Ordinance No. 752

## AN ORDINANCE ESTABLISHING A COMPREHENSIVE CLEAN COMMUNITY PLAN WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF PHILADELPHIA, MISSISSIPPI

WHEREAS, The City having determined that the lack of cleanliness of the community is a growing problem and is a direct threat to the health and safety of the citizens of this city, and

WHEREAS, The Mayor and Board of Alderman believe that a comprehensive ordinance with graduated penalties will promote a healthy, clean, desirable and aesthetically pleasing community and environment, and

WHEREAS, the Governing Authority of the City of Philadelphia, Mississippi has determined and herby finds that the City of Philadelphia, Mississippi, would benefit from a Comprehensive Clean Community Plan, and

WHEREAS, it is the intent and purpose of the City to provide for the public health, safety and welfare of the residents of the City of Philadelphia and to assist in preventing the negative effects upon economic development and depressing property values, and

WHEREAS, the Governing Authority has determinded it to be in the best interest of the citizens of Philadelphia to adopt this ordinance for the protection of the citizens and to establish regulations and procedures necessary to better the City.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BOARD OF MAYOR AND ALDERMEN FOR THE CITY OF PHILADELPHIA, MISSISSIPPI, AS FOLLOWS:

SECTION 1. The prefatory clauses are hereby incorporated herein.

SECTION 2. That the Code of Ordinances of the City of Philadelphia be, and the same is hereby amended, to add The Comprehensive Clean Community Plan, which shall be known as “The Comprehensive Clean Community Ordinance, to read as follows:

## SECTION I. DEFINITIONS

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates a different meaning:

**Abandoned property:**

Vehicles, bicycles and other personal property left unattended on a public street, road, highway or other public property for a period of at least five (5) days.

# Authorized litter receptacle:

A litter storage and collection receptacle as required and authorized by this article.

# Building materials:

Any materials or other substances accumulated as a result of repairs or addition to existing buildings or structures, construction of new buildings, demolition of existing buildings or moving of buildings.

# Compostable trash:

Every waste accumulation of lawn grass, tree trimmings, shrubbery or dry leaf rakings that is free of dirt, rocks, non-compostable trash and bulky waste.

# Cover:

Any device, equipment, container, close fitting tarpaulin, chain, rope, write or line used on vehicles to prevent any part of a vehicle load to shift, blow, leak, fall or escape in any manner from the vehicle.

# Derelict property:

Any Items such as wrecked or Junked property, which has been left abandoned or unprotected from the elements, Including but not limited to wrecked, or partially dismantled motor vehicles, trailers, boats, machinery refrigerators, washing machines, plumbing fixtures and other articles. Wrecked or partially dismantled motor vehicles include any vehicle which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety Inspection certificate and/or the condition of which is wrecked, dismantled, partially dismantled, inoperable, abandoned or discarded and is not capable of being legally driven upon the public streets of the city.

# Garbage:

The by-product of animal or vegetable foodstuffs resulting from handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as breeding or feeding material for flies or other insects or animals.

# Handbill:

Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed matter or literature which is not delivered by United States mail, except that handbill shall not include a newspaper.

# Litter:

Any uncontained man-made or man-used waste which, if deposited within the city otherwise than in an authorized litter receptacle, tends to create a danger to public health, safety, and welfare or to impair the environment of the people of the city. Litter may include, but is not limited to, any garbage, trash, refuse, paper, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle part, furniture, oil, or nauseous or offensive matter of any kind, or any object likely to injure any person or create traffic hazard.

# Newspaper:

A paper that is printed, published and distributed daily, weekly, or at some other regular and usually short interval and that contains news, articles of opinions as editorials, features, advertising or other matters regarded as of current interest.

# Park:

A public or private park, reservation, playground, beach, recreation center or any public or private area devoted to active or passive recreation, or any other area under the supervision of the department of parks and recreation.

# Parking lots:

Any private or public property with provisions for parking vehicles, to which the public is invited or which the public is permitted to use or which Is visible from any public place or private premises.

