Gulfport Code of Ordinances § 2-46 Title.
Sec. 2-46. - Title.
This article shall be known as the Sand Beach Ordinance of Gulfport, Mississippi.
SAND BEACHES
Gulfport Code of Ordinances ch. 2, art. II
in effectGulfport Code of Ordinances § 2-47 Reserved.
Gulfport Code of Ordinances § 2-48 Area of jurisdiction.
Sec. 2-48. - Area of jurisdiction.
The area encompassed by this article, which shall be in full force and effect in such area, is as follows: The land being situated within the incorporated limits of the City of Gulfport, and bounded on the east by the centerline of Debuys Road in the City of Gulfport extended southward to the mean high tideline of the Mississippi, on the west by the corporate limits located immediately west of Lewis Avenue, extended southward to the mean high tideline of the Mississippi Sound; and on the south by mean high tideline of the Mississippi; and on the north by the northern edge of the right-of-way of U.S. Highway 90, less and except that portion of the sand beach beginning at the intersection of 15th Street and U.S. Highway 90, and running in a southeasterly direction to the mean high tideline of the Mississippi Sound, and continuing in a southerly direction along the mean high tide to the entrance of the small craft harbor or Bert Jones Yacht Basin.
Gulfport Code of Ordinances § 2-49 Rights of the public and adjoining landowners.
Sec. 2-49. - Rights of the public and adjoining landowners.
(a) The members of the general public have the reasonable and lawful right of use of the hereinabove-described property as a sand beach, for passage to and from, sunbathing, recreation, and other uses appropriate to a public sand beach subject to any exceptions and restrictions set forth herein.
(b) The record owners and their successors in title of the property adjoining and abutting the sand beach are the owners of riparian and littoral rights, both common law and statutory, including access to the water for swimming, boating, bathing, fishing and other aquatic pursuits and rights of air, light and view, and nothing shall be erected, constructed, or maintained on the surface of the beach to impair any such owner's right without his consent. Such rights, however, shall never be exercised in such a manner as to deny access of the general public to, or its use of, the sand beach nor to adversely affect the right of the city to maintain and replenish the beach.
(c) The division of the sand beach into categories of use as appearing now and from time to time hereafter by amendments, dividing the beach into two (2) or more categories of public use, is made to provide for and protect the rights, safety and interests of the public and of the adjacent landowners in and on the sand beach and shall be construed and enforced so as to regulate and protect those interests and not to deny access to the beach or to restrict or hamper the right of the city to maintain and replenish the beach.
Gulfport Code of Ordinances § 2-50 Permits and rules for creation and kindling of fires on beach.
Sec. 2-50. - Permits and rules for creation and kindling of fires on beach.
(a) It shall be unlawful for any person or group to create a fire on the sand beach of Gulfport, Mississippi, unless a permit for same has first been obtained.
(b) Any person or group desiring to create a fire on the sand beach shall obtain a permit for same as to time, place and location from the Gulfport Central Fire Station. An applicant for a permit must be at least eighteen (18) years of age and must agree to assume full responsibility for activities in connection with control of the fire and cleaning up all debris and litter resulting from the fire. Remains of a fire shall not be left covered with sand, but should be placed in the nearest waste canister on the beach. The permit shall be carried by the permittee to the Harrison County sheriff's office at least twenty-four (24) hours prior to the time the fire is ignited, and shall be carried at the beach at all times the fire is burning.
(c) In addition, the central fire station is requested to advise the office of the sheriff of Harrison County when a permit is issued prior to the time that a fire is ignited.
(d) Any person causing a fire to be created or kindled on the sand beach without obtaining a permit as set forth hereinabove, or violating any of the rules set forth herein, shall be guilty of a misdemeanor punishable by a fine in the amount of not less than twenty-five dollars ($25.00) and not more than two hundred dollars ($200.00).
(e) No permit shall be issued for a fire on the sand beach of Gulfport unless the following conditions are met:
(1) The fire must be located at least one hundred (100) feet south of the seawall;
(2) The fire must be located at least one hundred (100) feet from any pier or other structure;
(3) The fire shall be composed only of wood which shall be piled no higher than three (3) feet and no wider than six (6) feet in diameter;
(4) The fire shall be kept under control at all times and shall be constantly attended by a competent person until the fire is completely extinguished;
(5) All debris shall be removed by the permittee;
(6) In addition, the city public safety official authorized to issue fire permits shall not issue such permit if a determination is made that it is unsafe to do so after consideration of the following factors:
a. The direction and intensity of the wind;
b. The amount of recent rainfall in the vicinity of the proposed fire;
c. The location of combustible structures, materials, or vegetation in the vicinity of the proposed fire, even though beyond one hundred (100) feet of the proposed fire;
d. The current pressure in the water supplies in the vicinity of the proposed fire, the location of the nearest fire hydrant, and any other factor which would affect the ability of the nearest responsible fire department to contain or control a fire.
