State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-49 > 15 > 49-15-45

§ 49-15-45. Certain municipalities may enforce oyster laws.

(1)  Any municipality bounded by the Gulf of Mexico or Mississippi Sound, which has wholly or partly within its corporate limits, or in the waters adjacent thereto, a public oyster reef reserved for catching oysters exclusively by use of hand tongs, is hereby authorized to aid and cooperate with the commission in enforcing all laws regulating the catching, taking and transporting of oysters, including all of the provisions of this chapter, and all regulations and ordinances of such commission relating to such oyster reefs. 

(2)  Such municipality may, in its discretion, extend its corporate limits by continuing its boundaries at right angles to the shore line, into the waters of the Mississippi Sound or Gulf of Mexico or waters tributary thereto to any line within the boundaries of the State of Mississippi, and may, by ordinance spread upon its minutes, provide that all violations of such laws and ordinances regulating the catching, taking and transporting of oysters shall be violations of the municipal ordinances and punishable as such. 

(3)  In carrying out the provisions of this section such municipality may purchase, equip and maintain a suitable patrol boat and employ and pay the salaries of a crew to operate same and officers to enforce such laws and ordinances. 

(4)  Neither prosecutions nor convictions by such municipality shall bar further prosecution and conviction by the commission or its officers for the same offense. 

(5)  All fines collected by such municipality in enforcing the provisions of this chapter shall be paid into the general fund of the municipality and all costs and expenses incurred in connection with this chapter shall be paid out of the general fund of the municipality. 

(6)  Officers employed or deputized by the municipality to carry out the provisions of this section shall have the right to make arrests without warrant for any violations of the laws, ordinances or regulations referred to in subsection (1) hereof, committed in the presence or in the view of such arresting officer. 

(7)  Nothing herein contained shall be construed to authorize any municipality to adopt any ordinances regulating catching, taking or transporting oysters. The authority vested in such municipality under this section being limited to enforcement of statutes passed by the Legislature and ordinances and regulations adopted by the commission. 

Sources: Codes, 1942, § 6085-01; Laws,  1944, ch. 286, §§ 1-7; Laws, 1958, ch. 195, § 64; Laws, 2000, ch. 516, § 87, eff from and after passage (approved Apr. 30, 2000.)