# Person:

Any person, owner or lessee, firm, business, partnership, sole proprietorship, association, corporation, company or organization of any kind.

# Private premises

Any dwelling house, building or other structure designed to be 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, mailbox, or other structure belonging or appurtenant to such dwelling house, building or other structure.

# Public premises:

All premises and buildings frequented by the general public, whether public or private.

# Refuse:

All solid wastes including garbage, rubbish, ashes, trash construction debris, and street cleanings, including Industrial or hazardous wastes, and animal, vegetable 3

and/or other matter that results from the preparation, processing, consumption, dealing in, handling, decomposition of meats, fish, birds, fruits, grains, or other animal or vegetable matter Including, but by no way of limitation, used cans and other food containers; and all easily decomposable waste animals or vegetable matter which is likely to attract flies, Insects or animals.

**Vacant parcels adjacent to improved property:**

Any parcel of land, located in a residential neighborhood, that has been developed and at one time a dwelling house, building and/or structure existed upon it.

**Vehicle:**

Any device in, upon or by which a person or property is or may be transported upon a highway, road, or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

**Weeds:**

Any undesired, uncultivated plant that grows in profusion so as to crowd out or disfigure a lawn, or any plant that is useless, harmful or troublesome,' or any plant that may conceal pools of water, litter, refuse or any other substances that may be detrimental to health or safety and which is found to be growing on any parcel of land which has at some time been cleared or altered in any way from Its original natural state.

**SECTION II. UNCLEAN PREMISES**

It shall be unlawful for any persons owning real property in the city to permit weeds to remain uncut thereon, to permit cisterns thereon, to permit rubbish to remain thereon, to permit dilapidated fences thereon, to permit outside toilets thereon, to permit dilapidated buildings and other debris thereon, to permit cesspools thereon, or to permit standing water thereon. The term "dilapidated buildings and other debris" as herein used shall mean any building or dwelling that has been damaged or destroyed by fire or windstorm to such an extent as to become uninhabitable or unusable, unless such a building or dwelling is renovated, repaired, or reconstructed within ninety (90) days following such fire or windstorm casualty.

**SECTION III. Litter.**

(a) *Littering prohibited:* It shall be unlawful for any person to throw, discard, or deposit litter in any manner or amount in or upon public property, private property, highway, street, right-of-way, body of water or park in the city except in public receptacles, and authorized private receptacles for collection.

(b) *Placement of litter in receptacles required:*

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(1) It is unlawful for any person to deposit anything except litter in any receptacle placed for public use as a depository for litter.

(2) All persons shall store their litter in lead-free containers so as to eliminate wind-driven debris and unsightly litter in and about the property owned, operated or controlled by them. Spillage and overflow around containers shall immediately be cleaned up as it occurs.

(3) Persons owning or occupying property shall keep sidewalks and right-of-way areas in front of their premises free of litter. No person shall sweep or deposit any accumulation of litter into any gutter, street, parking lot, or other public place within the city.

(4) All construction and demolition contractors, owners or agents shall provide on-site receptacles as a means to secure loose debris, paper building materials, wastes, and other litter to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.

(5) It shall be the duty of each person, operator, owner, lessee or agents of any residence, business, industry, institution, private or public, to keep its property clean and free of litter.

(6) It shall be the duty of every person in possession, charge of or in control of any place, public or private, where litter is accumulated or generated, to provide and at all times to keep said litter in adequate and suitable receptacles and/or containers capable of holding such materials until proper final disposal is accomplished.

(7) Any unauthorized accumulation of litter on any public or private property is a violation of this article.

(8) No person shall sweep into, blow or deposit in any gutter, street or other public place within the city the accumulation of grass clippings from any building or lot from any public or private sidewalk or driveway,

(c) Loads on vehicles:

(1) No person shall drive, move, park or in any other way operate any vehicles within the city unless said vehicle is loaded so as to prevent any of its load from dropping, shifting, leaking, blowing or otherwise escaping there from. In the event that the vehicle is hauling material such as dirt, gravel, sand, shells, rock, litter or any other materials that could fall or blow from the vehicle, then said vehicle must be covered or secured with a close-fitting tarpaulin or other appropriate cover.

