfare of present and future inhabitants.
(Ord. of 2-2-88, Art. I, 2)

Section 3. - Application.
Except as hereinafter provided, no building shall be erected, or structurally altered, nor shall any
building or premises be used for any purpose other than those permitted in the zoning district in which the
building or premises is located. No land or lot area shall be reduced or diminished to the extent that the
yards or open spaces shall be smaller than prescribed herein, nor shall the lot area per family be reduced
in any manner except in conformity with the regulations hereby established for the district in which such
land or lot is located. No yard or open space provided about any building for the purpose of complying
with these regulations shall be considered as providing a yard or other open space for any other building.
(Ord. of 2-2-88, Art. I, 3)

ARTICLE II. - DEFINITIONS
For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural
number includes the singular.
The word "shall" is mandatory; the word "may" is permissive.
Page 405
The words "used" or "occupied" include the words "intended," "designed" or "arranged" to be used or
occupied.
The word "lot" includes the words "plot" or "parcel."
The following words, terms and phrases are hereby defined as follows and shall be interpreted as
such throughout this ordinance. Terms not herein defined shall have the meanings customarily assigned
to them.
Accessory uses and structures: A use or structure on the same lot with and of a nature customarily
incidental and subordinate to the principal use and/or structure.
Agriculture: The raising or growing of crops only; except that the board of aldermen may, by special
order, permit the raising of fowl or livestock, but not swine, in any rural or outlying fringe area with the City
of Tupelo, providing such use does not constitute a nuisance or health hazard.
Alley: Any public or private way twenty (20) feet or less in width set aside as a permanent right-ofway.
Apartment: A dwelling unit located in a multifamily residential structure for occupancy by one (1)
family only, regardless of ownership.
Basement (cellar): A story wholly or partially underground. For purposes of height measurement, a
basement shall be counted as a story when more than one-half () of its height is above the average
grade level, or when it is used for commercial purposes.
Boardinghouse: A rooming house, other than a hotel or motel where, for compensation and by
prearrangement for definite periods, meals and lodging are provided for three (3) or more and not
exceeding twelve (12) persons on a weekly or monthly basis.
Buffer area: An area so planned and/or zoned which acts as a buffer or separation area between two
(2) or more uses or structures not compatible due to design, function, use, or operation.
Buildable area: That portion of a lot remaining after required yards have been provided.
Building: Any enclosed structure having a roof and intended for shelter, housing, or enclosure of
persons, animals or chattel; and when divided by an unpierced wall from the ground to the roof, each
portion of such structure shall be considered a separate building.
Building height: The vertical distance from the ground to the highest point of the coping of a flat roof,
or the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
Child day care center: A publicly supported facility for the care and protection of children by persons
other than parents for a substantial part of a day away from home, attending to their needs and
development, up to the age of fourteen (14) years, with or without a fee or charge therefore [therefor].
Clinic: A facility for diagnosis and treatment of medical, chiropractic, dental or psychological
outpatients, provided that patients are not kept overnight, and which may be used by one (1) or a group of
medical or dental practitioners.
Club, country: A facility providing recreational and related services to members and their guests only,
characterized by substantial land and improvement commitment to such facilities as golf courses, tennis
courts, swimming pools, clubhouses and the like.
Club, private: A facility providing recreational or food and beverage services to members and their
guests only.
Conditional use: An authorization by the city to allow the use of land or buildings for a use not
otherwise permitted in that district but which, depending on the specifics of each individual intended use,
would not adversely affect the particular neighborhood in which it is to be located, particularly if
appropriate conditions are imposed. Conditional use approvals are limited to those uses listed in the
schedule of district uses contained in article IV, section 2 of this ordinance.
Page 406
Convalescent home (rest home or nursing home): Those health facilities where persons are housed
and furnished with meals and continuing nursing services for a fee.
Convenience-type grocery store: A store of not more than three thousand (3,000) square feet of
retail sales area, not counting storage, which deals in grocery items of a convenience nature. Also,
commonly referred to as a "drive-in" grocery.
Density: The intensity of land use and also the maximum intensity of land use physically possible of
a minimum lot observing all yard, height, and coverage provisions of the zoning ordinance.
Dwelling, duplex (two-family): A detached residential building containing two (2) dwelling units
designed for occupancy by not more than two (2) families.
Dwelling, mobile home: A movable residential dwelling designed for year-round occupancy with no
foundation other than wheels, jacks, or skirtings, and capable of being moved, towed, or transported by
another vehicle. Removal of its wheels and placement upon a permanent foundation shall not warrant
reclassification to a conventional single-family dwelling.
Dwelling, townhouse: A structure which is one (1) of a series of dwelling units designed for singlefamily occupancy, which dwelling units are structurally connected or immediately adjacent to each other
without side yards between individual dwelling units. Also known as "row houses."
Dwelling unit: One (1) room, or rooms connected together, constituting a separate, independent
housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer,
basis, and physically separated from any other rooms or dwelling units which may be in the same
structure, and containing independent cooking and sleeping facilities.
Factory outlet: A store which serves as a retail outlet for a manufacturing company to sell the
merchandise it manufactures, or, a series of stores in a single building, or on a single lot, where at least
fifty (50) percent of the selling space in the building or on the lot is occupied by manufacturers selling their
own merchandise.
Family:One (1) or more persons occupying a single dwelling unit, provided that unless all members
are related by blood or marriage, no such family shall contain over five (5) persons, but further provided
that domestic servants employed on the premises may be housed on the premises without being counted
as a family or families.
Floor area: Floor area is the sum of the gross horizontal area of all floors of a building exclusive of
porches, balconies, and garages measured from the exterior faces of the exterior walls or from the
centerline of interior walls or petitions [partitions] separating such uses. Such floor area shall not include
floors used for on-site parking when such parking pertains to a residential, commercial, or industrial use in
the same structure.
Garage, mechanical: A facility used for the repair of automobiles, trucks, and similar vehicular
powered, hydraulic, or control systems.
Grade or grade level: The finished elevation of land, either horizontal or sloping, after completion of
site preparations for the construction of structures.
Ground area: Ground area shall be the total geometric area of a lot as defined within its boundaries.
Home business: A home occupation which allows customers and other activities as specified in this
ordinance.
Home occupation: An occupation conducted in a dwelling unit, provided that:
(a) No person other than members of the family residing on the premises shall be engaged in such
occupation;
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate
of its use for residential purposes by its occupants, and not more than twenty-five (25) percent
of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
Page 407
(c) There shall be no change in the outside appearance of the building or premises, or other visible
evidence of the conduct of such home occupation;
(d) No home occupation shall be conducted in any accessory building;
(e) There shall be no sale of products on the premises;
(f)
No traffic shall be generated by such home occupation;
(g) No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the
occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in
other than a single-family residence. In case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any radio or television receivers off
the premises, or causes fluctuations in line voltage off the premises.
Hospital: An institution where sick or injured persons are given medical care and in the course of
same are housed overnight, fed and provided nursing and related services.
Hospital, small animal: An institution where sick or injured small animals of less than one hundred
fifty (150) pounds are given medical care, and in the course of same are housed overnight, fed, and
provided related services. Hospital, small animal shall be considered a commercial use.
Hotel or motel: A building where lodging is provided or lodging, food and various personal services
are provided for more than twelve (12) persons. Hotels or motels shall be considered a commercial use.
Industry, heavy: Those industrial uses which have extensive space requirements and/or generate
substantial amounts of noise, vibrations, odors, or possess other characteristics that are detrimental,
hazardous, or otherwise offensive and incompatible with other land uses.
Industry, light: Those industrial uses which do not generate odors, smoke, fumes, or excessive
noises.
Kennel: A facility, other than at a residence, where four (4) or more dogs or cats, or a combination
thereof, are housed, whether by the owners of the animals or by other persons, with or without
compensation. A kennel shall be considered a commercial use.
Lot: For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet
minimum zoning requirements for use, coverage, and area, and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an improved public street, or on an
approved private street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, of complete lots of record and portions of lots of
record, or of portions of lots of record;
(d) A parcel of land described by metes and bounds; provided that in no case of division or
combination shall any residual lot or parcel be created which does not meet the requirements of
this ordinance.
Lot area: The total horizontal area of a lot included within the lot lines.
Lot frontage: The front of a lot shall be construed to be that portion nearest the street extending from
lot line to lot line. For the purposes of determining yard requirements on corner lots, all sides of a lot
adjacent to streets shall be considered frontage and yards shall be provided as indicated in this
ordinance.
Lot lines: The lines bounding a lot as such parcel of land is defined herein.
Lot line, front: In the case of an interior lot, the property boundary line, departing said lot from the
street. In case of a corner or double frontage lot, the line separating said lot from the street which the
building shall face.
Page 408
Lot line, rear: The property boundary line opposite and most distant from the front lot line.
Lot line, side: The side lot line is the property boundary line between the front and rear lot lines.
Lot of record: A lot, either residential, commercial or industrial, which is part of a subdivision
recorded in the office of the county chancery clerk, or a lot or parcel of land described by metes and
bounds, the description of which has been recorded.
Lot width: Width of a lot shall in every case be considered to be the distance from side of lot to side
of lot measured at the front minimum building setback line.
Lumberyard (no millwork):A yard used for the storage of lumber in which the lumber is bought and
sold, then processed and used in an entirely separate and different location.
Lumberyard and millwork: A yard and mill used for the expressed purpose of storing and processing
unfinished lumber and timber into another product.
Manufactured building: A mobile home, modular building, portable building or other similar building
which is manufactured and assembled at a manufacturing plant or other location and is transported to the
site on its own chassis, on a truck or by other means.
Manufacturing establishment: A facility at which goods are made through use of raw materials,
machinery, and labor and often employing assembly line techniques.
ManufacturingGroup A. The manufacture of items and goods for sale on the premises only and
which requires not more than ten (10) employees.
Candy and other confectionery products;
Canvas products;
Chewing gum;
Costume jewelry and miscellaneous notions;
Dairy products;
Dental equipment and supplies;
Floor covering;
Grain mill products;
Ice;
Knit and lace goods;
Medical and other professional instruments;
Printing or publishing;
Watches, clocks, clockwork operated devices and parts;
Yarns and threads.
ManufacturingGroup B (light manufacturing)
Advertising displays;
Bakery products;
BeverageNonalcoholic;
Bottling works for beverages;
Book binding and tooling;
Brooms and brushes;
Custom furniture making, cabinet shops.
Page 409
ManufacturingGroup C (heavy manufacturing uses)

Aircraftincluding parts;
Apparel and other textile products;
Automatic temperature controls;
Automobile, trucks, trailers, and parts;
Boat manufacture;
Brick and structural tile;
Building materials;
Canning of food, beverages;
Ceramic products;
Cigarettes, cigars and other tobacco products;
Communications equipment including radio and T.V.;
Concrete and concrete products;
Cotton gin;
Cosmetics and toiletries;
Cutlery, hand tools and general hardware;
Cut stone and allied products;
Electrical machinery, equipment and supplies;
Engines and turbines;
Fabricated metal products;
Fan machinery and equipment;
Food and kindred products (except meats);
Furniture (wood and metal);
Glass and glass products;
Gum and wood chemicals;
Hardwood flooring;
Leather products;
Luggage;
Metal cans;
Metal stamping;
Millwork (wood);
Motorcycle, bicycle;
Musical instruments;
Pharmaceutical products;
Photographic equipment and supplies;
Plastics products;
Porcelain products;
Page 410
Silverware;
Steel products;
Toys;
Wax products;
Wood products.
ManufacturingGroup D (permitted on approval of board only)
Agricultural chemicals;
Ammunition;
Animal and marine fats and oils;
Asphalt or asphalt products;
Carbon;
Cement;
ChemicalsGeneral unless specified elsewhere;
Clay refractories;
Coal, coke or related tar products;
Coffee and coffee products;
Explosives;
Fertilizers;
Fur;
Gas or gas products;
Glue;
Gypsum;
Hair processing;
Leather or fur tanning, curing, finishing or dying;
Iron or steel;
Lime products;
Matches;
Meat and meat products;
Metal casting and processing;
Monument works;
Paint and allied products;
Paper and allied products;
Paper bound containers and boxes;
Petroleum products;
PlasticRaw;
Railroad equipment;
Rubber and rubber products;
Page 411
Soaps or detergents;
Stone processing;
Sugar refining;
Wood or lumber processing including wood pulp or fiber.
Mobile home park:A mobile home park is defined as an area in which spaces are provided on a
rental basis or lease basis only for owner-occupied mobile homes or in which both the space and the
mobile home are offered to the public on a rental or lease basis only.
Mobile home subdivision: A mobile home subdivision is a tract of land in which spaces or lots for
mobile homes are for sale and in which the purchaser receives fee simple title to the space or lot.
Neighborhood shopping center: A commercial center developed as a unit providing for the sale of
convenience goods (foods, drugs, sundries) and personal services for the day-by-day living needs of the
immediate neighborhoods; and related in its location, size, and type of stores to the area which the unit
serves.
Nonconforming use: A building, structure, or use of land existing at the time of enactment of this
ordinance which does not conform to the zoning regulation of the district in which it is located.
Nursery school: A facility used for temporary housing and attending to the needs and development of
six (6) or more nonrelated children with or without a fee or charge therefore [therefor].
Open space, common: A parcel or parcels of land not occupied by dwellings or other buildings,
which is permanently maintained in a suitable state for the shared use and enjoyment by the owners
and/or occupants of individual dwelling units within a particular development.
Outdoor advertising signs and billboards: A sign including the supporting sign structure which directs
the attention of the general public to a business, service or activity not usually offered or sold upon the
premises where such a sign is located, and such sign or billboard shall be considered a commercial use.
Outdoor storage: A depository or place for storing goods related to the establishment on the same
premises and not located within a building.
Parking, off-street: A parking place not located on a public street and which may serve a specified
land use on the same site.
Parking space: An area of ground within or outside a building, for the purpose of adequate storage of
automobiles that has two hundred (200) square feet.
Party wall: A wall used jointly by two (2) parties, erected upon [a] line separating two (2) parcels of
land, each of which is a separate real estate entity.
Permitted use: A use of land listed in the schedule of district uses.
Planned unit development (PUD): A land tract in which a multiplicity of land uses may be permitted
including single-family residential, multifamily residential, public use and compatible commercial use, and
in which, land not used by residential or commercial structures and yards but required by basic zoning of
the site shall be reserved collectively in [a] contiguous unit accessible to all the building sites in the
development as open space for the purpose of providing recreational facilities and pedestrian circulation.
Professional occupation: A recognized calling requiring specialized knowledge and often long and
intensive academic preparation, such as physicians, dentists, engineers, architects, planners, artists,
attorneys, ministers, and similar professions.
Public use: A use that is operated and maintained by a government agency through tax.
Public utility facilities: Electric transformers, substations, distribution facilities, pumps, lift stations,
power generating plants, telephone exchanges, sewage treatment plants, wells, storage tanks, and
related installations which are necessary to the provision of utility service.
Page 412
Retail commercial establishments: Firms engaged in the retail sale of goods and/or services to their
ultimate consumers.
Rooming house: A building where lodging only is provided for compensation to three (3) or more, but
not exceeding twelve (12) persons. A building which accommodates more than twelve (12) persons shall
be defined as a hotel under the terms of this ordinance.
Schools: The term "schools" includes public, private, and parochial institutions of learning.
Screening: The term refers to landscaping and/or architectural barriers which block vision.
Semipublic use: A use maintained as a public service by a private organization.
Service station: Any building[,] structure, or land used primarily for the dispensing, sale or offering for
sale at retail of any automotive fuels, oils, accessories or other sundry items normally sold at service
stations for the traveling public but not including major repair work such as motor overhaul, body and
fender repairs, or spray painting.
Story:That portion of a building included between the surface of any floor and the surface of the floor
next above it, or if there be no floor above it, then the space between the floor and the ceiling next above
it.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
Street, dedicated: A street with its right-of-way which has been given by the owner for public use and
has been accepted by the responsible political entity in which the street is located and is so dedicated
and recorded in the office of the county chancery clerk.
Street line: The right-of-way line of a street.
Structure: Anything constructed or erected with a fixed location on the ground, or attached to
something having a fixed location on the ground. Among other things, structures include buildings, mobile
homes, walls, fences, billboards, and poster panels.
Subdivision: An area of land divided into lots for development by means of an appropriately recorded
legal document.
Townhouse subdivision: The term "townhouse subdivision" shall apply to those developments in
which it is proposed to partition land into individual lots and construct townhouses which may be
individually owned and where the minimum lot sizes shall be as required under R-3, residential district, of
this ordinance.
Trailer, transient: A vehicular portable structure built on a chassis, designed to be used as a
temporary dwelling for travel, recreational, and vacation uses.
Trailer park, transient: A commercial operation where space and service accommodations for
transient trailers are provided for a fee or charge on an overnight and/or basis [sic].
Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will
not be contrary to the public interest and where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary
undue hardship. As used in this ordinance, a variance is authorized only for height, area and size of
structure or size of yards and open spaces. Establishment or expansion of a use not permitted shall not
be allowed by variance.
Yard: A required open space other than a court unoccupied and unobstructed by any structure or
portion of a structure from thirty (30) inches above the general ground level of the graded lot upward,
provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments,
and furniture may be permitted in any yard, subject to the height limitations and requirements limiting
obstruction of visibility.
Yard, front: A yard extending between side lot lines across the front of a lot adjoining a dedicated
street.
Page 413
Yard, rear: A yard extending across the rear of the lot between side lot lines.
Yard, side: A yard extending from a structure to the side lot line, and extending from the rear line of
the front yard to the front line of the rear yard.
Zoning administrator: The city official responsible for administration and enforcement of the city
zoning ordinance.
(Ord. of 2-2-88, Art. II; Ord. of 6-19-90, 1, 2)

