GENERAL PROVISIONS

Olive Branch Code of Ordinances ch. 1

in effect

Olive Branch Code of Ordinances § 1-1 Designation and citation of Code.

Sec. 1-1. - Designation and citation of Code. The ordinances embraced in the following chapters shall constitute and be designated as the "Code of Ordinances of the City of Olive Branch, Mississippi," and may be so cited. The Code may also be cited as "Olive Branch City Code."

Olive Branch Code of Ordinances § 1-2 Definitions and rules of construction.

Sec. 1-2. - Definitions and rules of construction. In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the mayor and board of aldermen: Board; board of aldermen. Whenever the term "board" or "board of aldermen" is used in this Code, it shall mean the mayor and board of aldermen of the City of Olive Branch, Mississippi. City. The words "the city" or "this city" shall be construed as if the words "of Olive Branch, Mississippi" followed them. Code. Whenever the term "Code" is used without further qualification, it shall mean the "Code of Ordinances of the City of Olive Branch, Mississippi," as designated in section 1-1. Computation of time. The time within which an act is to be done shall be computed by reference to state law. Corporate limits, corporation limits, city limits. Whenever the words "corporate limits," "corporation limits," or "city limits" are used they shall mean the legal boundary of the City of Olive Branch, Mississippi. County. The words "the county" or "this county" shall mean the County of Desoto in the State of Mississippi. Delegation of authority. Whenever a provision appears requiring or authorizing the head of a department or agency of the city to do some act or make certain inspections, it shall be construed as authorizing the head of the department or agency to designate, delegate and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section designate otherwise. Gender. Words importing the masculine or feminine gender shall include the neuter. Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Keeper; proprietor. Whenever the word "keeper" or "proprietor" is used it shall mean persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee. Law. The term "law," when used in any ordinance, shall include any provision of the constitution of the United States or the State of Mississippi, and any statute of the United States or the State of Mississippi, and any ordinance, resolution or order of the mayor and board of aldermen. MCA 1972. The term "MCA 1972" shall mean the Mississippi Code Annotated of 1972, as amended from time to time. Month. The word "month" shall mean a calendar month, unless otherwise expressed. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. Words used in the singular number only, either as descriptive of persons or things, shall extend to and embrace the plural number; and words used in the plural number shall extend to and embrace the singular number. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Offense. The term "offense" shall mean any violation of an ordinance liable to punishment by criminal prosecution. Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it. Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land. Person. Whenever the word "person" is used it shall include, mean and be applied to any natural individual, firm, company, partnership, association, organization, joint stock company, joint adventure, public or private corporation, or to a receiver, executor, trustee, conservator or other representative appointed by order of any court or in any other manner. Personal property. The term "personal property" shall include goods, chattels, effects, evidences of rights of action, and all written instruments by which any pecuniary obligation or any right, title or interest in any real or personal estate shall be created, acknowledged, transferred, incurred, defeated, discharged or diminished. Preceding, following. The words "preceding" and "following" shall mean the next before and the next after, respectively. Premises. Whenever the word "premises" is used it shall mean place or places. Property. The term "property" includes personal property and also every estate, interest and right in lands, tenements and hereditaments. Real property. The term "real property" shall include every estate, interest or right, in lands, tenements and hereditaments. Residence. Whenever the word "residence" is used it shall mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence. Seal. Whenever the word "seal" is used it shall mean the city or corporate seal. Shall, may. The word "shall" is mandatory; the word "may" is permissive. Sidewalk. The word "sidewalk" means that portion of a street between curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Signature or subscription. The "signature" or "subscription" of a person includes a mark when the person cannot write. State. The words "the state" or "this state" shall mean the State of Mississippi. Street or highway. The word "street" or "highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. Tenant, occupant. Whenever the word "tenant" or "occupant" is applied to a building or land, it shall include any person holding a written or oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Title of officer, department, board or commission. Whenever the title of an officer, department, board or commission is given, it shall be construed as though the words "of the City of Olive Branch" followed it. Week. Whenever the word "week" is used, it shall mean seven days. Written; in writing. The word "written" or "in writing" may include printing, engraving, lithographing or any other representation of words, letters or figures; except that in all cases where the signature of any person is required, it shall always be the proper handwriting of such person, or, in case he is unable to write, his proper mark. Year. The word "year" shall mean a calendar year, unless a contrary intention is expressed. (Ord. of 2-5-19(1), § 3(Exh. A))

Olive Branch Code of Ordinances § 1-3 Catchlines of sections; references, editor's notes; history notes.