(2) Any owner, lessee or driver of any vehicle from which any materials or objects have fallen, blown, leaked, shifted or otherwise escaped shall immediately cause said materials or objects to be cleaned up at their own expense.

SECTION IV. Garbage, refuse.

(a) It shall be unlawful for any person to place, deposit or cause to be placed or deposited upon the streets of the city or any other public place or park any garbage or refuse unless contained or prepared in accordance with this article.

(b) It shall be unlawful for any person to accumulate or permit to be accumulated any garbage or refuse upon a premises owned or occupied by that person.

(c) It shall be unlawful to remove, examine or in any way disturb any garbage or refuse deposited on the streets or public right-of-way in the city for collection and disposal by the city, or authorized agents of the city engaged in its disposal, or other persons charged with enforcement of this article.

(d) Residential units and light commercial entities shall place garbage, trash and recyclables in a location that is readily accessible to the city or its' agents and their equipment. Placement of containers or debris shall not exceed five (5) feet from the curb or edge of traveled portion of road and shall not under any circumstances be placed in any drainage ditch. Placement shall occur by 6:00 a.m. Monday through Friday and shall be removed no later than 7:00 p.m. Residents sixty-five (65) years or older or those Residents certified by licensed physician to be physically unable to bring their garbage to the curb shall be exempt from this requirement.

SECTION V. Enforcement procedure.

(a) The building codes official, any building inspector, designated litter control officer, or any uniformed police officer of the city is hereby empowered to issue corrective written notices or citations to persons in violation of any of the provisions of this article.

(b) Prosecution for a violation of this article shall be Initiated by any official authorized to issue corrective written notices or citations who has sufficient probable cause or who discovers an article of litter bearing a person, corporation, company, firm, business or institution's name or address on property of another or on any public property. It shall be presumed that any article of litter so discovered is the property of such person whose name or address appears thereon, and said person placed or caused to be placed upon such article of litter; provided, however, that such presumption shall be rebuttable by competent evidence. This presumption is based on the tenet all generators of such litter are responsible for such litter until such time [that the litter] has been properly disposed of.

(C) Corrective written notices may be issued to violators of this article to correct an offense, in lieu of arrest. The notice shall state the date and time issued, nature of the offense committed, corrective measures to be taken and the date and time such corrections shall be made. All such notices issued shall be maintained by the issuing authority for public inspections during normal office hours. Notices mailed by certified mail, return receipt requested, mailed to the violator's last known place of residence, shall be deemed personal service upon the person for the purpose of this article.

(c) Any person who has been served such notice in accordance with the provisions of this article, and shall neglect or shall fail to fully comply with the corrective notices so ordered and/or within the time frame so ordered therein, shall be in violation of this article.

(d) Upon the failure, neglect or refusal of any person so notified to properly remove and dispose of litter on their property or premises within ten (10) days after issuance of corrective notice, the city may effect the removal of the litter and charge the owner and occupier of such property the actual cost of removal in accordance with the provisions of Miss. Code Ann. Title 21, chapter 19, section 11, (1972, as amended).

SECTION VI. Control of weeds, grasses.

(a) It shall be unlawful for any person to fail to cut grass, weeds, or other overgrowth vegetation on improved property or on vacant parcels less than ten (10) acres when such vegetation is of a height greater than one (1) foot on the average, said condition being declared a nuisance in that it may permit the property to serve as a refuge for rodents, snakes and/or varmits, or create a fire hazard. All other vacant parcels adjacent to improved property shall be kept similarly cut within one hundred (100) feet of such improved property.

(b) Enforcement of section VI. shall be carried out pursuant to Miss. Code Ann. Title 21, chapter 19, section 11, (1972) or as hereafter amended or via the fines and penalties laid out herein below.

SECTION VII. Abandoned property.