ARTICLE III. - ZONING DISTRICTS AND MAP
Section 1. - Establishment of zoning districts.

For purposes of this ordinance, the City of Tupelo is hereby divided into districts, as follows:
Agricultural
A-O general agricultural and open space district.
Residential
R-1 low density residential district.
R-2 medium density residential district.
R-3 high density residential district.
Commercial
B-1 central business district.
B-2 general commercial district.
B-3 neighborhood commercial district.
B-4 highway commercial district.
Manufacturing
I-1 light industrial district.
I-2 heavy industrial district.
Medical
M-1 medical district.
All territory which may hereafter be annexed to the City of Tupelo shall be considered to be in the A-O
general agricultural/open space district until otherwise classified.
(Ord. of 2-2-88, Art. III, 1)

Section 2. - Zoning map.
The location and boundaries of the zoning districts established by this ordinance are bounded and
defined as shown on the map entitled "Zoning Map of Tupelo, Mississippi." Said map shall also be
identified by the signature of the mayor, attested by the city clerk, and the date of adoption of this
Page 414
ordinance. The zoning map of Tupelo and all explanatory matters thereon are hereby adopted and made
a part of this ordinance by reference.
The zoning map shall be kept and maintained by the director of planning and community
development, his assigns and successors, and shall be available for inspection and examination by the
public at all reasonable times.
(Ord. of 2-2-88, Art. III, 2)

Section 3. - Interpretation of zoning boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following
rules shall apply:
3.1 Boundaries shown as following or approximately following streets, highways or alleys shall be
construed to follow the centerlines of such streets, highways or alleys;
3.2 Boundaries shown as following or approximately following railroad lines shall be construed to
follow the right-of-way of said railroad line;
3.3 Boundaries shown as following or approximately following platted lot lines or other property
lines, shall be construed to be said lot lines;
3.4 Boundaries indicated as following or approximately following shorelines shall be construed to
follow such shorelines and in the event of change in the shoreline shall be construed as moving
with the actual shoreline; boundaries indicated as following or approximately following the
centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow
such centerline;
3.5 Boundaries indicated as following or approximately following the city limits of Tupelo shall be
construed as following such city limits;
3.6 Boundaries indicated as parallel to or extension of features indicated in the subsection along
[sic] shall be so construed. Distances not specifically indicated on the zoning map shall be
determined by the scale of the map.
When the application of the aforementioned rules leaves a reasonable doubt as to the boundaries
between two (2) districts, the regulations of the more restrictive district shall govern the entire parcel in
question, unless otherwise determined by the planning committee.
(Ord. of 2-2-88, Art. III, 3)

ARTICLE IV. - ZONING DISTRICT OBJECTIVES, USES AND REGULATIONS
Section 1. - District objectives.

1.1 A-O general agricultural/open space district.
The object of this district is to preserve land areas suitable for eventual urbanization
when the need and availability of community facilities warrant its development and to
govern development of undesirable lands such as floodplains. The types of uses, area and
intensity of development permitted in this district are designed to protect agricultural and
open space uses until urbanization is warranted and appropriate changes in districts can
be made.
1.2 R-1 low density residential district.
Page 415
The objective of this district is to preserve land areas for single dwelling unit structures
and to promote residential areas with low densities. These are intended to be
geographically defined and protected from the encroachment of uses not performing a
function necessary to a residential environment. Certain nonresidential uses which are
more compatible with residential uses may be permitted on review by the board of
aldermen.
1.3 R-2 medium density residential district.
The object of this district is to provide and preserve land areas for single dwelling unit
structures and low density multiple dwelling unit structures, not to exceed two (2) dwelling
units per structure, which will achieve an overall medium density of residential
development. Certain uses which are more compatible with residential uses than with
nonresidential uses are also permitted on review of the board of aldermen. R-2 districts
should be located in areas with good proximity to central community facilities and in areas
where a stable transition from one (1) district or density or development to another is
desirable.
1.4 R-3 high density residential district.
The objective of this district is to promote and encourage the development of
multidwelling unit structures in areas served by facilities and services necessary to result in
efficient, but not overcrowded, high density residential development. Intensities of land
development should be limited to avoid congestion of buildings and traffic and to provide
adequate open space for a healthful and tasteful environment. Nonresidential uses
permitted on review should be limited to those necessary to directly serve residents in high
density residential districts.
1.5 B-1 central business district.
The object of this district is to provide and preserve a central area of intensive
commercial, financial, professional, governmental and cultural activities scaled to
pedestrian needs. Uses which do not require a central location and create hazards in the
performance of centralized functions are discouraged.
1.6 B-2 general commercial district.
The object of this district is to provide and preserve areas for the development of
general, personal and business activities as well as those for general retail and wholesale
business. Uses in these districts should augment those uses permitted in the central
business district and should permit an effective transition from pedestrian oriented to
vehicular oriented activities.
1.7 B-3 neighborhood commercial district.
The object of this district is to encourage unified groupings of retail and personal
service outlets that provide for the daily needs and the convenience of residential
neighborhood residents. It is intended that neighborhood shopping areas be developed as
units with adequate off-street parking, access controls and with appropriate buffers to
protect and preserve surrounding residential development.
1.8 B-4 highway commercial district.
The object of this district is to provide areas for the development of commercial
establishments which cater specifically to motor vehicle needs. It is also the intent of this
district to provide adequate land areas in terms of width and depth to meet the needs of
commercial development where access is dependent on vehicular trade. In certain
instances where the objective of this district can be met, manufacturing activities where
products are sold on the premises only may be permitted. The location and development of
these commercial activities shall be encouraged so as to minimize traffic hazards and
interference with adjacent uses.
Page 416
1.9 I-1 light industrial district.

The objective of this district is to provide areas for the development of light
manufacturing and assembly plants and their related activities. It is also the intent of this
district that noise, odor, dust and glare associated with uses permitted in this district be
confined within buildings so as to minimize the effects upon adjacent development and
uses. It is also the intent of this district that traffic generated by uses permitted, including
raw materials, finished products and employees, be minimal, but that transportation
facilities and routes be easily accessible.
1.10 I-2 heavy industrial district.
The objective of this district is to provide areas which are suitable for manufacturing
uses which might produce objectionable characteristics as part of their normal operational
activities but to minimize such characteristics by requiring performance standards and by
review of manufacturing uses which produce abnormal objectionable characteristics.
1.11 M-1 medical district.
The objective of this district is to provide a centralized location for major medical and
related services, to protect medical related facilities in the area from adverse influences
and to promote the establishment of complementary facilities.
(Ord. of 2-2-88, Art. IV, 1)

Section 2. - District uses.
The following schedule of district uses sets forth the uses allowed in the zoning districts established
in article III, section 1, subject to:
2.1 Compliance with zoning district regulations set forth in section 3 of this article; and
supplementary district regulations found in article V;
2.2 The providing of off-street parking in the amounts shown in the schedule and as provided for in
article V, section 2;
2.3 Compliance with special regulations pertaining to a use as found in the article and section
number(s) listed for such uses in the schedule; and
2.4 Approval of a conditional use in accordance with article IX, section 4, for those uses so
designated by the following schedule.
No use shall be permitted in any zoning district other than those listed for each use in the following
schedule of district uses. In the event a use is proposed which is not listed in said schedule, a
determination based upon district objectives shall be made by the board of aldermen, after
recommendation by the planning committee, as to the appropriate location of said use in any district(s).
SCHEDULE OF DISTRICT USES
;mb=10q;Special Use
Regulations
Use
Article
Section
Districts Allowed
Off-Street
Parking
Requirements
Permitted
Use
Conditional
Use
Page 417
Accessory building
None
None
All
(With or without sale of

products on the
premises)
None
None
A-O, I-1, I-2
Aircraft sales and service
None
1-100 sq. ft. floor

area
I-1
A-O
None
I-1
A-O
Agricultural production
Airports
VI
Ambulance service
None
1-each employee
M-1
Amusement parks
Commercial
None
1-200 sq. ft. lot area
I-1, I-2
Animal hospital and

service
None
1-400 sq. ft. floor

area
B-4, I-1, I-2
Animal hospitalSmall
None
1-400 sq. ft. floor

area
B-2, B-3, B-4
Apparel and accessories

sales (including shoes)
None
1-200 sq. ft. floor

area
B-1, B-2, B-3, B-4
Apparel service (other

than drycleaning,
laundering)
None
1-200 sq. ft. floor

area
B-1, B-2, B-3, B-4
Appliance sales
None
1-300 sq. ft. floor

area
B-1, B-2, B-3, B-4
Appliance service
None
1-300 sq. ft. floor

area
B-1, B-2, B-3, B-4
B-4
Antiques (See Specialty

Shops)
Page 418
Art supplies (See Book)

Auditoriums, arenas,
exhibit halls, art galleries
None
1-each 3 seats
Automobile
Accessories and supplies
None
1-300 sq. ft. floor

area
B-1, B-2, B-4
1-300 sq. ft. floor

area
B-2, B-3, B-4, I-1,

I-2
Repair and service

Minor (service station)
VI
All
Repair and service

Major (body, engine)
None
1-300 sq. ft. floor

area
B-4, I-1, I-2
Sales
None
1-300 sq. ft. floor

area
B-2, B-4
Washing
None
1-300 sq. ft. floor

area
B-2, B-4
Wrecking (See Junkyard)
VI
1-each employee
B-3
I-2
Bakery (See
Manufacturing)
Bank and financial
institutions
None
1-200 sq. ft. floor

area
B-1, B-2, B-3, B4, I-1, I-2
Barber and beauty shops
None
1-100 sq. ft. floor

area
B-1, B-2, B-3, B4, I-1, I-2
BeerSales, package
and carry out
None
1-100 sq. ft. floor

area
B-1, B-2, B-3, B4, I-1, I-2
None
1-300 sq. ft. floor

area
B-1, B-2, B-4
(Consumption on
premises, see Eating and
Drinking Places)
Bicycle sales and service
Page 419
Billboards
None
None
See Sign
Ordinance [Ch.
3, Art. II of this
Code]
Billiard hall
None
1-200 sq. ft. floor

area
B-2, B-4
Blueprinting and similar

reproduction
None
1-200 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Boat and marine

rentalSales, repair and
storage
None
1-400 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Book, stationery and art

supply
None
1-200 sq. ft. floor

area
B-1, B-2, B-3, B-4
Bowling alleys
None
5-each alley
B-2, B-4, I-1,

I-2
Building materials
Retail and wholesale
(excluding lumber yards)
None
1-400 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Bus passenger station
None
1-400 sq. ft. floor

area
B-2, B-4, I-1,

I-2
None
1-200 sq. ft. floor

area
B-2, B-4, I-1,

I-2
None
A-O
Cafe (See Eating and

Drinking Places)
Camera and
photographic sales
Candy manufacturing
and sales (See
Manufacturing)
Cemetery
VI
R-1, R-2
Page 420
Churches, synagogues,
temples and related
activities
None
1-4 seats
All R districts
All B districts
Civic, social and fraternal

organizations
None
1-200 sq. ft. floor

area
B-2, B-3, B-4, I-1,

I-2
None
1-3 seats, plus 1-300

sq. ft. for areas
without seating
B-2, B-4
Auditorium and similar

facilities
None
1-3 seats
Dormitories and similar

facilities
None
1-3 beds
All other facilities
None
1-500 sq. ft. floor

area
Contractor or
construction offices and
shops
None
1-400 sq. ft. floor

area
B-4, I-1, I-2
Cosmetic shops
None
1-200 sq. ft. floor

area
All B districts
All I districts
Dancing schools
None
1-500 sq. ft. floor

area
B-2, B-3, B-4
Delicatessen
None
1-100 sq. ft. floor

area
B-1, B-2, B-3, B-4
CollegeBusiness
I-1
Colleges and universities

A-O, R-2,
R-3
Dairy products (See

Manufacturing)
Dental service (See

Medical Service)
Page 421
Department stores
Drive-in theater
None
VI
1-200 sq. ft. floor

area
B-1, B-2, B-4
See Special
Regulations
I-1, I-2
B-4
Drycleaning (See
Laundering)
Drug storeRetail
None
1-100 sq. ft. floor

area
B-1, B-2, B-3, M1
Dry goods and notions

Retail
None
1-200 sq. ft. floor

area
B-1, B-2, B-3, B4, I-1
None
1-100 sq. ft. floor

area
B-1, B-2, B-4
Employment service
None
1-300 sq. ft. floor

area
B-1, B-2, B-4, I-1,

I-2
ExterminatorPest
None
1-400 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Factory outlets
None
1-200 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Farm equipmentSales,
service and repair
None
1-400 sq. ft. floor

area
B-4, I-1, I-2
Farm supplies
None
1-400 sq. ft. floor
B-2, B-4, I-1,
Dwelling (See
Residential)
Eating and drinking
places
Electrical supply and
service (See Building
Supply and Service)
Fabric (See Dry Goods)
Page 422
area
I-2
Floor covering (See

