Sec. 114-138. - Enforcement.
(a) A violation of any provision of this article or any state or local laws, regulations, ordinances, or codes applicable to medical cannabis activities will be deemed to be a public nuisance and subject to enforcement as set forth herein.
(b) Any person violating any provision of this article, for which no penalty is otherwise specifically provided, will be deemed guilty of a misdemeanor and may be punished by a fine of not less than $100.00 nor more than $250.00 for a first offense. For any second offense occurring within a two year period of time, a fine in the amount of not less than $250.00 nor more than $500.00, and/or a period of incarceration not to exceed 30 days may be imposed. For any third or subsequent offense occurring within a two year period of time, there may be assessed a fine of not less than $500.00 nor more than $1,000.00 and/or a period of incarceration not to exceed 180 days. Each violation of any provision of this article may be deemed a separate offense. Each day of violation is a separate, continuing offense. The court, in addition to the penalties provided herein, may order the person violating this article to pay restitution to any person suffering damages resulting from the violation.
(c) The city may seek to abate the violation of this article or any state or local laws, regulations, ordinances, or codes applicable to medical cannabis activities by the prosecution of a civil action, including an action for injunctive relief. Such injunctive relief may take the form of a court order prohibiting ongoing violations and/or requiring compliance with this article. The city may also proceed as necessary under Miss. Code Ann. § 21-19-11. In the event the city is the prevailing party, in addition to the penalties provided herein, the city will be entitled to the recovery of the cost of prosecuting the civil action, including, but not limited to, the administrative costs of the city to inspect, investigate, and pursue compliance with this article, court filing fees, expert witness expenses and reasonable attorney fees.
(d) The remedies and penalties above are cumulative to all other remedies available to the city by law.
(Ord. No. 2026-10(3), 2-24-26)