Gulfport Code of Ordinances § 2-51 Items prohibited on beach.
Sec. 2-51. - Items prohibited on beach.
(a) The following items are prohibited on the sand beach, and the seawall and seawall easement which is contiguous thereto and such items shall not be carried or placed upon the beach, seawall, or seawall easement:
(1) Tents and structures of all types, except awning type shelters which are permitted during daylight hours, but must not be erected for use overnight.
(2) Containers constructed of glass, china, or any type pottery.
(3) Motor vehicles of all types, except those used to maintain or police the sand beach.
(4) Horses, livestock and animals of all types, except dogs on leash under control of the owner or other person; however, the city may exclude dogs in wildlife sanctuary, least tern and high use activity areas.
(5) Firearms or air guns.
(6) Fireworks, except by special permit under fireworks ordinances.
(7) Fires, except as specified in section 2-50 hereof.
(b) It shall also be unlawful for any person to place and leave on the beach, either willfully or by neglect, any foreign debris or litter. Any such debris or litter or trash should be placed in containers provided by the city.
(c) Any person while on the sand beach having in his possession or under his control any item prohibited by subsection (a) above or leaving litter on the beach shall be guilty of a misdemeanor, and upon conviction shall be fined in a justice of the peace court in which district the violation occurred in an amount not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00).
Gulfport Code of Ordinances § 2-52 Businesses and activities prohibited or regulated on beach.
Sec. 2-52. - Businesses and activities prohibited or regulated on beach.
(a) The displaying, trading, renting, or selling of any article, fish, animal, reptile, bird, food, boats, swimsuits or merchandise or thing of any kind whatsoever is hereby prohibited, and held to be a violation of this article and regulation, except as set forth in (c) and (d) below.
(b) Any person violating the provisions of this section shall be guilty of a misdemeanor, punishable by fine or imprisonment, or both, not to exceed one hundred dollars ($100.00) fine, and thirty (30) days confinement in the county jail, or the city council may, in its discretion, sue for and recover that sum, as a penalty for the violation of this article, after the notice to the owner of such violation, such recovery to be only for the days the violation is continued after such notice. A separate offense may be deemed to occur every day the violation continues.
(c) The rental to the public of water-or beach-related recreational items may be authorized upon the following conditions:
(1) Any person desiring to offer such items for rental to the public shall make application for a privilege license to the city. The city may then issue the license designating the area of the beach on which the licensee may conduct his rental business, and the termination date of the license. No merchandise, structure or object of any kind may be left on the beach after the termination date of the license, or after the normal beach business season ends. The recipient of each license must register it with the sheriff of Harrison County, and the license shall not be valid until such registration.
(2) There will be no advertising in connection with the enterprises other than "for rent" signs which may be placed on the items to be rented, or small portable signs. Vendors must keep the sand clean and clear by regularly policing the beach within seventy-five (75) feet of their rental area.
(3) Persons renting such equipment and entering the waters of the Mississippi Sound must comply with all state statutes and regulations concerning water safety.
(4) The city council retains the right to have all rental items and any signs in connection therewith removed from the beach at any time that the city council shall determine it is necessary to enable the city council to fulfill its responsibility for maintaining the beach for public use.
(5) Vendors renting small boats, jet skis, sail boards or similar watercraft shall be responsible for the operation of such craft with due regard for the safety of persons swimming or bathing in the waters adjoining the beach. All persons renting such craft will be instructed to sail outside the swimming area and south of the east-west navigational channel which runs approximately one thousand five hundred (1,500) feet south of the beach. A corridor at least one hundred (100) feet wide leading from the beach to the navigational channel will be marked off with easily visible floats or other markers, and posted to warn swimmers of the use of the corridor by watercraft. Any person found operating watercraft outside such corridors and north of the one thousand five hundred-foot navigational channel shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00).
(d) The sale to the public of merchandise may be authorized upon the following conditions:
(1) Any person desiring to offer such items for sale to the public shall make application for a privilege license to the city. Upon concurrence of the supervisor in whose district that portion of the beach is located, the city may issue the license designating the area of the beach in which the licensee may conduct the proposed vending business, and the termination date of the license. No merchandise, structure or object of any kind may be left upon the sand beach, seawall structure, or that portion of the seawall easement or right-of-way north of the seawall structure after the termination date of the license, or after the normal beach business season ends. The recipient of each license must register it with the sheriff of Harrison County, and such license shall not be valid until such registration.
(2) The city may regulate advertising signs used by licensed vendors. Vendors must keep the sand beach, seawall structure, and that portion of the seawall easement or right-of-way north of the seawall structure clean and clear by regularly policing such area within a radius of seventy-five (75) feet of their sales area.
