Leakesville officials publish revised ordinances
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By RUSSELL TURNER
Herald Editor
As promised, officials with the Town of Leakesville are publishing revisions to two new ordinances and changes to a third after local residents cried foul, saying the new rules were overreaching and unfair.
Town officials had approved the ordinances on March 5, tackling issues ranging from the demolition or alteration of historic buildings to rules and regulations concerning residential driveways in the town. But, outcry from residents forced town aldermen to make numerous revisions to their plan. The full text of the revised ordinances can be found below. Town aldermen and Mayor George Perkins will reconvene to get more public feedback at 7 p.m. Tuesday, May 7, at Town Hall.
Town attorney Roun McNeal, who took notes of the residents complaints and made recommendations to town officials for the changes, delivered the revisions for the required publication on Monday.
AMENDMENT TO ORDINANCE NO. 103
AN AMENDMENT TO CERTAIN BUILDING
ORDINANCE(S) OF THE TOWN OF LEAKESVILLE, MISSISSIPPI CONCERNING DRIVEWAY INSTALLATION, REPAIR, MATERIAL USE, AND MAINTENANCE OBLIGATIONS
PREAMBLE
WHEREAS, Town of Leakesville, Mississippi (“Town”) finds that some of its primary residential neighborhoods as set forth herein have experienced a decline in aesthetics in conjunction with a concomitant loss of town property tax revenue, as well as quality of life and historical initiatives;
WHEREAS, the town has received numerous complaints from residents regarding the disparate construction designs, materials, loss of historical character and overall aesthetics of improperly constructed driveways and parking areas at residences and multi-family dwellings.
WHEREAS, the town finds and declares a compelling interest in establishing standards for construction, material use and maintenance obligations of residential driveways and parking areas.
WHEREAS, Section 21-17-5 of the Mississippi Code authorizes the town to adopt ordinances with respect to the care, management, and control of its municipal affairs and property.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE BOARD OF ALDERMEN OF THE TOWN OF LEAKESVILLE, MISSISSIPPI, THAT THIS ORDINANCE SHALL AMEND THE PREVIOUS ORDINANCES THAT GOVERN THE CONSTRUCTION, MAINTENANCE AND UPKEEP OF DRIVEWAYS AND PARKING AREAS.
SECTION 1: Applicability-This amendment shall only apply to residential areas located within the corporate limits as of the date of enactment of this Ordinance for the reasons set forth in the preamble and in infra.
SECTION 2: New Construction: Any new residential structure constructed must a have delineated driveway and parking area constructed of asphalt, concrete, brick, crushed limestone, stone, pavers, gravel or like material of sufficient thickness to prevent washing. There shall be no all dirt, sand, mulch or clay driveways will be allowed. There shall be no regular parking on residential property except on delineated driveways and parking areas. For purposes of this Ordinance a residence includes single family and multi-family housing.
SECTION 3: Maintenance and Alteration of Existing Driveways: Within six (6) months of the sale or significant alteration of a residential property, the owner of such property shall cause all presently existing driveways to come into compliance with the requirements of Section 2 of this Ordinance. “Significant alteration” means any construction, improvement, remodeling, or other alteration which requires and has undergone an inspection and approval by the Town’s building inspector.
SECTION 4: There shall be no regular and ongoing “stack packing” or haphazard parking of multiple vehicles onto the lawns of residential properties.
SECTION 5: Appeals and Exceptions: Any party desiring to appeal the applicability and requirements of this section or seek an exception or variance shall appeal to the Board of Alderman in writing requesting said relief. Grounds for requesting an exception or variance may include, but are not limited to, demonstrated financial hardship or indigency.
SECTION 6: Violations: Any person, landowner, builder, etc., who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished in a fine not to exceed $50.00 per day for each offense and not to exceed an aggregate amount of $250.00.. A separate offense will be deemed committed upon each day during or on which a violation occurs. Further, the Board of Alderman or their designee are authorized to remit such remedial orders as may be required under the circumstances.
SECTION 7: This Ordinance shall be additional to any other building codes or applicable ordinances touching upon and concerning the subject matter contained herein.
SECTION 8: The ordinance shall be effective 60 days from and after publication.