Home Furnishings)
Florists
None
1-200 sq. ft. floor

area
B-1, B-2, B-3, B4, I-1
Food storesRetail
None
1-100 sq. ft. floor

area
All B districts
All I districts
Freight depotsTruck
and rail
None
1-1,000 sq. ft. floor

area
B-4, I-1, I-2
Funeral homes and

mortuaries
None
1-3 seats in chapel
B-2, B-4, I-1,

I-2
None
1 space
R-2, R-3, B-2
None
1-each employee
9 or 18 hole
None
1-500 sq. ft. floor

area
A-O
Miniature
None
1-500 sq. ft. floor

area
A-O
Driving range
None
1-500 sq. ft. floor

area
A-O
Furniture (See Home

Furnishings)
GarageRepair (See
Automobile)
Garage apartment
Gasoline service station
(See Automobile)
Gasoline storage
I-1, I-2
Golf course
R-1
Page 423
Indoor miniature
None
1-200 sq. ft. floor

area
B-2, B-4
HardwareGeneral
retail
None
1-200 sq. ft. floor

area
B-1, B-2,
B-4, I-1, I-2
Health center
None
1-400 sq. ft. floor

area
B-1, B-2,
B-3, M-1
Heating and plumbing

sales and service
None
1-200 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Home business
VI
B-3
A-O,
All R
districts
As approved
A-O, R-1,
R-2, R-3
Home occupations
See Definitions
Hospitals and clinics

(excluding animal)
None
1-3 beds, plus 1-each

employee
B-2, M-1
Hotels
None
1-2 rooms
B-2, B-4,
M-1
Household furnishings
None
1-300 sq. ft. floor

area
B-1, B-2,
B-4, I-1, I-2
None
1-200 sq. ft. floor

area
B-1, B-2,
B-3, B-4
Ice manufacture sales

(See Manufacturing)
Jewelry storesSales
and service
Junkyards (including
salvage and scrap metal)
VI
1-500 sq. ft. floor

area
I-2
Laundering and drycleaning
Page 424
Plant
None
1-each employee
I-1, I-2
Pick-up
None
1-200 sq. ft. floor

area
All B and I
districts
Self-service
None
1-200 sq. ft. floor

area
B-2, B-3,
B-4, I-1, I-2
Libraries
None
1-200 sq. ft. floor

area
B-1, B-2,
B-3, B-4
Liquor sales
None
1-100 sq. ft. floor

area
All B districts
All I districts
1-2,000 sq. ft. gross

yard area
I-1, I-2
I-1, I-2
Leather goods (See

Specialty Shops)
Lumberyards (no millwork)
VI
Lumberyards and millwork
None
1-each employee,
plus
1-500 sq. ft. floor
area
Machinery sales, service

and rental
None
1-400 sq. ft. floor

area
B-4, I-1, I-2
Mail order agency
None
1-200 sq. ft. floor

area
B-1, B-2,
B-4, I-1, I-2
A and B
None
1-1 employee, plus

1-500 sq. ft. office
area
I-1, I-2
I-2
None
Same as A and B
R-1, R-2, R3
B-2, B-4
Manufacturing group
(See Definition)
Page 425
I-2
All districts
None
Same as A and B
Manufactured buildings
used for nonresidential
purposes
None
Dependent on use
Mental homes,
sanitariums, rest homes
None
1-each 3 beds
A-O, M-1
R-1, R-2, R3
Mini-warehouses
None
1-100 sq. ft. office

area
B-2, B-4, I-1,

I-2
B-3
Mobile homes
None
1-each mobile home
Mobile home
park
Medical service (See

Hospitals, Clinics and
Offices)
Mobile home parks
VI
1-each mobile home
A-O, I-1
Mobile home sales
None
1-2,000 sq. ft. lot

area
B-4, I-1, I-2
Monument sales
None
1-1,000 sq. ft. lot

area
B-4, I-1, I-2
Motion picture theater

(excluding drive-in)
None
1-each 5 seats
B-1, B-2, B-4, I-1
Motels
None
1-each guest room
B-2, B-4
Motorcycle sales and

service
None
1-300 sq. ft. floor

area
B-2, B-4, I-1,

I-2
None
1-each employee,
plus
area
B-4, I-1, I-2
Moving service
M-1
Page 426
Musical instruments and

supplies
None
1-300 sq. ft. floor

area
B-1, B-2, B-4, I-1,

I-2
None
1-each employee,
plus
1-500 sq. ft. floor
area
I-1, I-2
NurseriesPlants
None
1-300 sq. ft. floor

area
A-O, B-4, I-1, I-2
Nursery school, day care

center
None
1-1 employee
B-2, B-3, B-4, I-1
Nursing home
None
1-3 beds
A-O, R-1, R-2, R3
Professional other than

medical
None
1-300 sq. ft.
B-1, B-2, B-3, B-4
ProfessionMedical
None
1-200 sq. ft. floor

area
B-1, B-2. B-3, B4, M-1
Business services
None
1-300 sq. ft.
B-1, B-2, B-3, B-4
Governmental
None
1-300 sq. ft.
B-1, B-2, B-3, B-4
All other
None
1-300 sq. ft. floor

area
B-1, B-2, B-3, B-4
Office equipment and

supply
None
1-200 sq. ft. floor

area
B-1, B-2, B-4, I-1,

I-2
Optical sales and service
None
1-200 sq. ft. floor

area
B-1, B-2, B-4
Newspaper publishing,
printing and distribution
Nightclub (See Eating

and Drinking Places)
R-2, R-3,
M-1
Office
Page 427
Parks
None
None
All districts
Photography studios
None
1-200 sq. ft. floor

area
All B districts
All I districts
Plumbing supplies and

service
None
1-400 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Post office
None
1-200 sq. ft. floor

area
All B districts
All I districts
Public building and uses

not specifically listed
herein
None
To be determined
Radio and T.V.

broadcasting studios
None
1-200 sq. ft. floor

area
Radio and T.V.

transmitter and tower
None
None
Radio and T.V. sales and

service
None
1-200 sq. ft. floor

area
All B districts
All I districts
Railroad freight station
None
1-500 sq. ft. floor

area
I-1, I-2
B-2
Railroad passenger
station
None
1-400 sq. ft. floor

area
I-1, I-2
B-2
Printing (See
Manufacturing)
All districts
All B districts
All I districts
All districts
Residential
Accessory to business
Single dwelling unit per
structure
None
None
1-each unit
B-1
A-O, R-1, R-2, R3
I-1, I-2
Page 428
Two dwelling units per

structure
None
1-each unit
R-2, R-3
Three or more dwelling

units per structure
None
3-each 2 units
R-3
None
1-200 sq. ft. floor

area
B-4, I-1, I-2
Elementary
None
1-1 employees
R-1, R-2, R3
Junior high
None
1-1 employees
R-1, R-2, R3
Senior high
None
1-500 sq. ft. floor

area
R-1, R-2, R3
None
1-200 sq. ft. floor

area
B-3, B-4
B-2, B-4,
I-1, I-2
Restaurant (See Eating

and Drinking Places)
Roller skating rink
SchoolsCommercial or
trade
Public or semipublic
Shoe repair (See Apparel

Service)
Shopping center
SignsAccessory to Use
None
None
See Sign
Ordinance [Ch.
3, Art. II of this
Code]
Specialty goods shops

(antiques, furs, leather
goods)
None
1-200 sq. ft. floor

area
All B districts
All I districts
B-1, B-2
Page 429
Sporting goods
Swimming pools
None
VI
1-200 sq. ft. floor

area
B-1, B-2, B-4, I-1,

I-2
None
All districts
Television (See Radio)
TiresSales and service
None
1-200 sq. ft. floor

area
B-1, B-2, B-4, I-1,

I-2
TiresRecapping
None
1-500 sq. ft. floor

area
B-4, I-1, I-2
TruckSales and rental
None
1-400 sq. ft. floor

area
B-2, B-4, I-1,

I-2
Truck service
None
1-200 sq. ft. floor

area
B-2, I-1, I-2
Truck depot
None
1-each 1
employees
I-1, I-2
None
1-each 1 employee
All districts
None

area
I-1, I-2
None
1-200 sq. ft. floor

area
I-1, I-2
University (See Colleges

and Universities)
UtilitiesBuildings,
substations, pumping
stations, etc.
Veterinary services (See
Animal Hospital)
Warehousing
Wholesale
With storage
Page 430
Without storage
1-200 sq. ft. floor

area
None
B-2, B-4
(Ord. of 2-2-88, Art. IV, 2; Ord. of 7-19-88(2), 1; Ord. of 6-20-89(1); Ord. of 9-5-89(1), 1;
Ord. of 1-16-90, 1; Ord. of 6-19-90, 3; Ord. of 4-21-92, 1)
Section 3. - District regulations.
[3.1] A-O agricultural/open space district.
A.
Minimum lot requirements
B.
Area
1 Acre
Area per dwelling unit
1 Acre
Width at building line
200 feet
Lot coverage.
Five (5) percent of the total lot area.
Uses permitted on appeal shall not cover more than twenty-five (25) percent of the total lot area.
C.
Minimum yard requirements.
D.
Front
50 feet
Side
25 feet
Street side yard
50 feet
Rear
50 feet
Maximum building height.

35 feet or two and one-half (2) stories.
E.
Off street parkingLoading and unloading.
Page 431
F.
Other requirements.
Each lot shall abut on a public street for a distance of not less than fifty (50) feet.
[3.2] R-1 low density residential district.
A.
Minimum lot requirements.

Area
12,500 sq. ft.
Width as measured at the minimum building setback line from the public street
90 ft.
B.
Maximum lot coverage.

Thirty (30) percent of the total lot area.
C.
D.
Front
35 ft.
Side
15 ft.
Side for dwelling of more than one (1) story
17 ft.
Street side yard
35 ft.
Rear yard
30 ft.

Forty-two (42) feet or three (3) stories.
[3.3] R-2 medium density residential district.
A.

Area
10,500 sq. ft.
Area per dwelling
10,500 sq. ft.
Width as measured at the minimum building setback line from the public street
Single-family
80 ft.
Page 432
Two-family
B.
100 ft.

C.
D.
Front
30 ft.
Side
12 ft.
Side for dwelling of more than one (1) story
14 ft.
Street side yard
30 ft.
Rear yard
25 ft.

Thirty-five (35) feet or two and one-half (2) stories.
E.
Off-street parking.
As required in section 2 of this article and article V, section 2.
F.
G.
Other requirements.
1.
Each lot shall abut on a public street for a distance of not less than twenty-five (25) feet.
2.
Permitted nonresidential uses shall have a minimal lot size of thirty thousand (30,000)
square feet and shall be set back from all lot lines for a distance of not less than thirty (30)
feet.
Special exemptions.
1.
In the event a duplex is sold to separate individuals, a twelve-foot side yard restriction and
a minimum width at building line may be waived so that the property line runs along the
party wall between the two (2) units, and continues on the extremities of the property. This,
in essence, establishes a zero-lot line on one (1) side of each unit.
2.
At the time of the construction of the duplex, the lot and duplex must meet all of the
prescribed restrictions presently in the zoning ordinance for that zone, (R-2). After the
surveyance and each division of the duplex and lot, each lot must contain no less than five
thousand (5,000) square feet.
3.
In the event the property lines do not extend to the extremities of the lot, a home
association must be formed and approved by the city for the responsibilities, control and
Page 433
maintenance of the open space (yards, driveways, clubhouses, etc.), owned in common by
the residents.
[3.4] R-3 high density residential district.
A. Minimum lot requirements.