(a) Property determined to "abandoned property" as defined above, shall be subject to sale under the provisions of §21-39-21, Mississippi Code of 1972.

(b) The purchasing supervisor of the city is hereby designated as the person and

official to act as the representative of the city and its governing authorities to make sales of personal property under §21-39-21, Mississippi Code of 1972, and he is hereby authorized, empowered and directed to give all notices, to make all determinations, to set the dates for and conduct all sales, to make all reports and to do any and all other things required in the disposition of personal property pursuant to Title 21, chapter 39, section 21 Mississippi Code of 1972.

SECTION VIII. Derelict property.

(a) Prohibition. No person shall suffer, permit, allow or themselves place, abandon, leave, keep or store any derelict property upon private property in the city. City-licensed junk car dealers and salvage businesses are excluded from this prohibition.

(b) Presumption. If any prohibited item shall remain on private property for fifteen (15) days or more, it shall be presumed that its presence there resulted from the act or consent of the landowner and tenant in possession.

(c) Service of notice. The owner or tenant in possession of private property upon which a violation exists shall remove or abate it within thirty (30) days from service of written notice from the city to do so. Such notice shall be served upon such owner or tenant personally or by leaving it at his dwelling house or usual place of abode with a competent member of his family of the age of sixteen (16) years or over than residing therein or upon a partnership, corporation or association by serving personally a partner, officer, director, trustee, managing, general or registered agent, but if such person does not reside or maintain an office within the city, the notice shall be served by certified mail and also by ordinary mail, postage prepaid, addressed to the known residence, office or principal place of business. If service of written notice is refused, and the certified mail envelope is returned with an endorsement showing such refusal, or the return of the person serving such notice states that service has been refused, notice shall be deemed complete when the fact of refusal is entered of record. Failure to claim certified mail is not refusal of service. If address is unknown, then service shall be accomplished by notice published once in the newspaper in which the legal notices of the city may be published.

(d) Violations; abatement.

(1) It shall be the duty of the building official to enforce this section. The building official, on routine inspection or upon receipt of a complaint, may investigate the suspected premises to determine whether to issue the notice provided for hereinabove. Thirty (30) days after service of the notice, the 8

building official shall Inspect the premises and conditions in the notice and, if conditions persist, he shall cite the owner or tenant for a violation of subsections (a)-(c) above if found within Neshoba County and shall apply to the municipal court of the city for an order directing the owner or tenant to show cause at a hearing, in the court why the conditions described in the notice and order should not be abated. The order shall be served upon a suspected violator, wherever he may reside or be found, in the manner provided by subsection herein, with diligent attempt first made for personal service by any process server, sheriff or his deputy or city officer or other official. This order shall also inform the subject person that the public nuisance, if found by the court to exist, will be abated by city employees and equipment or those of a private contractor and that all costs of the abatement and storage and disposal of any property recovered, including a twenty-five (25) percent penalty will be assessed against the owner or tenant and that in the case of the owner, the land described in the notice will be subject to a lien for the costs and penalty and the same, if unpaid, will result in the land being sold for satisfaction of the lien as is done in the cases of delinquent taxes. The notice shall also inform the subject person that he will be subject to a fine and be assessed court costs if the court finds him guilty of violating this section.

(2) Whether or not the person responsible for the offending condition appears, if the municipal court finds that this article has been violated, it shall enter an order of abatement, and, if such abatement Is not taken by the person or persons cited or notified, city employees or others under contract with the city shall be authorized to abate the offending items' conditions.