The motion for adoption of the amendment to ordinance 103 was made by Alderman Bill Burley and seconded by Alderman Carolyn Garretson and the foregoing ordinance having been first reduced to writing and no request being made by the Mayor or any member of the Board of Aldermen that the amendment be read by the Town Clerk, before any vote was taken, it was submitted to the Board of Aldermen for the passage or rejection on roll call vote being as follows, to-wit: Those present and voting “Yea” and in favor of the adoption of the amendment as a whole:
Alderman Breland
Alderman Bullard
Alderman Burley
Alderman Garretson
Alderman Smith
Those present and voting “Nay” or against any section of the ordinance or against the ordinance as a whole:
None
WHEREFORE, it is ordered that the amendment to ordinance 103 is hereby unanimously passed and adopted on this 5th day of March, 2019
Mayor George E. Perkins
Town Clerk, Rex Garretson
ORDINANCE NUMBER 146
AN ORDINANCE OF LEAKESVILLE, MISSISSIPPI, REGULATING AND PROHIBITING TRUCK TRAFFIC AND TRUCK PARKING IN THE TOWN OF LEAKESVILLE, MISSISSIPPI
WHEREAS, the Mayor and Board of Aldermen of the Town of Leakesville, Mississippi find as fact that the town streets and bridges were never designed or built to withstand heavy truck traffic and parking in residential areas except where designed in this ordinance; and
WHEREAS, increased development and agricultural production on Jernigan Road in part necessitates the need for this Ordinance, and
WHEREAS, the Mayor and Board of Aldermen of the Town of Leakesville find that truck traffic and parking should be regulated, designated, and/or prohibited as set forth in this ordinance; and
WHEREAS, the Town is empowered to regulate and prohibit truck traffic and parking for the protection of the health, safety, aesthetics and welfare of the Town of Leakesville MS, and that these regulations and prohibiting are a valid exercise of that power.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF LEAKESVILLE, MISSISSIPPI AS FOLLOWS:
Section 1. The following words and phrases when used in this Ordinance shall, for the purpose of the ordinance, have the meanings respectively described to them in this section.
(a) Truck: Shall mean all motor vehicles with more than two axles and also shall include any motor vehicle weighing more than 10,000 pounds. For the provisions of this ordinance shall not mean any type of pickup truck, school bus, fire apparatus or any emergency vehicle.
(b) Through truck traffic: Truck traffic traveling in and through the Town of Leakesville, Mississippi with no legitimate stopping or delivery point inside the Town of Leakesville, Mississippi
(c) Truck Route: The following specifically designated and marked public streets of the Town of Leakesville, Mississippi, upon which specified truck traffic will be permitted. Initial truck routes shall be those designated in Section III.
(d) Through Truck Route: Designated route for trucks, traveling through the Town of Leakesville without an intended legitimate stopping or delivery point.
(e) Special permit: A permit by necessity for intermediate truck use of city streets where safety mandates its issuance.
(f) Destination: Delivery points or ultimate temporary storage or resting points for local truck traffic.
(g) Residential Area: Shall mean any area of Leakesville that does not abut a thru truck route as set forth in Section III.
Section II. From and after the effective date of this ordinance, all through truck traffic is prohibited from using the public streets of the Town of Leakesville MS, except for those streets designated in this ordinance.
Section III. Through truck Route: the following streets shall be the through truck route:
(1) MS Highway 63/57
Section IV. Nothing in this ordinance shall be construed as to prevent residential moving trucks, delivery trucks, and like trucks from operating on Town streets.
Section V. Upon application for an alternative truck route permit at Town Hall, the Mayor or Clerk shall determine whether or not the applicant has a truck load that is supported by the Town Streets, and whether the load is in fact unsafe to use on the truck routes of the Town. If the application meets the criteria, then the Mayor or Clerk may issue a special permit for the use of an alternative truck route upon such finding. Duration of the special permit will be 6 months. The special permit may be withdrawn by the Town at any time upon five days notice to the holder of the permit. There shall be $25 charge for a special permit.
Section VI. No truck as defined by this Ordinance shall be parked in a residential area as defined by this Ordinance whether loaded or unloaded.
Section VII. In addition to the process outlined in Section V, any party desiring to appeal the applicability and requirements of this Ordinance or seek an exception or variance may appeal to the Board of Alderman in writing requesting said relief.
Section VIII. Any person, firm or corporation violating this ordinance shall be guilty of a misdemeanor upon conviction and punished by a fine not to exceed $500.00, and/or 10 days in jail.
Section IX. The ordinance shall be effective 60 days from and after publication.
The motion for adoption of ordinance 146 was made by Alderman Joe Bullard and seconded by Alderman Jimmy Breland and the foregoing ordinance having been first reduced to writing and no request being made by the Mayor or any member of the Board of Aldermen that the amendment be read by the Town Clerk, before any vote was taken, it was submitted to the Board of Aldermen for the passage or rejection on roll call vote being as follows, to-wit: Those present and voting “Yea” and in favor of the adoption of the amendment as a whole:
Alderman Breland
Alderman Bullard
Alderman Burley
Alderman Garretson
Alderman Smith
Those present and voting “Nay” or against any section of the ordinance or against the ordinance as a whole:
None
WHEREFORE, it is ordered that ordinance 146 is hereby unanimously passed and adopted on this 5th day of March, 2019
Mayor George E. Perkins
Town Clerk, Rex Garretson
ORDINANCE 147
TOWN OF LEAKESVILLE, MS
ENVIRONMENTAL COURT
Establishment, Purpose and Jurisdiction of Environmental Court. There is hereby established the Environmental Court which will be a division of the Municipal Court for the Town of Leakesville, Mississippi. The purpose of said Court is to provide an effective, efficient and timely process to ensure enforcement of and compliance with said laws and Ordinances.