Area
Single dwelling unit
structure
7,500 sq. ft.
Multidwelling unit
structures
10,500 sq. ft.
Area per dwelling unit

structure
Multidwelling unit
structures up to
units
Each additional
7,500 sq. ft.
four (4) dwelling
dwelling unit
2,500 sq. ft.

per dwelling unit
1,600 sq. ft. per dwelling
unit
B.
structure
75 feet
Multidwelling unit
structures
100 feet

C.
Front
25 feet
Side
10 feet
Page 434
D.
Street side yard
25 feet
Rear yard
25 feet

Forty-five (45) feet or three (3) stories accessory use building fifteen (15) feet in height.
E.
Off-street parking.
F.
G.
Other requirements.
1.
Each lot shall abut on a public street for a distance of not less than twenty-five (25) feet.
2.
Permitted nonresidential uses shall have a minimum lot size of thirty thousand (30,000)
square feet and shall be set back from all lot lines for a distance of not less than thirty (30)
feet.
3.
More than one (1) multidwelling unit structure may be erected on the same lot provided
there shall be a minimum distance of twenty (20) feet between principal buildings.
4.
All proposed apartment complexes consisting of six (6) or more dwelling units, whether
constructed at one (1) time or in phases of less than six (6), shall require approval of the
board of aldermen after recommendation by the planning committee. Said approval shall
be granted only after the board has determined that the proposed apartments comply with
the Tupelo Multi-Family Structures Ordinance, this zoning ordinance and all other
applicable laws.
Special exceptions.
1.
In the event each unit of a townhouse or single-floor apartment complex is sold to separate
owners, the ten-foot side yard restriction and a minimum width building line may be waived
so that each property line will run along the party wall between each of the units. This
establishes a zero-lot line on both sides for all interior units, and a zero-lot line on the
interior side and a ten-foot setback on the outside for all end-units.
2.
During construction, the complex and lot must conform to all of the restrictions in the
zoning ordinance for zone (R-3). After the surveyance and division of the units and lots,
each lot must contain no less than two thousand five hundred (2,500) square feet per
dwelling unit up to four (4) units and one thousand six hundred (1,600) square feet per
each additional unit.
3.
In the event the property lines do not extend to the extremities of the lot, a home
association must be formed and approved by the city for the responsibility, control and
maintenance of the open space.
[3.5] B-1 central business district.

None
Page 435
B. Maximum lot coverage.

None
C. Minimum yard requirements.
D.
Front
10 feet
Side
None
Street side yard
10 feet
Rear
20 feet

Ninety-one (91) feet or seven (7) stories.
E.
Off-street parking.
F.
Off-street loading and unloading.

As required in article V, section 3.
G.
Other requirements.
1.
Rear yard requirements shall be waived if a lot abuts on an alley and if loading and
unloading facilities are provided.
2.
Any alteration or substantial improvement (including painting) to the facade of any structure
located within this district shall be done in such a manner as to comply with the
revitalization plan prepared for the central business district. Any deviation from this plan will
have to be approved by the planning committee of the City of Tupelo before a permit shall
be issued.
[3.6] B-2 general commercial district.

A.

None.
B.

Seventy-five (75) percent of the total lot area.

Front
25 feet
Page 436
D.
Side
None
Street side yard
25 feet
Rear
20 feet

Forty-five (45) feet or three (3) stories.
E.
Off-street parking.
F.

G.
Other requirements.
1.
A side yard of ten (10) feet shall be required where a side yard abuts a residential district.
2.
Rear yard requirements shall be waived if a lot abuts an alley and if loading and unloading
facilities are provided.
[3.7] B-3 neighborhood commercial district.
B.
Area
5,000 sq. ft.
Width
50 feet

Thirty-five (35) percent of the total lot area.

Front
40 feet
Side
None
Street side yard
40 feet
Page 437
Rear
D.
20 feet

Thirty-five (35) feet or two and one-half (2) stories.
E.
Off-street parking.
F.

G.
Other requirements.
1.
A side yard of twenty-five (25) feet shall be required where a side yard abuts a residential
district.
2.
A rear yard of thirty (30) feet shall be required where a rear yard abuts a residential district.
[3.8] B-4 highway commercial district.
B.
Area
15,000 sq. ft.
75 feet

D.
Front
40 feet
Side
15 feet
Street side yard
40 feet
Rear
20 feet
Page 438
Thirty-five (35) feet or three (3) stories.

E.
Off-street parking.
F.

G.
Other requirements.
1.
A side yard of fifty (50) feet shall be required when a side yard abuts a residential district.
2.
A rear yard of fifty (50) feet shall be required where a rear yard abuts a residential district.
[3.9] I-1 general manufacturing district.

Area
1 acre
200 feet
B. Maximum lot coverage.

Fifty (50) percent of the total lot area
D.
Front
40 feet
Side
30 feet
Street side yard
40 feet
Rear
25 feet

E.
Off-street parking.
F.

G.
Other requirements.
Page 439
1.
[3.10]
A side yard of fifty (50) feet shall be required where a side yard abuts a residential district.
I-2 heavy manufacturing district.
B.
Area
1 acre
200 feet

Fifty (50) percent of the total lot area.
D.
Front
50 feet
Side
25 feet
Street side yard
50 feet
Rear
50 feet

E.
Off-street parking.
F.

G.
Other requirements.
A side yard of fifty (50) feet shall be required where a side yard abuts a residential district.
[3.11]
M-1 medical district

Area
7,000 sq. ft.
Page 440
B.
75 feet

Forty (40) percent of the total lot area.
C.
D.
Front
20 feet
Side
10 feet
Street side yard
20 feet
Rear
25 feet

Eight (8) stories.
E.
Off-street parking.
F.

G.
Other requirements.
The side yard for buildings over two (2) stories shall increase one (1) foot for every two (2) feet
of additional height.
(Ord. of 2-2-88, Art. IV, 3; Ord. of 2-20-90, 2, 3)

ARTICLE V. - SUPPLEMENTARY DISTRICT REGULATIONS
Section 1. - Corner visibility.

On a corner lot in any zoning district except the B-1 central business district, nothing shall be
erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a
height of two and one-half (2) and ten (10) feet above the centerline grades of the intersecting streets in
the area bounded by the street lines of such corner lots and a line joining points along said street lines
fifty (50) feet from the point of the intersection.
(Ord. of 2-2-88, Art. V, 1)

Page 441
Section 2. - Off-street parking.

2.1 In all zoning districts, there shall be provided at the time any permitted use is established, enlarged
or increased in capacity, off-street parking spaces for automobiles in accordance with the schedule
set forth in article IV, section 2, and as set forth herein.
2.11 For the purpose of applying the off-street parking requirements set forth in article IV, section 2,
"floor area" is defined as the gross floor area used or intended to be used by the public and for
the purchase of goods and services and shall include areas occupied by fixtures and equipment
for display or sale of merchandise. "Lot area" is defined as the area or portion of a lot actually
used for display or sale of goods and services to the public.
2.12 For uses not specifically mentioned in the schedule, off-street parking requirements will be
interpreted by the Tupelo Planning Committee.
2.13 Joint off-street parking facilities for two (2) or more uses may be established so long as the
required number of off-street parking spaces shall not be equal to less than the sum of the
requirements for the individual uses computed separately.
2.14 Fractional off-street parking space requirements shall be counted as a whole space if the
fraction is greater than one-half (frax;1;2;).
2.15 Off-street parking areas shall not be considered as loading or unloading areas. No off-street
parking facility in existence at the effective date of these regulations shall be reduced to an
amount less than required for a similar use.
Establishment of off-street parking.
2.2 Wherever off-street parking is required for the development of a lot, it shall be established and
maintained as follows:
2.21 Each off-street parking space shall consist of a designated and defined area of at least ten (10)
feet in width and twenty (20) feet in length exclusive of access drives and aisles.
2.22 Except for lots devoted to single and two (2) dwelling units per structure uses, all areas
established for off-street parking shall be designed and be of such size that no vehicle is
required to back into a public street to obtain egress.
2.23 All areas devoted to off-street parking shall have clearly defined access drives of ingress and
egress not to exceed thirty-five (35) feet.
2.24 All areas devoted to permanent off-street parking shall be of a hard surface or in such a manner
that no dust will result from continuous use. Each off-street parking space shall be clearly
marked or otherwise defined.
2.25 No off-street parking space shall extend beyond any lot line and where an off-street parking
space abuts a residential lot line, a setback line of five (5) feet shall be established.
(Ord. of 2-2-88, Art. V, 2)

Section 3. - Off-street loading and unloading.
In all zoning districts where permitted uses require the receipt or distribution of materials or
merchandise by truck or similar vehicle, off-street loading and unloading space shall be provided for such
uses. Such requirements will apply to new structures or that portion of existing structures which are
altered or expanded after the effective [date] of these regulations.
Requirements for off-street loading and unloading space.
3.1 One (1) space shall be required for the first twenty thousand (20,000) square feet of floor area
plus one (1) additional space for each twenty thousand (20,000) square feet of floor area up to
Page 442
one hundred thousand (100,000) square feet and one (1) space for each additional forty
thousand (40,000) square feet thereafter.
3.2 The minimum size of an off-street loading and unloading space shall be ten (10) feet by fifty (50)
feet exclusive of driveway and maneuvering space.
3.3 No street or alley shall be considered as part of the off-street loading or unloading
[requirement].
3.4 All areas for loading and unloading shall be so designed and located to permit traffic to exit
facing a street or alley.
3.5 Off-street loading and unloading spaces may occupy all or any part of any required yard area.
(Ord. of 2-2-88, Art. V, 3)

Section 4. - Access to streets.
The following regulations shall govern ingress and egress to all lots in all zoned districts.
4.1 A point of access, i.e. driveway, curb-cut, entrance or exit point shall not exceed twenty-five (25)
feet in width on lots for residential uses and thirty-five (35) feet in width on lots for other than
residential uses, provided the point of access does not exceed fifty (50) percent of the frontage
on the street.
4.2 The number of access points for each lot shall be governed by the width of lot frontage as
follows:
Less than 75
feet
1 access point
75200 feet
2 access points
More than 200 2 access points plus 1 additional access point for each additional 100 feet of frontage
feet
in excess of 200 feet.
4.3 No two (2) access points on the same lot frontage shall be closer than twenty-five (25) feet from
their nearest edges.
4.4 No access point shall be located closer to any street intersection than twenty (20) feet
measured from its nearest edge to the curb radius tangent point or property line radius point.
4.5 On lots other than residential, no access point shall be located closer to any side lot line than
twenty (20) feet, however, the distance may be reduced with the approval of the director of [the]
water and light department and the director of public works provided there will be no
interferences, as determined by the directors, with light poles, fire hydrants, meter boxes and
other utilities.
Where access to a state or federal highway is controlled by regulations other than those stated herein,
said state or federal rules and regulations shall prevail.
(Ord. of 2-2-88, Art. V, 4.5)
Page 443
Section 5. - Accessory buildings.

An accessory building may be erected either attached or unattached to a principal building on the
same lot. An attached accessory building shall be considered a part of the principal build [building] and
shall comply with the requirements of the district in which it is located.
An unattached accessory building in any residential"R" district shall be located in the rear yard of the
principal building but shall not: Occupy more than thirty (30) percent of the area of the required rear yard;
be located closer than fifteen (15) feet to the principal building on the same lot or any principal building on
an adjoining lot; be located closer than five (5) feet from any rear or interior side lot line; project into any
required front or street side yard.
Unattached accessory buildings in all other districts may be located in rear or side yards of principal
buildings but shall not be located in any required side or rear yard nor within ten (10) feet of any structure.
(Ord. of 2-2-88, Art. V, 5)

Section 6. - More than one principal building on a lot.
In R-1 and R-2 districts there shall be no more than one (1) principal building on each lot of record. If
a person desires to place more than one (1) principal building on an R-1 or R-2 lot of record, said lot shall
first be subdivided in accordance with the Tupelo subdivision regulations. In all other districts, more than
one (1) structure housing a permitted principal use may be erected on a single lot provided that yard and
other requirements of this ordinance shall be met for each structure as though it were an individual lot.
These provisions shall not apply to multifamily dwelling unit structures in R-3 districts, or shopping centers
approved by the board of aldermen.
(Ord. of 2-2-88, Art. V, 6; Ord. of 2-20-90, 1)

Section 7. - Storage of certain vehicles and equipment.
The storage of certain vehicles and equipment (defined as automobiles without current license
plates, camping or travel trailers and boats and boat motors) is prohibited in residential districts for time
periods in excess of twenty-four (24) hours unless such vehicles and equipment are stored in a carport or
enclosed building.
(Ord. of 2-2-88, Art. V, 7)