(3) Any such personal property coming into the possession and control of the city shall be disposed of in the manner set forth herein.

a. The city, upon removing personal property, except motor vehicles as defined by the Mississippi Motor Vehicles Title Law, shall cause to be posted, in three (3) public places in the municipality, notice that such property has been removed. Such notice shall contain an accurate and detailed description of such property and, if the city is advised to who owns such property, a copy of such notice shall be mailed to such person or persons In addition to being posted as herein required. In the case of motor vehicles, as above defined, the last known registered owner and all lien holders of record shall be notified by certified mail of the location of the vehicle and of the fact that if not claimed and all costs of removal, towing and storage are not paid, said vehicle will be sold at a certain date, time and 127

place. The owner of such property may recover the same by filing a claim with the city, establishing his right thereto and paying all costs of removal, towing and storage and a twenty-five (25) percent penalty. The city may require bond of the person claiming the property before delivering same to him. Parties having adverse claims to the property may proceed according to law as now provided by statutes.

b. If no person claims the property within ninety (90) days from the date the notice provided for above is given, or within forty (40) days in the case of motor vehicles, the city shall cause the same to be sold at public auction to the highest bidder for cash after first posting notice of such sale in three (3) public places in the municipality at least ten (10) days preceding the date of such sale or, in the case of motor vehicles whose last registered owner or all lien holders cannot be identified and their addresses found, notice of sale shall be made by publication once each week for three (3) consecutive weeks in a newspaper of general circulation in Neshoba County, Mississippi. If a motor vehicle, as defined or otherwise, has no market value and two (2) automobile dealers make written certification of such fact, the city may dispose of the same at private sale on or after the date of sale duly noticed as otherwise provided herein. The notice shall contain a detailed and accurate description of the property to be sold and shall be addressed to the unknown owners or other persons interested in the property to be sold. The notice shall also set forth the date, time and location such sale is to be conducted and shall designate the person who is to make the sale, which person shall be some official designated by the city.

c. The person or officer designated and making the sale of such property shall promptly, upon completion of the sale, deliver to the city clerk of the municipality a copy of the notice authorizing the sale, a list of the property sold, the amount paid for each item, the person to whom each item was sold, and all received monies received from such sale, whereupon, the clerk shall deposit the monies in the general fund of the municipality and shall file the information concerning the sale among the other records of this office. In the case of any property against which a lien has been filed, the lien shall be marked "satisfied" to the extent of the net proceeds after any costs of sale, storage accruing after original assessment of the removal, towing and storage plus the twenty-five (25) percent penalty.

d. If, within twelve (12) months after date of the sale provided for above, any person, other than the property owner, claims to be the 10

owner of the property sold, the governing authorities shall, upon satisfactory proof of ownership, pay to such persons the net proceeds of the sales price less any removal, towing, storage and sale costs plus the twenty-five (25) percent penalty and the city may require of such person a bonding such cases as they may deem advisable.

(d) Anyone who shall violate this section and operation of any abatement order may be fined not more than one hundred dollars ($100.00) and all costs of court. For conviction of a first offense of violation of subsections (a)-(c) above, any fine as set forth herein shall be assessed, such fine, or any portion thereof, shall be suspended upon condition that the offending items on the private property be removed within fifteen (15) days and the building official certifies such has occurred to the municipal court.

SECTION IX. Waste Tires

Purpose and Intent. It is declared to be the purpose and intent of the City to protect the public health, safety, and welfare of its citizens, prevent the spread of disease and creation of nuisances, and to protect and enhance the quality of its environment. The purpose of this ordinance is to institute and maintain a city-wide program of standards related to tires which will assure that the storage, transportation, collection, processing and disposal of tires does not adversely affect the health, safety, and well-being of the general public and does not degrade the quality of the environment, potential of economic development, and the value of real properties.

Definitions. As used in this Article, the following words and phrases shall have the meaning ascribed to them herein:

A. "Dump" shall mean to throw, discard, place, deposit, discharge, bury, or dispose of.

B. "Person" shall mean any and all persons, natural or artificial, including any individual, firm or association.

C. "Tire" shall mean a continuous solid or pneumatic rubber covering encircling the wheel of a bicycle, motorcycle, automobile, truck, trailer, tractor or other vehicle.

D. "Tire Business" shall mean and include any place or establishment engaged in the business of selling/reselling new, previously used, second hand, or second quality tires or that generates waste tires and is occupied, used or maintained for the purpose of offering, transporting, repairing, processing, storing, utilizing, and disposing of any and all types of such tires.

