Civil Emergencies

Miss. Code Ann. tit. 45, ch. 17
in effect

Miss. Code Ann. § 45-17-1 Imposition of curfews during civil emergencies; definitions.

“Civil emergency” is defined as: A riot or unlawful assembly characterized by any use of force or violence disturbing the public peace, or any threat to use such force and violence, if accompanied by immediate power of execution, by two (2) or more persons acting together and without authority of law. Any natural disaster or man-made calamity, including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof. “Curfew” is hereby defined as a prohibition against any person or persons walking, running, loitering, standing, sitting, lying or motoring upon any alley, street, public property or vacant premises within the corporate limits of the municipality except persons officially designated to duty with reference to said civil emergency or those lawfully on the streets as defined hereinafter. “Chief administrative officer” is defined to be the mayor of any municipality. Any municipality, however, may by ordinance specially designate any official as chief administrative officer for purposes of this chapter.

Miss. Code Ann. § 45-17-3 Proclamation of emergency.

When, in the judgment of the chief administrative officer of a municipality a civil emergency as defined herein is determined to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the clerk of the municipality.

Miss. Code Ann. § 45-17-5 Curfew order to state times and places applicable; maximum duration.

After proclamation of a civil emergency by the chief administrative officer, he may order a general curfew applicable to such geographical areas of the municipality or to the municipality as a whole as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. Said proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the chief administrative officer, but not to exceed five (5) days.

Miss. Code Ann. § 45-17-7 Acts and activities which may be prohibited during emergency.

After proclamation of a civil emergency, the chief administrative officer may at his discretion, in the interest of public safety and welfare: Order the closing of all retail liquor stores. Order the discontinuance of the sale of intoxicating liquor and/or beer. Order the discontinuance of the manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever. Issue such other orders as are necessary for the protection of life and property.

Miss. Code Ann. § 45-17-9 Violations of orders may be declared misdemeanors; penalties.

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency be guilty of a misdemeanor and be punished by a fine not exceeding Three Hundred Dollars ($300.00) or six (6) months imprisonment, or both such fine and imprisonment.

Miss. Code Ann. § 45-17-11 Persons to whom curfew does not apply.

Any curfew as defined hereby shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained written permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This curfew shall not apply to medical personnel in the performance of their duties.

Miss. Code Ann. § 45-17-13 Repealed.

Repealed by Laws, 1980, ch. 491, § 37, eff from and after May 9, 1980. [Laws, 1971, ch. 411, § 1]

Starting a business in Mississippi? Mississippi LLC guide: costs and requirements