Section 8. - Public improvements according to major thoroughfare plan required.
8.1 In the event (a) any person (the "applicant") desires to build a new building, other than an
accessory building or to construct any nonresidential subdivision development or to move an existing
building, on real property in any commercial, industrial or medical district located adjacent to a street
designated as a major thoroughfare in the Tupelo Major Thoroughfare Program (the "thoroughfare plan"),
or which real property has access over and across real property which is adjacent to a designated major
thoroughfare from which the real property to be developed or subdivided (collectively, the "real property"),
and (b) such building or development shall require one hundred fifty (150) or more off street parking
places according to article IV, section 2 hereof, then the applicant shall participate in the improvement
and widening of the designated thoroughfare along the entire frontage of the real property abutting and
adjacent to said designated thoroughfare as provided in this section 8, excluding any street, or relevant
portion thereof, for which the improvement or widening to major thoroughfare standards was completed
prior to November 15, 1991. Said participation by the applicant shall be a condition precedent to the
issuance of a building permit, and no building permit shall issue on or after November 15, 1991 unless the
applicant has complied with this section 8.
Page 444
8.2 In the event any person (the "applicant") desires to build a multi-family dwelling on real property
or development real property into four (4) or more lots as regulated by the Tupelo Subdivision
Regulations, which real property is located adjacent to a street designated as a major thoroughfare or
collector street in the thoroughfare plan, on both sides thereof, or in the path of a proposed major
thoroughfare or collector street, or which real property has access over and across real property which is
adjacent to a designated major thoroughfare or collector street from which the real property to be
developed was subdivided (collectively, the "real property"), then the applicant shall participate in the
construction, improvement and/or widening of the designated major thoroughfare or collector street along
the entire frontage of the real property abutting and adjacent to said street, including both sides of said
street where applicable, as provided in this section 8, excluding any major thoroughfare or collector
street, or relevant portion thereof, for which the construction, improvement or widening was completed
prior to November 15, 1991. Said participation by applicant shall be a condition precedent to the issuance
of a building permit for a multi-family dwelling and to the approval of any subdivision plat for recording,
and no such building permit nor plat recording approval shall issue on or after November 15, 1991, unless
the applicant has complied with this section 8.
8.3 For the purposes of this section 8, "participate" and "participation" shall mean constructing,
improving and widening the portion of the street abutting and adjacent to the real property to major
thoroughfare or collector street standards, as applicable, as provided in the thoroughfare plan, including
excavation, preparation, materials, labor, fees, engineering, curbs and curb cuts, gutters, stormdrain
piping, sidewalks, and obtaining right-of-way and easements, or the costs of all of the foregoing, as
applicable.
8.4 If the construction, improvement and widening to the street adjacent to the real property have not
been made, the applicant shall be required to participate in one of the following manners, which the
applicant shall choose and declare:
8.41 Prior to the issuance of the building permit, the applicant may construct the improvements and
widening to thoroughfare plan standards, and the building permit shall be issued upon final
inspection approval by the city.
8.42 The applicant may execute an agreement providing for the construction, improvement and
widening contemporaneously with the construction of the building or development, secured with
a performance bond satisfactory in form and content to the city and sufficient in amount to cover
the costs of the participation. No building permit shall be valid until said agreement and
performance bond are executed and received, and the building permit will remain conditioned
upon full performance.
8.43 Applicant may petition the city for the improvement and widening pursuant to a special
assessment tax placed on the real property, according to law, and the building permit shall
issue when the special assessment has been adopted by the city and there is a binding
commitment to the improvement and the tax. Nothing in this section shall obligate the city to
adopt the special assessment method. If applicant's petition is denied or is not acted upon, the
applicant will be required to pursue one of the other options in this section.
8.44 For applicants for residential developments or multi-family dwellings required to participate
under section 8.2 only, city, at its option, may construct, improve or widen the street to the
standards established in this thoroughfare plan upon receipt from applicant of an amount equal
to the cost of the construction, improvement or widening of the street to minor street standards
only, or a secured agreement for such amount, using the formula set forth in section 8.5.
8.5 In the event the construction, improvement and widening to the street abutting and adjacent to
the real property has commenced on or after November 15, 1991, the applicant shall pay to the city the
actual cost of constructing, improving and widening the street abutting and adjacent to the real property,
including all costs listed in section 8.3 hereof. Interest and administrative costs shall not be included in the
costs of participation. The costs shall be calculated and paid based on the actual cost of each contract for
street improvements, reduced by any components not connected to street construction, improvement and
widening, divided by the linear footage of street improved under the contract, multiplied by one-half
(unless the applicant owns or controls the real property on both sides of the street), and then multiplied by
Page 445
the linear front footage of the real property. As city's discretion, the cost may be reduced equitably for any
grants or state or federal funding received which were used on that particular street on a fair and pro rata
basis. The calculation also may be expressed by the following formula:
Total Participation Cost Assessed
Adjusted
Contract
Cost
Total Linear Footage of Street Improved
of
Street
Widening
and
Improvement
(exclude this function if applicant owns or controls both sides of the street)
Linear Frontage of Improved Street Fronting Applicant's Real Property
8.6 In the event any applicant is aggrieved by the amount of participation or other provisions hereof,
the applicant may appeal to the mayor and board of aldermen by submitting a concise statement of
position, together with, at applicant's expense, traffic studies, engineering reports, and appraisals which
establish (a) that the building or development will not substantially increase traffic and (b) that the
construction, improvement and widening of the street will not enhance the value of the real property. The
applicant will receive reasonable notice of a public hearing and shall have an opportunity to present
evidence, after which the mayor and board of aldermen may affirm the amount of the participation or may
find and determine that the building or development will not increase traffic congestion and that the
construction, improvement and widening of the street will not enhance the value of the real property, and
in the latter case, reasonable, equitable adjustments may be made to the amount of the participation.
8.7 No building permit shall issue for real property located abutting or adjacent to designated or
proposed major thoroughfares and collector streets unless the setbacks have been calculated from the
proposed right-of-way as contemplated by the thoroughfare plan, nor shall any buildings or
encroachments be made on the proposed rights-of-way, unless a majority of the board of aldermen shall
vote in favor of issuing the building permit.
(Ord. of 10-15-91, 1)
ARTICLE VI. - SUPPLEMENTARY USE REGULATIONS
Section 1. - Airports.
Proposed airports shall be so located and of sufficient size to meet Federal Aviation Agency
requirements and not constitute a nuisance to surrounding uses.
(Ord. of 2-2-88, Art. VI, 1)

Section 2. - Automobile wrecking and junkyards.
2.1 Location: No operation shall be located nearer than three hundred (300) feet from an established
residential district.
2.2 Screening:All outdoor storage of salvage and wrecking operations shall be conducted within an
enclosed solid fence or wall, not less than six (6) feet in height, not more than ten (10) feet in height.
Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained
in good condition.
2.3 Storage of materials: The storage of salvaged or junk materials shall not exceed six (6) feet in height.
(Ord. of 2-2-88, Art. VI, 2)
Page 446
Section 3. - Cemetery.
3.1 Location: All cemeteries hereafter established shall have direct access to major thoroughfares with
ingress and egress so designed to minimize traffic congestion.
3.2 Size:Any new cemetery shall be located on a site containing not less than ten (10) acres. Structure
setback shall conform to the district regulations in which the site is located. All grass or burial lots
shall be set back not less than twenty-five (25) feet from any lot line.
(Ord. of 2-2-88, Art. VI, 3)

Section 4. - Home businesses.
Home businesses in those districts where permitted shall be subject to the following conditions:
4.1 A conditional use must be secured in accordance with article IX, section 4, of this ordinance.
4.2 The home business shall be operated as a home occupation as defined in article II of this
ordinance, except that additional activities are allowed as specified below:
(a) A sign required by state or federal law in the conduct of the business shall be allowed,
provided such sign does not exceed two (2) square feet in size and is mounted flat on the
wall or window of the building.
(b) Customers are allowed on the premises of the home business, but not more than five (5)
per day. An adequate number of parking spaces for said customers, as approved by the
city, shall be provided. This shall be in the form of a double driveway or other
arrangements in character with the surrounding residential area.
(c) The making of crafts and other similar activities, as approved by the city, may be approved
in an accessory building.
(Ord. of 2-2-88, Art. VI, 4)

Section 5. - Drive-in theater.
5.1 Location: The site must have direct access to a major thoroughfare with ingress and egress
separated and marked to minimize traffic congestion.
5.2 Site:The theater screen shall not be visible from any public street within one thousand five hundred
(1,500) feet. Automobiles parked in the viewing area shall be effectively screened on all sides by a
wall, fence or densely planted evergreen hedge of not less than six (6) feet in height. All setbacks in
the zone in which the use is permitted shall apply to all main or accessory structures.
5.3 Admission waiting space: Off-street admission waiting space for patrons shall be equal to twenty (20)
percent of the capacity of the theater.
5.4 Other requirements: The sale of refreshments and play area [sic] shall be limited to the use of
patrons of the theater. No central loudspeaker system is permitted. All parking and access way[s]
shall be adequately lighted; however, all lighting shall be shielded to prevent glare or reflection onto
a public street or adjoining property.
(Ord. of 2-2-88, Art. VI, 5)

Section 6. - Swimming pool.
The following regulations shall apply to swimming pools:
Page 447
6.1 Swimming pools established in any permitted zoning district shall not be located closer to any
lot line than ten (10) feet, and noncommercial pools shall be enclosed by a fence or wall to
prevent uncontrolled access.
6.2 Private swimming pools may be established in residential zoning districts provided they are to
be used solely by the occupants of the property on which it is located and their guests and that
no part of the swimming pool extends into any required front or side yard.
(Ord. of 2-2-88, Art. VI, 6)

Section 7. - Gasoline service stations.
The following regulations shall apply to all gasoline service stations:
7.1 There shall be a building setback from all street right-of-way lines a distance of not less than
fifty (50) feet. Other yard setbacks shall conform to the zone in which the station is located.
7.2 Gasoline pump islands shall not be located closer than fifteen (15) feet to any street right-of-way
line; however, when pump islands are constructed perpendicular to the pavement edge, the
pump island shall be located not less than thirty (30) feet from the right-of-way lines.
7.3 Canopies shall not be constructed closer than fifteen (15) feet from any street right-of-way. This
shall apply to both attached [and] detached canopy structures.
(Ord. of 2-2-88, Art. VI, 7)

Section 8. - Lumberyards (no millwork).
When lumberyards (no millwork) are to be located in any allowed zone other than an industrial zone,
they shall be in conjunction with and subordinate to an allowed building materials-retail and wholesale
business. This building materials business and lumberyard shall be located on the same parcel of land.
(Ord. of 6-19-90, 4)
ARTICLE VII. - NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING
STRUCTURES, NONCONFORMING USES OF STRUCTURES AND PREMISES, AND NONCONFORMING
CHARACTERISTICS OF USE
Section 1. - Intent.
Within the districts established by this ordinance or amendments that may later be adopted, there
exists [exist:]
(a) Lots,
(b) Structures,
(c) Uses of land and structures, and
(d) Characteristics of use.
which were lawful before this ordinance was passed or amended, but which would be prohibited,
regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this
ordinance to permit these nonconformities to continue until they are removed, but not to encourage their
survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon,
Page 448
expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere
in the same district.
Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the
districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming
use of structure and land in combination shall not be extended or enlarged after passage of this
ordinance by attachment on a building or premises of additional signs intended to be seen from off the
premises, or by the addition of other uses, of a nature which would be prohibited generally in the district
involved.
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans,
construction, or designated use of any building on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this ordinance and upon which actual building
construction has been carried on diligently. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent manner. Where excavation or
demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such
excavation or demolition or removal shall be deemed to be actual construction, provided that work shall
be carried on diligently.
(Ord. of 2-2-88, Art. VII, 1)

Section 2. - Nonconforming lots of record.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary
accessory buildings may be erected on any single lot of record at the effective date of adoption or
amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance.
Such lot must be in separate ownership and not of continuous frontage with other lots in the same
ownership. This provision shall apply even though such lot fails to meet the requirements for area or
width, or both, that are generally applicable in the district, provided that yard dimensions and
requirements other than these applying to area or width, or both, of the lot shall be obtained only through
action of the board of aldermen.
If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single
ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the
lots do not meet the requirements established for lot width and area, the lands involved shall be
considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel
shall be used or sold in a manner which diminishes compliance with lot width and area requirements
established by this ordinance, nor shall any division of any parcel be made which creates a lot with width
or area below the requirements stated in this ordinance.
(Ord. of 2-2-88, Art. VII, 2)

Section 3. - Nonconforming uses of land or land with minor uses only.
Where at the time of passage of this ordinance lawful use of land exists which would not be
permitted by the regulations imposed by this ordinance, and where such use involves no individual
structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued
as long as it remains otherwise lawful, provided:
(a) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of adoption or amendment of this
ordinance;
(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel
other than that occupied by such use at the effective date of adoption or amendment of this
ordinance;
Page 449
(c) If any such nonconforming use of land ceases for any reason for a period of more than thirty
(30) days, any subsequent use of such land shall conform to the regulations specified by this
ordinance for the district in which such land is located;
(d) No additional structure not conforming to the requirements of this ordinance shall be erected in
connection with such nonconforming use of land.
(Ord. of 2-2-88, Art. VII, 3)

Section 4. - Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance by
reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements
concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject
to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its
nonconformity, but any structure or portion thereof may be altered to decrease its
nonconformity.
(b) Should such nonconforming structure or nonconforming portion of a structure be destroyed by
any means to an extent of more than fifty (50) percent of its replacement cost at time of
destruction, it shall not be reconstructed except in conformity with the provisions of this
ordinance.
(c) Should such structure be moved for any reason for any distance whatsoever, it shall thereafter
conform to the regulations for the district in which it is located after it is moved.
(Ord. of 2-2-88, Art. VII, 4)

Section 5. - Repairs and maintenance.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may
be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement
of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the
current replacement cost of the nonconforming structure or nonconforming portion of the structures as the
case may be, provided that the cubic content existing when it became nonconforming shall not be
increased.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes
physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be
restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by any official charged with protecting the
public safety, upon order of such official.
(Ord. of 2-2-88, Art. VII, 5)

Section 6. - Uses under conditional use provisions not nonconforming uses.
Any use which is permitted as a conditional use in a district under the terms of this ordinance (other
than a change through board of aldermen action from a nonconforming use to another use not generally
permitted in the district) shall not be deemed a nonconforming use in such district, but shall without
further action be considered a conforming use.
Page 450
(Ord. of 2-2-88; Art. VII, 6; Ord. of 6-19-90, 5)

Section 7. - Change in nonconforming use.
Any nonconforming use may be changed to another nonconforming use only in accordance with
article IX, section 6, of this ordinance.
(Ord. of 2-2-88, Art. VII, 7)

ARTICLE VIII. - EXCEPTIONS AND MODIFICATIONS
The requirements and regulations set forth in this ordinance shall be subject to the following
exceptions and modifications.
(Ord. of 2-2-88, Art. VIII)
Section 1. - Existing lots of record.

Any lot or parcel of land in any district owned at the date of adoption of this ordinance, or
amendment thereof, not adjoining undeveloped land under the same ownership may be used as a
building site even though such lot or parcel fails to meet the minimum requirements for lot area, lot width
or both. With respect to such lots or parcels, yard requirements and other requirements shall be subject to
the following:
1.1 The application of side yard requirements shall not reduce the net buildable width below fifteen
(15) feet provided the application of this exception does not reduce a side yard ten (10) percent
of the lot width or five (5) feet, whichever is greater and that street side yards are not reduced
less than twenty (20) percent of the lot width or ten (10) feet, whichever is greater.
1.2 The application of front and rear yards shall not operate to reduce the net buildable depth below
seventy (70) feet provided the application of this exception shall not reduce the front yard less
than ten (10) percent of the lot depth or any rear yard twenty (20) percent of the lot depth.
(Ord. of 2-2-88, Art. VIII, 1)

Section 2. - Front yards.
The front yard requirements of this ordinance shall not apply on lots where the average depth of
existing front yards on developed lots located within one hundred (100) feet on each side thereof and
within the same block and zoning district is greater or less than the minimum required front yard depth. In
such case, the depth of the front yard on such lot shall not be less than the average front yard depth on
such developed lots. On double frontage lots, the required front yard shall be provided on each street.

Section 3. - Height limits.
When authorized by the board of aldermen, zoning district height limitations may be exceeded by the
following structures: Chimneys, church steeples, flagpoles, grain elevators, distribution lines, towers and
poles, radio and television antennas, water towers and similar structures.
Page 451

Section 4. - Projections into required yards.
Certain architectural features shall be permitted to project into required yard areas as follows:
4.1 Cornices, canopies, eaves or similar features may project a distance not exceeding four (4) feet.
4.2 Fire escapes may project a distance not to exceed four (4) feet[.]
4.3 An uncovered stair or landing may project a distance not to exceed three (3) feet.
4.4 Bay windows, balconies and chimneys may project a distance not to exceed two (2) feet
provided such features do not occupy more than one-third (1/3) of the wall on which they are
affixed.
4.5 Patios, without roofs, may be located in side and rear yards provided they are not closer than
five (5) feet to any adjacent property line.
4.6 Fences, walls and hedges may be located in required yards subject to the following limitations:
a.
They do not exceed eight (8) feet in height.
b.
They do not extend along side lot lines into front yards more than one-half () the depth of
required front yards.
c.
They do not impair corner visibility as set forth in this ordinance.