E. "Waste tire" shall mean a tire that is no longer suitable for its original

intended purpose because of wear, damage, or defect. Waste tire also includes any tire that is destined for a tire disposer or reprocessor (i.e., recapper).

F. "Waste tire hauler" shall mean any person engaged in the business of picking up or transporting waste tires for the purpose of removal to a tire recycling facility, waste tire disposer, processor, end user, or disposal facility, or other location, or anyone transporting tires from a waste tire generator to any location; whether or not licensed by the MDEQ.

G. "Waste tire disposer" shall mean any person who is approved by the Mississippi Department of Environment Quality to receive waste tires from waste tire generators or waste tire haulers for the purpose of waste tire processing, shredding or otherwise facilitating recycling or resource recovery techniques for waste tires.

H. "Waste tire generator" shall mean any person or entity that generates waste tires. Generators may include, but are not limited to, retail tire dealers, retreaders, waste tire Disposers not approved by MDEQ, automobile dealers, private company vehicle maintenance shops, garages, service stations.

I. "Store" shall mean to cause a tire to rest or stay in a location.

**Destruction of Tires.** Any tire that is no longer suitable for its original intended purpose or deemed unfit for resale by a tire business shall be rendered unusable and properly disposed of at an authorized tire disposal or recycling facility. Each tire business and tire hauler shall have one month (1 month) from the effective date of this ordinance to comply with this provision. Failure to comply with this requirement shall be governed by the provisions of this Ordinance for non-compliance.

**Storage of Tires.** Tires shall be properly stored in accord with local, state and federal law. To eliminate potential nuisances of litter, insect breeding, fire hazards and other health risks, at all times during storage:

A. If a business: During hours of operation, store tires in covered or enclosed areas, or under an impermeable cover, in accordance with applicable health and safety laws, including but not limited to the City's fire prevention code, to prevent the accumulation of water; During hours the business is closed, no tires may be left outdoors unless in systems that totally protect the tires from the elements of weather and from the view of the public. Detached structures enclosing tires shall be structures designed for the purpose of such storage and structures approved by the Philadelphia Building Code department; with the intention that all such structures meet the structural requirements of the city and shall comply with any building or construction standards or codes. Painted plywood structures are specifically not permitted. [130]

B. Neither tire businesses, tire haulers or individuals shall not store tires outdoors for more than five (5) days. Neither individuals nor tire businesses may use tires as structural members of any kind.

C. Tires shall be secured at tire business facilities to prevent easy access or theft. Lock, chain, or store inside a building or other securable structure;

D. Waste tires shall be accumulated in piles hidden from the view of public and in accordance with the City’s fire prevention code;

E. Tires shall be isolated from other stored materials that may create hazardous products if there is a fire, including, but not limited to, lead acid batteries, fuel tanks, solvent barrels, and pesticide containers.

Place for Disposal of Tires.

It shall be unlawful for any person or tire business to cause, suffer or allow the dumping of tires at any place in the City of Philadelphia including, without limitation, in Or on any public highway, road, street, alley, or thoroughfare, including any portion of the right of way thereof, any public or private property in the City or any waters in the City. Notwithstanding the foregoing, residential property owners within the City may properly discard up to four (4) rimless used or waste tires on the curbside immediately in front of the property owner’s residence for normal trash pick-up without violating this provision, if allowed, nothing in this Ordinance shall guarantee the right of curbside tire pickup; provided that such tires are discarded for removal as set forth herein above.

A. It shall be unlawful for any person or tire business to cause, suffer, or to knowingly allow the disposal of whole tires in an unapproved landfill.

B. Tires shall be properly disposed of in accordance with this Ordinance by the delivery and manifesting of tires to an authorized tire disposal or tire recycling facility designated by the State of MS Department of Environmental Quality or equivalent agency of another state. Tire Businesses contracting with a tire hauler(s) for the proper disposal of tires generated by such business shall require such hauler(s) utilize a transmittal manifest documenting the pick-up and delivery of the tires to an authorized tire disposal or tire recycling facility.

Administration/Enforcement.