GOALS AND OBJECTIVES: To promote the Town of Leakesville through enhancement of the quality of life in safety, beautification, and future economic development. Further, to provide an efficient process that will enforce safety, environmental and other established laws in an expedient and efficient manner.
MUNICIPAL OFFENSE TICKET/AFFIDAVIT: Notice of violations of the municipal laws and/or Ordinances, as now existing and as may be hereafter adopted or amended from time to time, shall be given by the issuance of a Municipal Offense Ticket and or an Affidavit as set forth in other sections herein.
ADOPTION AN IMPLEMENTATION OF THE ENVIRONMENTAL COURT PROCESS: The Town of Leakesville by through its Board of Alderman or its duly appointed designee committee or enforcement officers, shall adopt and shall implement such due process and notice Policies and Procedures necessary to handle all environmental complaints and for the issuance of a Municipal Offense Ticket/Affidavit. The terms ticket and affidavit are interchangeable for purposes of this ordinance. The Town of Leakesville shall also appoint a special Environmental Court Judge to preside over the Environmental Court; however, nothing shall prevent the any other duly appointed Municipal Court Judge from presiding should a scheduling conflict or conflict of interest arise.
AUTHORIZATION OF TOWN EMPLOYEES TO ISSUE MUNICIPAL OFFENSE TICKET: When any police officer or inspector of the Town of Leakesville, finds any violation or violations of any provision of any municipal law which he or she is authorized to report and to enforce, said Town employee may issue, on forms provided by the Town, a Town of Leakesville Municipal Offense Ticket and or Affidavit. A copy of said Ticket shall be served on the person accused of violating said municipal law, with the original to be filed with the Clerk of the Municipal Court. Service on the violator may be either on the person, or by certified mail, return receipt requested, or by any other manner authorized by law. Said Ticket shall also give notice of a hearing before the Environmental Court which shall be at fourteen (14) days after the service of said Ticket/Affidavit. The Board of Alderman shall select a regular convening date for the Environmental Court and shall publish said date in the Greene County Herald. However, nothing in this article shall be construed as preventing the convening of Environmental Court on a different date provided the alleged violator is given fourteen (14) days, or the proposed date is otherwise agreed upon by all interested parties.
PENALTY. Any person found by the Court to be in violation of any of said Ordinances or laws and who has received a Municipal Offense Ticket/Affidavit for a violation of a municipal law or laws, or if any person receiving said Ticket fails to appear in said Court, or otherwise settle the matter prior to the date stated on the Municipal Offense Ticket, pursuant to the provisions of this Ordinance, shall be guilty of a misdemeanor. Any person found guilty of a violation of any of said laws shall be punished, in the discretion of the Court, either under the terms of said Ordinance or, if no fine, punishment, or restitution is contemplated by laws and ordinances, by a fine of not more than $500.00, or by imprisonment in the City or County jail for a period not to exceed six months or by community service as may be ordered by the Court, or by a combination of either a fine, imprisonment and/or community service, at the sole discretion of the Court, unless otherwise prohibited by State law. The Court may escalate the punishment of those found guilty of repeat or subsequent violations of the same law.
Non-Exclusive Remedy. The charging and enforcement provisions provided herein for violation of any of said laws shall not be exclusive. Police officers, other city officials or private citizens may file a complaint or charge under any of said laws against any violator and prosecute the same in Municipal Court without first exhausting the administrative procedures and remedies provided for herein. However, a violator shall not be subject to double jeopardy for the same violation. Further, nothing in this Ordinance shall prevent Town officials in their discretion from issuing warning letters, entering compliance agreements with violators, or utilizing any statutory method of deficient properties.
The Environmental Court shall also hear cases concerning violations of the Town of Leakesville Ordinance Number 145 (RIPLA).
Conflicting Code Sections and Ordinances. Where there appears to be a conflict between the terms of this Ordinance and the other laws to be enforced hereunder, the Court shall have the discretion of applying the most appropriate remedy to the violation charged.
Severability. If any article, section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by declaration of any Court of competent jurisdiction, such declaration shall not affect the validity of remaining portions of this Ordinance.
Effect of Ordinance. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.
The motion for adoption of ordinance 147 was made by Alderman Joe Bullard and seconded by Alderman Carolyn Garretson and the foregoing ordinance having been first reduced to writing and no request being made by the Mayor or any member of the Board of Aldermen that the amendment be read by the Town Clerk, before any vote was taken, it was submitted to the Board of Aldermen for the passage or rejection on roll call vote being as follows, to-wit: Those present and voting “Yea” and in favor of the adoption of the amendment as a whole:
Alderman Breland
Alderman Bullard
Alderman Burley
Alderman Garretson
Alderman Smith
Those present and voting “Nay” or against any section of the ordinance or against the ordinance as a whole:
None
WHEREFORE, it is ordered that ordinance 147 is hereby unanimously passed and adopted on this 5th day of March, 2019
Mayor George E. Perkins
Town Clerk, Rex Garretson