Section 5. - Temporary uses.
Temporary buildings used in conjunction with construction work may only be permitted during the
period that construction work is in progress. Such temporary buildings shall be removed upon completion
of the construction work.

ARTICLE IX. - BOARD OF ADJUSTMENTS
Section 1. - Appointment of board of adjustments.

A board of adjustments is hereby established which shall consist of seven (7) members appointed by
the board of aldermen. The terms of office of the members of the board of adjustments shall be five (5)
years. The board of aldermen shall elect one (1) of its members to serve as chairman and one (1) of its
members to serve as vice-chairman, and shall appoint a secretary who may be an officer or employee of
the City of Tupelo.
(Ord. of 2-2-88, Art. IX, 1)

Section 2. - Proceedings.
The board of adjustments shall adopt rules necessary to the conduct of its affairs, and in keeping
with the provisions of this ordinance. Meetings shall be held at the call of the chairman and such other
Page 452
times as the board may determine. The chairman, or in his absence the vice-chairman, may administer
oaths and compel the attendance of witnesses.
The board of adjustments shall keep minutes of its proceedings and shall keep records of its
examinations and other official actions, all of which shall be a public record and be immediately filed in
the office of the board.
(Ord. of 2-2-88, Art. IX, 2)

Section 3. - Appeals.
Appeals to the board of adjustments concerning interpretation or administration of this ordinance
may be taken by any persons aggrieved or by any officer or bureau of the governing body of the city
affected by any decision of the administrative official. Such appeals shall be taken within a reasonable
time, not to exceed sixty (60) days or such lesser period as may be provided by the rules of the board of
adjustments and specifying the grounds thereof. The administrative official shall forthwith transmit to the
board all papers constituting the record upon which the action appealed from was taken.
The board of adjustments shall fix a reasonable time for the hearing of appeal, as well as give due
notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party
may appear in person or by agent or attorney.
An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative
official from whom the appeal is taken certifies to the board of adjustments after the notice of appeal is
filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent
peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order
which may be granted on due cause shown by the board of adjustments. Notice shall be given to the
administrative official from whom the appeal is taken.
The board of adjustments shall hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the administrative official in the enforcement of
this ordinance. The board shall also have the authority and responsibility is hereby designated to hear
and decide appeals regarding administrative decisions pertaining to the enforcement of the city's
construction codes, including the building code, plumbing code, gas code, electrical code, swimming pool
code, housing code and fire code.
(Ord. of 2-2-88, Art. IX, 3)

Section 4. - Conditional uses.
The board of adjustments shall hear and decide requests for conditional uses so designated in the
schedule of district uses contained in article IV, section 2, to decide such questions as are involved in
determining whether a use with such conditions and safeguards as are appropriate under this ordinance,
or to deny any request for a conditional use when the use is not in harmony with the purpose and intent of
this ordinance. A conditional use shall not be granted by the board of adjustments unless and until:
4.1 A written application for a conditional use is submitted indicating the section of this ordinance
under which the conditional use is sought and stating the grounds on which it is requested.
4.2 The public hearing shall be held. Any party may appear in person or by agent or attorney. The
office of planning and community development shall give notice of the public hearing by mail to
all property owners within five hundred (500) feet of the subject property, or to whose property
owners in the vicinity which are, in the opinion of the director, significantly affected by the
application. This notice shall be given subject to the availability of property ownership
information and addresses.
Page 453
4.3 The board of adjustments shall make a finding that it is empowered under the section of this
ordinance described in the application to grant the conditional use and that granting the
conditional use will not
(a) Substantially increase traffic hazards or congestion;
(b) Substantially increase fire hazards;
(c) Adversely affect the character of the neighborhood; or
(d) Overtax public utilities or community services.
Every conditional use authorized hereunder shall not be personal to the applicant therefor but shall
be transferable and shall run with the land so long as the conditions under which the conditional use was
granted continue.
In granting any conditional use, the board of adjustments may prescribe appropriate conditions and
safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a
part of the terms under which the conditional use is granted, shall be deemed a violation of this ordinance
and punishable under article XI, sections 6 and 7 of this ordinance. The board of adjustments shall
prescribe a time limit within which the action for which the conditional use is required shall be begun or
completed or both. Failure to begin or complete, or both, such action within the time limit set shall void the
conditional use.
(Ord. of 2-2-88, Art. IX, 4; Ord. of 6-19-90, 6)

Section 5. - Variances.
The board of adjustments shall authorize upon application such variances from the terms of this
ordinances [ordinance] as will not be contrary to the public interest where, owing to special conditions, a
literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance
may be granted from the following requirements of the ordinance:
(a) Minimum lot area requirement;
(b) Building setback requirements;
(c) Maximum lot coverage restriction;
(d) Building height restrictions;
(e) Off-street parking and unloading requirements;
(f)
Sign restrictions.
A variance from the terms of this ordinance shall not be granted by the board of adjustments unless
and until:
5.1 A written application for a variance is submitted by the applicant demonstrating specifically the
following points:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same zone;
(b) That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zone under the terms of this
ordinance;
(c) That the special conditions and circumstances do not result from the actions of the
applicant; and
(d) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, structures, or buildings in the same zone.
Page 454
5.2 The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
The administrative official shall give notice of the hearing by mail to all property owners within
one hundred sixty (160) feet or to those property owners in the vicinity which are, in the opinion
of the director, significantly affected by the application. This notice shall be given subject to the
availability of property ownership information and addresses.
5.3 The board of adjustments shall make findings that the conditions required by this ordinance and
described in the application do exist.
5.4 The board of adjustments shall further make a finding that the reasons set forth in the
application justify the granting of the variance, and that the variance is the minimum variance
that will make possible the reasonable use of the land, building or structure.
5.5 The board of adjustments shall further make a finding that the granting of the variance will be in
harmony with the general purpose and intent of this ordinance, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
In granting any variance, the board of adjustments may prescribe appropriate conditions and
safeguards in conformity with this ordinance. Violations of such conditions, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this ordinance.
No nonconforming use of neighboring lands, structures, or buildings in the same zone, and
nonpermitted use of lands, structures or buildings in other zones shall be considered grounds for the
issuance of a variance.
(Ord. of 2-2-88, Art. IX, 5)

Section 6. - Change in nonconforming uses.
The board of adjustments shall also have the right to authorize a change in a nonconforming use to
another nonconforming use, provided the board shall find that the proposed use is equally appropriate or
more appropriate to the zone than the existing nonconforming use. A request for such change shall follow
the same administrative procedure as for a conditional use.
(Ord. of 2-2-88, Art. IX, 6; Ord. of 6-19-90, 7)

Section 7. - Decisions of the board of adjustments
The decisions of the board of adjustments in all actions listed above shall serve as recommendations
which shall be presented to the mayor and board of aldermen for the final decision. Appeals from the
decisions of the mayor and board of aldermen shall go to the circuit court.
(Ord. of 2-2-88, Art. IX, 7)

Section 8. - Time requirement for reapplication.
If an application is denied, no application for the same request shall be accepted for a period of six
(6) months.
(Ord. of 2-2-88, Art. IX, 8)

ARTICLE X. - AMENDMENTS
Page 455
Section 1. - Authority.
The mayor and board of aldermen shall have the authority to amend, supplement, change, modify, or
repeal any section of this ordinance, including the zoning districts, as shown on the official zoning map, in
accordance with the provisions of this article.
(Ord. of 2-2-88, Art. X, 1)

Section 2. - Procedure.
2.1 A proposed change of a zoning district as shown on the zoning map or the text of this ordinance may
be initiated by the planning committee, mayor and board of aldermen, or an affected individual,
however, an amendment to the zoning map, [such as] a rezoning, may only be initiated by the owner
of the property sought to be rezoned or his authorized agent. However, nothing in this section shall
preclude the mayor and board of aldermen from rezoning land at their own initiative as part of a
citywide comprehensive planning and rezoning process done in accordance with law.
2.2 No such amendment shall occur except after the Tupelo Planning Committee has been given the
opportunity to review research and submit a recommendation to the mayor and board of aldermen.
2.3 Any individual interested in the amendment of the zoning ordinance, whether it be a text amendment
or a rezoning, shall submit an application to the Tupelo Office of Planning and Community
Development on a form provided by said office.
2.4 An applicant for rezoning shall have the responsibility to demonstrate the appropriateness of the
change and shall do so by demonstrating the following:
(a) That the change would conform to the comprehensive plan;
(b) Otherwise, that changes have occurred in the area since the plan and zoning ordinance have
been adopted which warrant the rezoning;
(c) City utilities and services can accommodate the uses permitted in the requested zone;
(d) That the uses permitted in the requested zone will not adversely affect the character of the area
and result in a decrease of property values;
(e) That there is a need for additional land within the city to be zoned the classification which is
requested.
2.5 The planning committee shall hold a public hearing. Any party may appear in person or by agent or
attorney. The office of planning and community development shall give notice of the hearing by mail
to all property owners within five hundred (500) feet of the subject property. This notice shall be
subject to the availability of property ownership information and addresses. The planning committee
shall make a recommendation to approve or deny the proposed amendment.
2.6 The property shall then be posted with a sign giving information about the rezoning as designated by
the administrative official. Also, a legal notice shall be placed in a local newspaper of general
circulation advertising, at least fifteen (15) days in advance, a public hearing to be held by the mayor
and board of aldermen for the purpose of making a final determination of the request.
2.7 The mayor and board of aldermen shall, after said public hearing, make a final decision on the
requested amendment, which decision shall give due consideration to the recommendation of the
planning committee. Rezonings shall be accomplished by a motion, second, and majority vote of the
mayor and board of aldermen. The official minutes shall be sufficient to reflect this action. In the case
[sic] the planning committee has recommended denial of a rezoning request, or, in the event of a
protest against a rezoning signed by the owners of twenty (20) percent or more either of the lots
included in such proposed change or of those immediately adjacent to the rear thereof, extending
one hundred sixty (160) feet from the street frontage of such opposite lots, such rezoning shall be
accomplished only by a minimum of two-thirds (2/3) vote of the mayor and board of aldermen.
Page 456
Amendments to the text of the zoning ordinance shall require the passage of an ordinance in
accordance with the terms set forth by the Mississippi Code.
(Ord. of 2-2-88, Art. X, 2)

ARTICLE XI. - ADMINISTRATION AND ENFORCEMENT
Section 1. - Enforcing officer.

The provisions of this ordinance shall be administered and enforced by the director of planning and
community development, his assigns and successors. This official shall have the right to enter upon any
premises at any reasonable time prior to the issuance of [a] certificate of occupancy for the purpose of
making inspections of buildings or premises necessary in carrying out his duties in the enforcement of this
ordinance.
(Ord. of 2-2-88, Art. XI, 1)

Section 2. - Building permit required.
It shall be unlawful to commence the excavation for or the construction of any building or other
structure, including accessory structures, or to store building materials or erect temporary field offices, or
to commence the moving, alteration, or repair (except necessary repairs, not affecting the external or
party walls, chimneys, stairways or heights of buildings) of any structure including accessory structures,
until said director has issued for such work a building permit including a statement that the plans,
specifications and intended use of such structure in all respects conform with the provisions of this
ordinance. Application for a building permit shall be made to said director on forms provided for that
purpose.
(Ord. of 2-2-88, Art. XI, 2)

Section 3. - Approval of plans and issuance of building permit.
It shall be unlawful for the director of planning and community development to approve any plans or
issue a building permit for any excavation or construction until he has inspected such plans in detail and
found them in conformity with this ordinance. To this end, the director shall require that every application
for a building permit for excavation, construction, use of land, moving or alteration be accompanied by a
plan or plat drawn to scale and showing the following in sufficient detail to enable the director to ascertain
whether the proposed excavation, construction, use of land, moving or alteration is in conformance with
this ordinance:
(a) The actual shape, proportion and dimensions of the lot to be built upon;
(b) The shape, size and location of all building[s] or other structures to be erected, altered or moved
and of any building[s] or other structures already on the lot;
(c) The existing and intended use of all such buildings or other structures;
(d) The setback and side lines of buildings on adjoining lots and such other information concerning
the lot or adjoining lots as may be essential for determining whether the provisions of this
ordinance are being observed.
If the proposed excavation, construction, moving, [or] alteration as set forth in the application are in
conformity with the provisions of this ordinance, the director shall issue a building permit accordingly. If an
Page 457
application for a building permit is not approved, the director shall state in writing on the application the
cause of such disapproval. Issuance of a building permit shall, in no case, be construed as waiving any
provision of this ordinance.
(Ord. of 2-2-88, Art. XI, 3)

Section 4. - Expiration of building permit.
If the work described in any building permit has not begin [begun] within one hundred eighty (180)
days from the date of issuance thereof, said permit shall expire. If not completed in two (2) years, said
permit shall expire. The director, in his discretion, may grant extensions, not to exceed ninety (90) days
each, upon written request and provided that any such extension is consistent with the enforcement of the
intent and purposes of this ordinance.
(Ord. of 2-2-88, Art. XI, 4)

Section 5. - Certificate of occupancy required.
No land or building or other structure or part thereof hereafter erected, moved or altered in its use
shall be used until the director shall have issued a certificate of occupancy stating that such land or
structure or part thereof is found to be in conformity with the provisions of this ordinance.
Within three (3) days after the owner or his agent has notified the director that a building or premises
or part thereof is ready for occupancy or use, it shall be the duty of the director to make a final inspection
thereof, and to issue a certificate of occupancy if the building or premises or part thereof is found to
conform with the provisions of this ordinance or, if such certificate is refused, to state the refusal in writing
with the cause.
(Ord. of 2-2-88, Art. XI, 5)

Section 6. - Penalties.
Any person, firm or corporation, who violates, disobeys, omits, neglects, or refuses to comply with, or
who resists the enforcement of any of the provisions of this ordinance, shall be fined not more than one
thousand dollars ($1,000.00), or shall be imprisoned in jail for not more than thirty (30) days, or shall be
punished by both fine and imprisonment for each offense. Each day that a violation continues to exist
shall constitute a separate offense.
(Ord. of 2-2-88, Art. XI, 6)

