Tupelo Code of Ordinances § 13-36 Short title.
Sec. 13-36. - Short title.
This article shall be known and may be cited as the "Tupelo Anti-Litter Ordinance."
(Ord. of 4-3-62, § 1)
LITTERING
Tupelo Code of Ordinances ch. 13, art. III
in effectTupelo Code of Ordinances § 13-37 Definitions.
Sec. 13-37. - Definitions.
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.
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)
Tupelo Code of Ordinances § 13-38 Litter in public places.
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)
Tupelo Code of Ordinances § 13-39 Placement of litter in receptacles so as to prevent scattering.
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)
Tupelo Code of Ordinances § 13-40 Sweeping litter into gutters prohibited.
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)
Tupelo Code of Ordinances § 13-41 Litter thrown by persons in vehicles.
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.
(Ord. of 4-3-62, § 6)
Tupelo Code of Ordinances § 13-42 Truck loads causing litter.
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)
Tupelo Code of Ordinances § 13-43 Litter in parks.
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)
Tupelo Code of Ordinances § 13-44 Litter in bodies of water.
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)
Tupelo Code of Ordinances § 13-45 Posting notices prohibited.
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)
Tupelo Code of Ordinances § 13-46 Litter on occupied private property.
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)
Tupelo Code of Ordinances § 13-47 Owner to maintain premises free of litter.
Sec. 13-47. - Owner to maintain premises free of litter.
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)
Tupelo Code of Ordinances § 13-48 Litter on vacant lots.
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)
Tupelo Code of Ordinances § 13-49 Clearing of litter from open private property, by city.
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)
Tupelo Code of Ordinances § 13-50 Penalties.
Sec. 13-50. - Penalties.
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)
Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/code_of_ordinances?nodeId=COOR_CH13HESA_ARTIIILIFetched: 11/1/2026