Sec. 1-3. - Catchlines of sections; references, editor's notes; history notes. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (b) The references and editor's notes appearing after sections throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code. (c) The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

Olive Branch Code of Ordinances § 1-4 Effect of Code on existing ordinances.

Sec. 1-4. - Effect of Code on existing ordinances. The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time this Code is adopted, shall be considered as continuations thereof and not as new enactments.

Olive Branch Code of Ordinances § 1-5 General penalty; continuing violations.

Sec. 1-5. - General penalty; continuing violations. (a) In this section the expression "violation of this Code" means: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a public offense, an offense against the city or a misdemeanor by ordinance or by rule or regulation authorized by ordinance; (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or (3) Failure to perform an act if the failure is declared a misdemeanor, an offense, a public offense, an offense against the city or unlawful by ordinance or by rule or regulation authorized by ordinance. (b) In this section the expression "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty, unless it is provided that failure to perform the duty is to be punished as provided in this section. (c) Except as otherwise provided, each person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment or confinement at hard labor for a term not exceeding 90 days or any combination thereof. The penalty imposed upon a corporation shall consist of the fine only, plus costs of court. No penalty shall exceed the maximum established by state statute for the commission of a substantially similar offense. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense. (d) The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise. (e) Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

Olive Branch Code of Ordinances § 1-6 Miscellaneous ordinances and actions not affected by Code.

Sec. 1-6. - Miscellaneous ordinances and actions not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect: (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the adoption of this Code; (2) Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds for the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; (3) Any ordinance fixing salaries of officers or employees of the city; (4) Any appropriation ordinance; (5) Any right or franchise granted by any ordinance or resolution to any person, firm or corporation; (6) Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the city; (7) Any ordinance establishing and prescribing the street grades of any street in the city; (8) Any ordinance providing for local improvements or assessing taxes therefor; (9) Any ordinance dedicating or accepting any plat or subdivision in the city or providing regulations for the same; (10) Any ordinance annexing property in the city; (11) Any zoning or subdivision ordinance in the city; (12) Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, or limitations on loads of vehicles or loading zones, not inconsistent with such Code; (13) Any ordinance fixing utility rates and charges; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Olive Branch Code of Ordinances § 1-7 Constitutionality.

Sec. 1-7. - Constitutionality. If any part, section or subsection, sentence, clause or phrase of this Code, or its application to any persons or circumstances, is for any reason declared to be unconstitutional, invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this Code or their application.

Olive Branch Code of Ordinances § 1-8 Amendments to Code; effect of new ordinances; amendatory language.

Sec. 1-8. - Amendments to Code; effect of new ordinances; amendatory language. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the mayor and board of aldermen to make them a part hereof, shall be deemed to be incorporated herein, so that a reference to the Code shall be understood and intended to include such additions and amendments. (Ord. of 2-5-19(1), § 3(Exh. A))

Olive Branch Code of Ordinances § 1-9 Supplementation of Code.

Sec. 1-9. - Supplementation of Code. (a) Supplements to this Code, whether by contract or by city personnel, shall be prepared and printed whenever authorized or directed by the board. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the board during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated in the Code); (5) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinance sections inserted in the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. (Ord. of 2-5-19(1), § 3(Exh. A))

Olive Branch Code of Ordinances § 1-10 Altering Code.

Sec. 1-10. - Altering Code. It shall be unlawful for any person to change or alter by additions or deletions any part or portion of this Code or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the city to be misrepresented.

Olive Branch Code of Ordinances § 1-11 Effect of repeal of ordinances.

Sec. 1-11. - Effect of repeal of ordinances. (a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or matter covered under the ordinance repealed.

Source: City of Olive Branch, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/olive_branch/codes/code_of_ordinances?nodeId=COOR_CH1GEPRFetched: 11/1/2026