Section 7. - Remedies.
In case any building or other structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building[,] structure or land is used in violation of this ordinance, the
director or any other appropriate authority or any adjacent or neighboring property owner who would be
specially damaged by such violation, in addition to other remedies, may initiate an injunction, mandamus,
or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, to correct or abate such violation or to prevent occupancy of
such building, structure or land.
(Ord. of 2-2-88, Art. XI, 7)
Page 458
Section 8. - Separability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the remaining
portions hereof.
(Ord. of 2-2-88, Art. XI, 8)

Section 9. - Ordinances repealed.
All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby
repealed as of the effective date of this ordinance. All previous zoning ordinances enacted by the city are
hereby repealed in their entirety as of the effective date of this ordinance.
(Ord. of 2-2-88, Art. XI, 9)

Section 10. - Effective date.
This ordinance shall take effect according to law. The city clerk is hereby authorized to publish this
ordinance as required by law.
(Ord. of 2-2-88, Art. XI, 10)

CODE COMPARATIVE TABLE
This is a chronological listing of the ordinances and other actions of a general and permanent
nature of the city used in this Code. Repealed or superseded laws and any omitted materials are
not reflected in this table.
Adoption
Date
Section
Section
this Code
3-10-1897
24-3
12- 2-02
15-66
7- 3-06
26-142
9-13-09
14
24-2
8-10-14
24-1
2- 2-15
26-143
Page 459
1- 6-20
26-142
3- 2-20
17
13-1
3- 4-24
1, 2
15-61, 15-62
35
15-63
4, 5
15-64, 15-65
1- 6-25
14
15-1
12- 4-28
22-1
6- 7-32
7-5
7- 6-37
24-57
11-23-45
19-2
5- 7-46 (Res.)
5-22-50
25-1
1
27-36
2(a)
27-37
2(b)
27-39
2(c), (d)
27-41
27-21
27-23
27-22
27-40
27-42
Page 460
27-43
9- 1-53
IIV
8-18-4
9- 7-54
1(a)
26-141
1(c)
26-141
27-38
1, 2
27-37
7-27-56
26-26
10- 1-57
26
4-174-21
4-16
8- 2-55
4-22
8
4-24
4-23
1012
4-254-27
4- 5-60
1, 2
3-1
5- 2-61
16
24-5124-56
4- 3-62
13-36
19-3
215
13-3713-50
5- 5-64
14
17-96
9- 7-65
16-1
Page 461
2(a)
16-2
3, 4
16-3, 16-4
514
16-616-15
15
16-5
5- 2-72
20-1
4- 2-74
1, 2
17-37
8- 6-74
9-17-74
App. A
2
10-6
10-2
10-9
79
10-1010-12
10(A)(C)
10-7
10(D)
10-8
1113
10-310-5
14
10-13
7-15-75
IIV
13-1613-19
9-20-77
IIX
7-4
11-17-78
13
14-1
1-16-79
2-38
2-20-79
15
15-8615-90
Page 462
7-12-79
24-101
IIIV
24-10324-105
VI
24-102
VII
24-106
15-108
II, III
15-106, 15-107
IV
15-109
1(A), 1(B)
19-41, 19-42
1(C)
19-45
1(D)
19-43
19-46
19-44
19-47
17
9-19-7
8, 9
9-9, 9-10
11
9-8
12-16-80
I, II
2-36
1- 6-81
1, 2
15-126, 15-127
4, 5
15-129, 15-130
15-132
11- 6-79
11- 6-79
1-22-80
Page 463
15-131
15-128
7- 1-81
2-36
12- 1-81(1)
117
18-15
12- 1-81(2)
115
18-16
4- 6-82
15
15-3615-40
15-44
79
15-4115-43
15
15-15115-155
6, 7
15-157, 15-158
15-156
15-159
10
15-161
11
15-160
Art. I, 116
26-21
Art. I, 1823
26-21
Art. II, 1, 2
26-22
Art. II, 3
26-41
Art. II, 4
26-22
Art. II, 5
26-86
9- 7-82
2- 1-83
Page 464
2-15-83
Art. III, 1Art. III, 4
26-4226-45
Art. III, 5
26-47
Art. III, 6
26-46
Art. III, 7
26-48
Art. III, 8
26-47
Art. IV, 1Art. IV, 8
26-6126-68
Art. IV, 9, 10
26-69
Art. IV, 11
26-70
Art. V, 1, 2
26-86
Art. V, 3Art. V, 11
26-8726-95
Art. VI, 1
26-23
Art. VII, 3
26-24
Art. VIII, 13
26-25
101111
26-116
201, 202
26-117
301303
26-118
401, 402
26-119
501, 502
26-120
601
26-121
701703
26-122
Page 465
7-19-83
704, 705
26-123
801
26-125
901904
26-126
1000
26-127
13
12-112-3
12-5
12-4
12-6
79
12-812-10
10
12-11, 12-12
11
12-17
12, 13
12-12
14
12-7
15
12-13
16
12-7
17
12-14
18
12-12
19, 20
12-15, 12-16
21, 22
12-15
23
12-18
Page 466
8- 7-84
10- 3-84
12- 4-84
6-27-85
24-76
712
24-7724-82
14, 15
24-83, 24-84
16
5-165-21
5-20
5-22
Art. I, 1
24-21
Art. I, 3
24-21, 24-22
Art. I, 4
24-21
Art. I, 6
24-21
Art. II, 1, Art. II, 2
24-22, 24-23
Art. II, 3
24-26
24-24, 24-25
Art. IV, 17
24-27
Art. V, 4
24-28
Art. VI, 13
24-29
2-71
25-2
2-72
3(1)3(3)
2-732-75
Page 467
3(6)
2-76
2-77
25-2
7, 8
25-2
8- 6-85
2-16
11- 5-85
Art. I, 1
24-85
Art. I, 37
24-85
Art. I, 911
24-85
Art. II, Art. III
24-85
1- 7-86
IIV
17-97
5- 6-86
7-26
7-46
7-61
7-81
7-96
7-116
10-1
7-1
7-117
3(a)
7-82
Page 468
4
5- 6-86 (Mo.)
6-25-87
7- 7-87
7-3
21-1
101111
26-116
201203
26-117
301303
26-118
401, 402
26-119
501, 502
26-120
601
26-121
701703
26-122
704, 705
26-123
706
26-124
801
26-125
901904
26-126
1000
26-127
1.21.4
11-111-3
11-4
3.1
11-5
3.2
11-7
3.3
11-36
3.4
11-6
Page 469
1- 5-88
3.53.7
11-811-10
3.8
11-25
4.1
11-21
4.2
11-37
4.3(1)(9)
11-22
4.3(10)
11-23
4.3(11), 4.3(12)
11-22
4.4
11-24
5.15.4
11-5111-54
13-50
2- 2-88
App. B
Art. I, 1Art. I, 3
App. B, Art. I, 1
App. B, Art. I, 3
Art. II
App. B, Art. II
App. B, Art. III, 1

App. B, Art. III, 3
App. B, Art. IV, 1

App. B, Art. IV, 3
Art. V, 1Art. V, 3
App. B, Art. V, 1
App. B, Art. V, 3
Art. V, 4.5
App. B, Art. V, 4
Art. V, 5Art. V, 7
App. B, Art. V, 5
App. B, Art. V, 7
Page 470
Art. VI, 1Art. VI, 7
App. B, Art. VI, 1

App. B, Art. VI, 7
Art. VII, 1Art. VII, 7
App. B, Art. VII, 1

App. B, Art. VII, 7
Art. VIII
App. B, Art. VIII
Art. VIII, 1Art. VIII, 5
App. B, Art. VIII, 1

App. B, Art. VIII, 5
Art. IX, 1Art. IX, 8
App. B, Art. IX, 1

App. B, Art. IX, 8
Art. X, 1, Art. X, 2
App. B, Art. X, 1,
App. B, Art. X, 2
Art. XI, 1Art. XI, 10
App. B, Art. XI, 1

App. B, Art. XI, 10
2-16-88
2-16
4- 5-88
17-111
27
17-11317-118
17-112
915
17-11917-125
26-161
26-162, 26-163
35
26-16426-166
26-144
26-117
5- 3-88
Page 471
7-19-88(1)
Art. I, 1, Art. I, 2
6-1, 6-2
6-21, 6-22
Art. II, 3Art. II, 5
6-56-7
Art. II, 6Art. II, 12
6-236-29
6-466-50
Art. IV, 1
6-81
6-676-69
Art. IV, 5, Art. IV, 6
6-83, 6-84
Art. IV, 7
6-82
Art. IV, 8
6-66
Art. V, 1Art. V, 7
6-966-102
Art. VI, 1, Art. VI, 2
6-3, 6-4
7-19-88(2)
App. B, Art. IV, 2
11-15-88
1.11.5
3-213-25
3-26
3.13.6
3-463-51
4.14.7
3-663-72
5.15.4
3-863-89
6.1
3-106
6.2
3-107
Page 472
3-127
6.3
3-108
7, 8
3-27, 3-28
9.1
3-126
9.39.7
3-1283-132
10
3-149
10.110.3
3-1463-148
10.5
3-150
3- 7-89
1(10.1)1(10.5)
3-1463-150
4- 4-89
1(10.1)1(10.5)
3-1463-150
4-18-89
7-131
25
7-1467-149
7-132
6-20-89(1)
App. B, Art. IV, 2
7- 5-89
2-16
9- 5-89(1)
App. B, Art. IV, 2
11-21-89
7-148
12-19-89
1(1.1)
26-180
1(1.2)1(1.5)
26-18226-185
26-181
Page 473
3(3.1), 3(3.2)
26-186, 26-187
4(4.1)4(4.3)
26-18826-190
1-16-90
App. B, Art. IV, 2
1-16-90
1(1.1)
26-170
1(1.2), 1(1.3)
26-172
1(1.4), 1(1.5)
26-173, 26-174
26-171
3(3.1), 3(3.2)
26-175, 26-176
4(4.1)
26-177
4(4.2)
26-178
App. B, Art. V, 6
2, 3
App. B, Art. IV, 3
4-17-90(Res.)
2, 5
25-2
5- 1-90
1, 2
19-1
5-15-90
6-1
6-8
6-1216-124
4-41
2.12.7
4-424-48
2.8
4-52
2-20-90
6- 5-90
Page 474
3.13.14
4-614-74
4.14.21
4-814-101
5.1, 5.2
4-111, 4-112
5.3, 5.4
4-113(a), (b)
5.5
4-115
5.6
4-113(c)
5.7
4-116
5.85.14
4-113(d)(j)
5.155.21
4-1174-123
5.22, 5.23
4-124
5.245.26
4-1254-127
5.27, 5.28
4-114
5.29, 5.30
4-128, 4-129
6.16.7
4-1414-147
6.8, 6.9
4-148
6.106.14
4-1494-153
7.17.9
4-1544-162
8.18.3
4-163
8.4, 8.5
4-164
9.19.3
4-1714-173
Page 475
10.1
4-174
11.111.14
4-1814-194
12.212.4
4-494-51
1, 2
App. B, Art. II
App. B, Art. IV, 2
App. B, Art. VI, 8
App. B, Art. VII, 6
App. B, Art. IX, 4
App. B, Art. IX, 6
9-18-90
16
19-31.1
9-25-90
15-108
II
15-106
III
15-107
IV
15-109
11-12-90
24
19-4
12- 4-90
111
2-1062-116
6-19-90
2-19-91
Adopting Ordinance, p. vii
8-20-91
IXIII
15-18115-193
9-17-91
7-17-5,
7-26, 7-46
Page 476
7-61, 7-81
7-96, 7-116
7-131, 7-133
7-138
7-1467-148,
7-156, 7-160
10-15-91
2-18-92
1
16
Added
App. B, Art. V, 8
2-1062-111
4-21-92
14
19-5
4-21-92
15
26-191
4-21-92
App. B, Art. IV, 2
4-21-92
14
19-5
8- 4-92
7-26, 7-46
7-61, 7-96
7-116, 7-131
7-146, 7-148
7-156, 7-157
9- 1-92
7-1617-169
7-170, 7-176
7-1807-186,
Page 477
7-193
10- 6-92
7-1617-169
7-170, 7-176
7-1797-188,
7-193
5- 5-93
17
5-355-41
7- 6-93
2-16
2-212-30
8- 3-93
8-17-93
5-16
5-19
5-23
2-362-48,
2-56, 2-57
12-21-93
13
17-11117-113
4, 5
17-115, 17-116
1-18-94
16
19-5119-56
5-17-94
120
15-22115-240
5-17-94
14
15-25115-254
12- 6-94
16
20-1020-15
12-20-94
7-17-3,
Page 478
7-5, 7-26
7-46, 7-61
7-81, 7-96
7-116, 7-131
7-138
7-1467-148,
7-156, 7-157
7-160
4- 4-95
2-312-35
4-18-95
16
19-5119-56
5- 5-95
17
5-355-41
6-20-95
19-52
19-55
12-19-95
23.5-123.5-19
9-17-96
17-11117-135
2- 4-97
7- 2-97
7- 8-97
17
1, 2
20-10, 20-11
20-13
20-15
Added
1
2-912-97
2-162-30
Page 479
Rpld
8- 5-97
101104
9-16-97
10-1
10-21-97
14
15-10615-109
2- 3-98
Added
2-312-35
19-7119-74
Added
15-110
Added
5-1
Rpld
5-17
3
2-17-98
2-362-55
7-21-98
15
15-10615-110
11- 3-98
7-26
7-46
7-61
7-81
7-96
7-116
7-131
7-133
7-147(b)
Added
10
7-147(e)
10-1
Page 480
12-15-98
3-16-99
11
10-10
1, 2
15-106, 15-107
13
Added
9-209-22
6-15-99(1)
5-16
6-15-99(2)
1, 2
23.5-12(c)
6-15-99(3)
24-85
9- 7-99
112
2- 8-00
Added
2-15-00
19-10110-112
4-128(d)
19-102
36
19-10819-111
9-21
9-22
Added
9-23
3-21-00
4
5-16-00
Added
17
811
Added
9-19-00
7-1827-188
7-1897-192
15-222
10- 3-00
15-110
11- 7-00
19-3
1- 2-01
5- 1-01
14
Added
1
26-23126-235
7-182
Page 481
1- 3-02
17
4- 2-02(1)
Added
26-25126-257
7-26
7-46
7-61
7-81
7-96
7-131
7-133
4- 2-02(2)
10-1
5-21-02
6-97
3-21-03
5-1
Added
3
4
6- 3-03
Added
13
47
Added
5-25-5
5-16(d)
5-18(a)(3)
13-1713-19
13-2013-23
5-18-04
Added
5-24
7- 6-04
Added
26-19226-216
12-21-04
3- 1-05
210
13
Added
2-362-44
15-162
Page 482
4-19-05(1)
IXIX
4-19-05(2)
7- 5-05(1)
Added
Added
17-120(b)(2)a., b.
2-16, 2-212-30
Added
7- 5-05(2)
17
9- 5-06
10-17-06(1)
2-1312-149
Added
2-31, 2-32
2-1711-177
Added
13-5513-65
7-2007-207,
7-2157-222,
7-2307-233
10-17-06(2)
12-19-06
1-16-07
Added
28-128-17
26-87(3)
26-88(1)
26-88(8)
26-89(a)
26-94
Added
ch. 17, art. V,

