§ 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.

State law reference

Water safety, Miss. Code Ann. 1972, § 59-21-81 et seq.; seawalls, Miss. Code Ann. 1972, § 65-33-1 et seq.

Cross reference

Licenses and business regulations, Ch. 5.