PURPOSE, INTENT AND FINDINGS

Gulfport Code of Ordinances ch. 5, art. XV, div. 1

in effect

Gulfport Code of Ordinances § 5-430 Purpose and intent.

Sec. 5-430. - Purpose and intent. (a) In the development and adoption of this article, it is recognized that rehabilitation health clinics and plasma centers, as such terms are defined herein, can and do have serious objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, public parks, churches, public buildings, schools and other such similar facilities, thereby having a deleterious impact upon the public health, safety and welfare, and that such businesses frequently become places of criminality and bring crime to an area. (b) It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure those controls and regulations necessary to preserve the integrity and character of residential neighborhoods, the stability of property values, and impose restrictions and regulations upon those activities that would adversely affect property values, increase crime and violence, and prevent adverse secondary effects that will contribute to the blighting or down grading of adjacent neighborhoods. It is the secondary effects that will contribute to the blighting or down grading of adjacent neighborhoods. It is the further purpose of this article to protect the well-being of the citizens of the community from objectionable operational characteristics of these clinics by regulating and restricting their close proximity to established certain facilities such as, without limitation, churches, parks, schools and residential areas. (c) It is not the intent of this article to inhibit the operation of these clinics or to inhibit the availability of opiod medication to those to whom it is legally prescribed or to inhibit the ability of persons to sell plasma legally. (d) The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the ability of one who has been legally prescribed opiod medication to obtain those medications or the ability of one who desires to sell his/her plasma. Similarly, it is neither the intent nor effect of this article to restrict or deny access to opiod medication by those for whom opiod medication has been prescribed or to restrict or deny access to a location where plasma may be sold legally. This article represents a balancing of the legitimate ends of the community by imposing an incidental, content-neutral place, time and manner regulation of rehabilitation health clinics and plasma centers. The regulations deemed necessary to control the undesirable externalities arising from these businesses are set forth in this article. (e) Neither is it the intent nor effect of this article to condone or legitimize the distribution, sale or consumption of opiod medications illegally. (Ord. No. 2904, § A(Exh. A), 5-23-17)

Gulfport Code of Ordinances § 5-431 Findings.

Sec. 5-431. - Findings. Based on evidence concerning the adverse secondary effects of rehabilitation health clinics and plasma centers (as such terms are defined herein) on the community in reports made available to the city's governing authorities, the city's governing authorities (mayor and city council) make and identify the following non-exhaustive findings: (1) Rehabilitation health clinics and plasma centers (hereinafter, clinics and centers) lend themselves to ancillary unlawful and unhealthy activity that are presently uncontrolled or uncontrollable by the operators of the clinics and centers. (2) Anecdotal evidence demonstrates that criminal activity occurs with more frequency in neighborhoods where clinics and centers are located, including petit larcenies, vehicular burglaries, attempted burglaries, theft, intimidation, trespassing, vandalism, sale or purchase of illicit substances and/or methadone. (3) Illicit exchange of methadone for money on clinic property is disturbing and illegal and not something that the city welcomes in its residential neighborhoods or commercial areas. (4) Use of funds derived from sale of plasma at centers for the purchase of illegal drugs is disturbing and not something that the city welcomes in its neighborhoods or commercial areas. (5) Public urination and public defecation (ie, lewd conduct) by clients of the clinics are reported and witnessed on clinics grounds and on property owned by others and such diminishes the quality of life in or around residential or commercial neighborhoods. (6) Erratic driving and driving at high rates of speed have been witnessed and reported in areas around clinics and such is not conducive to residential or commercial neighborhoods. (7) Patrons of clinics are known to arrive early, sometimes hours before the clinic opens, and to loiter in the parking lots of the clinics for hours; clinics attract a large number of patrons on any given day which greatly increases traffic in the area of the clinic. (8) Patrons of centers are known to depart the centers and immediately utilize the funds obtained to procure illicit drugs at nearby facilities or business entities. (9) Erratic behavior by patrons of clinics has been demonstrated to be of concern to neighboring property owners. (10) The findings noted in paragraphs numbered (1) through (9) raise substantial governmental concerns and require immediate attention to protect the public health and safety. (11) Rehabilitation health clinics and plasma centers have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (12) A reasonable zoning and other regulations are appropriate mechanisms to place the burden of that reasonable regulation on the owners and operators of rehabilitation health clinics and plasma centers. Further, such regulations will place a heretofore nonexistent incentive on operators to see that the rehabilitation health clinics and plasma centers are run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the city. (13) Placing rehabilitation health clinics and plasma centers in areas of the city which are removed, generally, from residential and commercial areas will enhance the city's ability to protect the public health and safety and to allow these businesses to operate in a manner that least restricts their ability to accomplish their commercial goals. (14) The general welfare, health, morals, and safety of the citizens of this city will be promoted by enactment of this article. (Ord. No. 2904, § A(Exh. A), 5-23-17)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH5LIBURE_ARTXVREHECLPLCE_DIV1PUINFIFetched: 11/1/2026