(3) The city council retains the right to have all items and any signs used in connection therewith removed from the beach at any time that the city council shall determine it is necessary to enable the city council to fulfill its responsibility for maintaining the beach for public use.
(e) Pursuant to section 2-52(c) and (d) above, any person desiring to offer such items for rental or sale of public merchandise to the public shall make application for a privilege license from the office of the city tax collector which is located in the Gulfport City Hall Annex Building as follows:
(1) The city tax collector shall issue the license designating the area of the beach in which the licensee may conduct his rental business. The license shall be issued only for those areas as shown on the map on file in the office of the tax collector. The applicant must present evidence of being in receipt of a Mississippi state sales tax license number. The city tax collector shall furnish a copy of such license to the director of the department of public safety. Provided, however, in order to provide for and promote the general health, safety and welfare of the citizens of Gulfport, the city tax collector may restrict certain areas of the sand beach from the rental of all water recreational items.
(2) Licenses shall be issued annually effective January first, and all licenses issued under the provisions of this section shall expire annually on December thirty-first. Application for these licenses cannot be made prior to December first of the year preceding that for which the license will be valid. At the time of renewal of this license, the applicant who holds a license for his specific location shall be given a preference over any other applicant seeking to obtain a license for that location.
(3) There is hereby imposed upon the applicant, for the privilege of engaging in such rental business an annual license fee of two hundred dollars ($200.00).
(4) Persons renting such equipment and entering the waters of the Mississippi Sound must comply with all Mississippi statutes and regulations regarding water safety.
(5) Any person violating any of the terms and provisions of this subsection shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days imprisonment in the county jail.
(f) In the event the city shall choose to license the rental of recreational items as provided by subparagraph (c) above, or the sale of any merchandise as provided by subparagraph (d) above, any applicant for either of such licenses who has been approved as a licensee, but who considers the conditions attached to the issuance of his license to be so burdensome as to deprive him of the benefits of the license, may appeal to the city council for relief from the allegedly burdensome condition or requirement, which appeal shall be made in the manner set out below.
(1) Notice of any such appeal must be given within ten (10) days after the license containing the protested condition or requirement is offered the applicant.
(2) The only question to be presented or considered on the appeal is whether the protested condition or requirement attached to or contained in the proffered license is so restrictive and unreasonable as to constitute an interference with the free public use of the sand beach by all members of the general public in accordance with valid laws, ordinances and police regulations, within the meaning of paragraph III of the final judgment entered October 8, 1970, in federal civil action Number 2262.
(3) Notice of appeal shall be in writing and shall be delivered by registered or certified mail to the city clerk at city hall. The hearing on such appeal shall be heard on fifteen (15) days written notice to all appropriate parties, not later than sixty (60) days after receipt of such written notice of appeal. Both the appellant and the issuing authority shall be entitled to be represented by counsel and to present oral and documentary evidence on the single issue defined above.
(4) If the appeal shall be denied, the appellant may accept the proffered license by written acceptance and compliance with requirements within ten (10) days, lacking which the license shall become and be void and withdrawn. If the appeal shall be successful, in whole or in part, the city council will modify the license to conform to their decision and the appellant shall have ten (10) days to accept the modified license and comply with its requirements, failing in which the modified license shall become and be void and cancelled.
(g) No license, either rental or sales, shall authorize or permit boats or other watercraft, merchandise of any kind, or other sales or rental appurtenances or equipment, to remain on the beach after the date of termination of the license issued to any vendor or between the dates of November first of each year through March first of the next succeeding year, nor may any such objects be left unattended at any other time for a period exceeding three (3) days. The city council shall have the right to adjudicate that any such property left on the beach interferes with the public's use of the sand beach and the city's duty to maintain the sand beach, and shall enter on its minutes such a finding directing the beach maintenance crews to forthwith remove the same. Failure of the vendor to recover his goods within thirty (30) days after such removal, and to pay all cost and expense of removing and storing the articles, shall result in the vendor's license being immediately and automatically voided, and the property and vendor shall be subject to action for recovery of the cost and expense of seizure, removal and storage.
(h) Loud or unusual noises are recognized as having the potential of being injurious to the public health, safety, and welfare, and may be prohibited or regulated by the city. Loud or unusual noises are defined as sounds being plainly audible at a distance of one hundred (100) feet from the source of amplification, and may be regulated on the seawall structure itself, that portion of the seawall easement or right-of-way north of the seawall structure, and the sand beach.
Gulfport Code of Ordinances § 2-53 Regulations relating to beach maintenance.
Sec. 2-53. - Regulations relating to beach maintenance.
(a) In order to permit orderly cleaning and maintenance of the beach, vendors shall observe the following rules:
(1) Vehicles, merchandise and all other items shall not be placed so as to hamper maintenance vehicles and equipment in their use of access ramps, or to interfere with regular vehicle movement across the beach.