17-14217-157
2- 6-07
2-20-07
1
19
Added
13-57, 13-62(a), 13-63(c)

ch. 2, art. IX,
2-1912-199
Page 483
3- 9-07
7-26
7-46
7-61
7-81
7-96
7-131
7-133
10-1
4-17-07
17-120(b)
10-16-07
26-89(a)
12- 4-07
2-141
2- 5-08
110
2- 3-09(1)
2
3
2- 3-09(2)
5-20-08(1)
Added
2, 3
2-37(2)
Rpld
2-39
Added
2-39
1(5.15(5.15.15.15.5))
1
2-2262-235
4-117(a)(e)
Rnb
10-13
as
10-15
Added
10-13
Added
10-14, 10-15
Page 484
5-20-08(2)
13
15-10615-108
4-21-09
1(1)
20-10
2(2)
20-11
3(4)
20-13
4(5)
20-14
2-16
7- 7-09
2-212-32
9-15-09
11-17-09
2- 2-10(2)
5-16(d)(2)
5-19
5-24
17-17
Rpld
11-111-10
11-2111-25
11-36, 11-37
11-5111-54
5- 4-10(2)
5- 4-10(3)
Added
11-111-6
Added
11-811-35
5-2
5-16(d)
Added
19-11-19-118
Page 485
5-18-10
Rpld
26-11626-127
Art. I, 101112
Added
26-116
Art. II, 201207
Added
26-117
Art. III, 301303
Added
26-118
Art. IV, 401, 402
Added
26-119
Art. V, 501, 502
Added
26-120
Art. VI, 601
Added
Art. VII, 701703
Added
26-122
Art. VII, 704(704.1704.4)
Added
26-123
Art. VII, 705(705.1705.3)
Added
26-124
Art. VII, 706
Added
26-125
Art. VIII, 801
Added
26-126
Art. IX, 901904
7-20-10
26-121
Added
26-127
Art. X, 1001
Added
26-128
Art. XI, 1101
Added
26-129
Added
19-13119-133
11- 2-10
2-22(3)c.
10-18-11
2-73
11- 1-11(1)
15-106
15-107
Page 486
11- 1-11(2)
Rpld
7-2007-207
7-2157-222
7-2307-233
Added
7-2007-207
7-2157-222
7-2307-233
1-17-2012(1)
1-17-2012(2)
2- 7-2012(1)
13
Dltd
7-2
Added
7-2
Added
7-81(b)
Added
24-14124-143
5-15-2012
1, 2
5-2
1-22-2013
7-203
3- 5-2013(1)
Arts. IVII
3- 5-2013(2)
2
36
3-19-2013
10- 1-2013
Added
Added
Added
Rpld
ch. 15, art. XI,

15-27115-277
5-6
5-255-28
ch. 5, art. III,
5-355-41
2-113
Added
15-163
15-156
Page 487
10- 8-2013(1)
1(Art. II, 201)
26-117(a)
2(Art. X, 1001)
26-128
3(Art. XI, 1101)
26-129
10- 8-2013(2)
11-9
5- 6-14
5-16(d)(2)
5-19
5-24
6-17-14(2)
2-45
8-19-14(2)
13-55
13-55
13-58(4), (5)
13-62(e), (f)
10-21-14
Added
Art. VII,
24-20024-208
STATE LAW REFERENCE TABLE
This table shows the location within this Code, either in the text or notes following the text, of
references to the state law or related matters.
MCA 1972
Section
1-1-25
Section
this Code
1-5
Page 488
1-3-1 et seq.
1-2
1-3-39
1-2
1-3-41
1-2
1-3-45
1-2
1-3-67
1-2
1-3-77
1-3
11-51-75
15-275
12-19-1
26-191
17-1-1
App. A
17-1-1 et seq.
App. B
17-1-117-1-27
App. A, Art. I
17-1-3
3-23(a)
21-19
26-103(c)
26-191
17-1-15
App. B
17-1-39
16-2
17-7-5
9-5
17-17-5
Ch. 23.5
17-17-29
Ch. 13, Art. III
Page 489
21-3-19
2-16
21-8-11
2-23
2-28
21-8-13(1)
2-50
21-8-15
2-23
2-49
21-8-17
2-49
21-8-23
2-37
21-8-25
2-36
21-9-17
9-5
21-13-1
1-8
2-145
19-1
21-13-7
1-7
21-13-11
2-31
21-13-15
1-1
21-13-19
19-1
21-15-1721-15-21
2-45
21-17-1
2-147
3-23(a)
Page 490
26-183
26-172
21-17-3
26-172, 26-183
21-17-15
2-47
21-19-1
6-22
Ch. 12
19-21
Ch. 26, Art. II
21-19-2
23.5-15
21-19-3
Ch. 13
21-19-9
Ch. 6, Art. IV
6-25
6-67
21-19-11
7-180(d)
Ch. 13, Art. II
21-19-11(1)
2-143
28-13
21-19-15
19-1
21-19-17
Ch. 19, Art. IV, Div. 1
21-19-21
7-170
Page 491
Ch. 10, Art. I

21-19-25
Ch. 7
21-19-31
Ch. 20
21-19-33
15-37
21-19-35
Ch. 15, Art. VIII
21-19-37
Ch. 15, Art. II
21-23-1 et seq.
Ch. 18
18-15(a)
18-16(a)
21-23-7
18-2
18-9
Ch. 26, Art. IV
21-23-8
18-7
21-23-9
18-3
21-23-11, 21-23-12
2-45
21-23-17
18-7
21-23-19
18-7
21-27-23
Ch. 26, Art. III
21-27-137
Ch. 27
21-29-13
2-45
Page 492
21-29-10121-29-151
2-56
21-33-27
2-45
21-33-41
2-45
21-33-47
2-45
21-33-67
2-45
21-35-11
2-45
21-35-13
2-45
21-37-3
Ch. 24
21-37-11
Ch. 26, Art. VI
21-37-21
Ch. 8
21-37-33
Ch. 20, Art. II
21-39-05
2-45
21-39-07
2-45
21-39-19
2-45
21-41-13
2-45
21-41-21
2-45
25-9-149
14-1
25-41-1
2-16
27-17-1 et seq.
25-1
27-17-5
15-37
Page 493
27-17-457
7-148
27-19-56
17-97(b)(1)
27-27-1 et seq.
Ch. 15, Art. III
27-27-7
15-38
27-27-13
15-39
27-27-17
15-40
27-27-19
15-43
7-203
27-71-303
5-25
5-27
27-71-345
5-25
5-27
29-5-89
19-3
33-15-1 et seq.
Ch. 9
33-15-17
9-5(b)
9-2
37-41-1
17-1
39-7-1 et seq.
2-148
39-7-11
2-136
39-13-5
2-133
Page 494
2-134
39-13-9
2-133
39-15-7
2-133
41-3-57
Ch. 13
41-27-1 et seq.
13-1
41-43-31 et seq.
Ch. 8
41-53-1
6-81
6-121
43-33-1 et seq.
Ch. 7, Art. XII
45-9-53
19-3
45-11-1 et seq.
Ch. 10, Art. I
47-1-4147-1-47
18-16(a)
47-1-47
2-41
47-1-14
2-41
49-8-1 et seq.
Ch. 6, Art. V
49-8-17
6-97
Tit. 61
4-41
61-5-1 et seq.
Ch. 4
61-7-1 et seq.
Ch. 4
61-7-7
4-42
Page 495
61-7-11
4-42
61-7-15
4-42
61-7-19
4-48
61-7-23
4-50
61-7-25
4-51
61-7-27
4-52
Tit. 63
18-2(e)
63-1-9
17-36
63-3-103(a)
63-3-103(e)
17-1
63-3-119
17-1
63-3-121(d)
17-1
63-3-125(a)
17-1
63-3-127
17-1
63-3-129
17-1
63-3-131
17-1
63-3-133(a)
17-1
63-3-209
Ch. 17
63-3-211
Ch. 17
63-3-211(a)(1)
Ch. 17, Art. III
63-3-211(a)(3)
17-61
Page 496
63-3-211(a)(4)
17-54
63-3-305
17-6
63-3-309
17-4
63-3-317
17-5
63-3-319
17-5
63-3-40163-3-409
17-8
63-3-411
17-8(e)
63-3-501
17-53
63-3-601
17-42
63-3-603
17-44
63-3-607
17-45
63-3-609
17-47
63-3-611
17-47
63-3-611(2)(b)
17-59
63-3-613
17-47
63-3-617
17-46
63-3-619
17-46
63-3-621
17-10
63-3-701
17-57
63-3-703
17-48
Page 497
63-3-707
17-51
63-3-711
17-52
63-3-801
17-55
63-3-805
17-55
63-3-809
17-66
63-3-901
17-83
63-3-901(1)(i)
17-59
63-3-905
17-94
63-3-907
17-81
63-3-909
17-89
63-3-1005
17-56
63-3-100763-3-1013
17-59
63-3-1011
17-60
63-3-1103
17-15
63-3-1105(3)
17-14
63-3-1105(a), (b)
17-16
63-3-1107
17-18
63-3-1112
17-17
63-3-1201
17-41
63-3-1209
17-11
Page 498
63-5-25
17-63
63-5-511
17-53
63-7-163-7-81
Ch. 17, Art. IV
63-7-7
17-136
63-7-9
17-136
63-7-11
17-63
17-140
63-7-1163-7-45
17-137
63-7-47
17-140
63-7-51
17-136
63-7-55
17-7
19-22
63-7-65(1)
17-138
63-7-65(3)
17-139
63-7-67
17-141
63-211
Ch. 17
65-5-19(2)
17-50
Tit. 67, Ch. 3
5-16
67-3-9
5-1
67-3-17
5-25
Page 499
67-3-23
5-25
67-3-27
5-25
5-27
67-3-65
5-16
69-13-1
6-25
75-65-1 et seq.
Ch. 15, Art. II
75-85-1 et seq.
Ch. 15, Art. VIII
76-67-1
15-181
77-9-225
17-59(a)(3)
77-9-249
17-59
78-85-3(f)
15-106
95-13-1
97-7-63
24-1
97-15-13
17-40
97-15-30
Ch. 13, Art. III
97-32-25 et seq.
Ch. 13, Art. IV
97-32-1 et seq.
Ch. 13, Art. IV

97-32-25 et seq.
97-35-23
24-1
Page 500
97-41-11
6-6, 6-48
97-41-16
6-8
99-3-7
22-1
99-19-20
18-16(f)
Page 501

Tupelo City Code of Ordinances 2015

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Tupelo City Code of Ordinances 2015

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CODE OF ORDINANCES CITY OF TUPELO, MISSISSIPPI

Ward 1 James Williams

CHARTER COMPARATIVE TABLE

CODE COMPARATIVE TABLES

STATE LAW REFERENCE TABLE

LAND DEVELOPMENT CODE INDEX

/s/ Jack L. Marshall

/s/ Lynn Norris

SUPPLEMENT HISTORY TABLE

Sec. 1-1. - Code designated and cited.

State Law reference Similar provisions, Miss. Code 1972, 1-3-67.

State Law reference Similar provisions, Miss. Code 1972, 1-3-39.

State Law reference Similar provisions, Miss. Code 1972, 1-3-41.

State Law reference Similar provisions, Miss. Code 1972, 1-3-45.

State Law reference Severability of statutes, Miss. Code 1972, 1-3-77.

Sec. 1-5. - Effect of repeal of ordinances.

Sec. 1-7. - Altering Code.

State Law reference Style of ordinances, Miss. Code 1972, 21-13-7.

Secs. 2-12-15. - Reserved.

Sec. 2-16. - Meeting times and places.

Sec. 2-21. - Placement of matters to be considered on agenda.

Sec. 2-26. - Agenda item report or summary.

(Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

(Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

(Ord. of 8-7-01, 1; Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

(Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

(Ord. of 7-5-05(1), 1; Ord. of 7-7-09, 1)

Sec. 2-36. - Chief operations officer.

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 2)

The following departments are hereby established under the mayor:

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 3; Ord. of 2-3-09(1), 2)

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 4)

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 6)

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 7)

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 8)

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 9)

(Ord. of 2-17-98, 1; Ord. of 12-21-04, 10)

Sec. 2-45. - Chief financial officer.

(Ord. of 2-17-98, 1; Ord. of 6-17-14(2))

Sec. 2-48. - Department of personnel.

Sec. 2-71. - Definitions.

Sec. 2-73. - Composition; compensation; terms.

(Ord. of 6-27-85, 3(1); Ord. of 10-18-11, 1)

(Ord. of 6-27-85, 3(2))

(Ord. of 6-27-85, 3(3))

Sec. 2-76. - Quorum; officers; rules and regulations.

(Ord. of 6-27-85, 3(6))

Sec. 2-91. - Establishment and appointment.

Interlocal funds (county, other cities).

Private foundation grants.

Sec. 2-106. - Creation and charter.

(Ord. of 12-4-90, 1; Ord. of 2-18-92, 1)

(Ord. of 12-4-90, 2; Ord. of 2-18-92, 2)

(Ord. of 12-4-90, 3; Ord. of 2-18-92, 3)

(Ord. of 12-4-90, 4; Ord. of 2-18-92, 4)

(Ord. of 12-4-90, 5; Ord. of 2-18-92, 5)

(Ord. of 12-4-90, 6; Ord. of 2-18-92, 6)

(Ord. of 12-4-90, 8; Ord. of 3-19-2013, 1)

(Ord. of 12-4-90, 10)

(Ord. of 12-4-90, 11)

Sec. 2-131. - Statement of purpose.

Survey of resources means the documentation, by historical research or a photographic record, of

(Ord. of 4-19-05(1), II)

(Ord. of 4-19-05(1), III)