A. Administration and enforcement of this Article shall be the responsibility of the City of Philadelphia. The City, by and through its authorized

representatives, is hereby authorized to enter any property regulated by this ordinance, at reasonable or necessary times in order to properly inspect for violations.

B. The City of Philadelphia is hereby authorized to promulgate all such rules and regulations considered necessary and proper to effectuate the implementation and enforcement of this Ordinance.

**Violations and Penalties.**

A. In addition to the penalties set forth in this Ordinance, any tire business or tire hauler violating or failing to comply with any provision of this ordinance shall be guilty of a misdemeanor, subject to a civil penalty of up to one thousand dollars ($1000) per offense. Each day of continued violation shall constitute a separate offense.

B. The improper storage of one or more tires shall constitute a separate offense per tire and be punishable by a fine of fifty dollars ($50) per improperly stored tire. Each day of continued violation of this subsection constitutes a separate offense.

C. The improper dumping of a tire by a person, business, entity, or other shall constitute a separate offense per tire and be punishable by a fine of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250) per tire found improperly dumped that is related back to a specific business, entity, or person. Each day of continued violation of this subsection constitutes a separate offense.

**Injunctive relief.** In addition to, and cumulative of, all other penalties herein provided, and except in the case of superseding laws to the contrary, the City shall have the right of injunctive relief, for any violation(s) of this Ordinance, or the right to request injunctive relief if the violator is not based in Philadelphia and/or is protected by superseding law. Such relief shall be requested by the City administration through a court of competent jurisdiction.

**SECTION X. Conflict of Provisions.**

All provisions of the Code of Ordinances of the City of Philadelphia, Mississippi, not in conflict herewith shall remain in full force and effect as heretofore provided. The provisions of this Ordinance are hereby severable. If any of these sections, provisions, sentences, clauses, phrases or parts are held unconstitutional or void, the remainder of this Ordinance shall continue in full force and effect.

**SECTION XI. Penalties.**

In addition to the enforcement procedures set out herein or authorized by law in any person found guilty of a violation of the foregoing sections I through XI shall be subject to the following penalties: 14

(1) Upon conviction of any person for the first offense of violating any provision of this article, such person shall be issued a written warning with a permanent record thereof being retained at city hall, shall pay all costs of court, and may be fined seventy-five dollars ($75.00).

(2) Upon any second conviction of any person of violating provisions of this article, such person shall be required to perform such community service work as the municipal Judge may prescribe and shall be fined two hundred dollars ($200.00) and all costs of court.

(3) Upon any third and subsequent conviction of any person of violating any provision of this article, such person shall be sentenced to serve not more than thirty (30) days In the municipal jail, or sentenced to community service work for not less than thirty (30) days nor more than six (6) months, and shall be fined not less than five hundred dollars ($500.00) and all costs of court.

SECTION XII. MUNICIPAL PROPERTY

Nothing contained herein shall prevent the City of Philadelphia from operating a landfill or rubbish collection site within the municipal boundaries of the City of Philadelphia, Mississippi.

SECTION XIII. Findings and compliance with administrative guidelines.

Upon passage by the members of the Board of Mayor and Aldermen this ordinance shall be in full force and effect thirty days after its passage and publication as required by law, finding it serves the public peace. health and safety of the citizens of Philadelphia and will enhance quality of life opportunities, town livability and atmosphere. It shall be published according to law. spread on the minutes of the Board of Mayor and Aldermen for the City of Philadelphia.

After a full discussion of this matter. Alderman **Justin Clearman** moved that the foregoing Resolution to adopted and said motion was seconded by Alderman **James Walton** and the vote thereupon was as follows:

Jim Fulton Aye James Tatum Aye Shaun Seales Aye James Waltman Aye Justin Clearman Aye

Whereupon the foregoing Ordinance was declared adopted on this 14th day of May, 2023.

THE CITY OF PHILADELPHIA, MISSISSIPPI

/s/ James Young JAMES YOUNG, MAYOR

ATTEST:

Nikki Walton NIKKI WALTON