(2) Each vendor is responsible to see that merchandise is collected and stacked, stored or grouped, and all litter removed, so that beach maintenance vehicles can move freely in the area at night and early morning hours without damage either to the merchandise or property of the vendor, or to the maintenance vehicles.
(3) If complete freedom of movement of maintenance vehicles cannot be provided, the vendor shall so notify the beach patrol, giving his reason for failure to provide freedom of movement.
(b) The right of riparian owners to, at their own risk, leave small boats on the beach anchored to stakes is recognized, subject to such beach use not interfering with regular maintenance and clearing of the beach. In order to ensure such freedom to clear and maintain the beach, riparian owners must observe the following rules:
(1) Boats must not be clustered or grouped and must be separated by a distance of at least forty (40) feet.
(2) Only boats owned or authorized by the riparian owner may be left on the beach.
(3) The anchor or stake to which the boat is affixed shall be of such size and color as to be clearly visible to beach maintenance personnel.
(4) Boats may not be staked or anchored at both ends so as to prevent the boat from being swung to one (1) side to permit maintenance of the area around and under the boat.
(c) When in the judgment of the city council it is necessary to temporarily close any part of the beach for replenishment or heavy maintenance, an order for such closing will be entered on the minutes of the city council specifying the reason for closing and the estimated period of time the affected section of the beach will be closed. Such order shall be entered at least thirty (30) days prior to the date fixed for closing the beach, and a copy of such order will be published one (1) time in a newspaper having general circulation in the city.
(d) The beach may also be closed by reason of hurricane warnings, on order of the civil defense officials of the city, and in the event of such closing all vendors' merchandise, vehicles and other property, and all movable structures of every kind will be removed from the beach. All persons having no official duties on the beach will be barred from the beach area during such danger periods.
(e) Dumpsters for collection of garbage and trash will be located on the beach only at points approved by the sand beach patrol. No dumpster shall be so placed as to interfere with beach maintenance vehicles and equipment or their access to ramps leading onto the beach.
Gulfport Code of Ordinances § 2-54 Sanctuary area for least terns and other special use areas.
Sec. 2-54. - Sanctuary area for least terns and other special use areas.
(a) The following described areas of the sand beach are hereby set aside and designated as least tern nesting areas:
(1) Eastern section: That part of the Gulfport Sand Beach bounded on the north by the seawall, on the east by the centerline of Venetian Gardens extended, on the south by the Gulf of Mexico, and on the west by the centerline of Cowan Road extended, all being situated in Section 32, Township 7 South, Range 10 West and Sections 5 and 6, Township 8 South, Range 10 West, Harrison County, Mississippi.
(2) Western section: That part of the Gulfport Sand Beach bounded on the north by the seawall, on the east by the centerline of Markham Drive extended, on the south by the Gulf of Mexico, and on the west by the centerline of Hayden Avenue extended, all being situated in Sections 21 and 28, Township 8 South, Range 12 West, Harrison County, Mississippi.
(b) The least tern sanctuary area shall be governed by the following regulations:
(1) Any person found molesting or destroying least tern nests, harassing the terns, or engaging in other actions adversely affecting the propagation of the least tern shall be guilty of a misdemeanor and shall be subject to punishment as established by law and the rules and regulations of the state fish and game commission.
(2) The city council does hereby expressly request the state game and fish commission to specifically recognize the least tern nest areas herein established and to extend its protection to said areas as provided by law.
(c) By amendment to this article there may be designated certain high use activity areas of the sand beach, which areas shall be subject to additional regulations.
(d) From time to time other areas of the beach may be designated for public special use by amendment to this article describing the areas so designated and the details of the regulations applying to each such category of use.
Gulfport Code of Ordinances § 2-55 Exceptions.
Sec. 2-55. - Exceptions.
Any structures or businesses heretofore formally approved for erection or operation upon the sand beach as evidenced by minutes of the city council or order of federal court shall be excepted from the regulations set forth herein when such regulations are in conflict with the written approval under which such structure was erected or such business authorized.
Gulfport Code of Ordinances § 2-56 Enforcement.
Sec. 2-56. - Enforcement.
All municipal law enforcement officers in whose jurisdiction the sand beach, or a part thereof, lies, all sheriffs deputies, constables, other law enforcement officers, and specifically the sand beach patrol, are hereby authorized, empowered, requested, and charged with the duty of enforcing this article. Nothing in this article shall be so construed as to prevent any member of the public from exercising his reasonable and lawful use of the beach as a sand beach as provided by the final judgment in civil action Number 2262, or to authorize any other officer or entity to prevent such public use.
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_CH2BODOWABE_ARTIISABEFetched: 11/1/2026