Whereas, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi has found, as a fact, the safety, public health, and general welfare of the citizens of the City of Horn Lake, Mississippi will best be promoted by prohibiting the use of the city streets and right-of-ways, for recreational purposes, to include basketball goals and other recreational structures;
Whereas, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi find that basketball goals and other recreational structures on the city streets and right-of-ways tend to impede the orderly flow of traffic and contribute to hazardous and disorderly situations between motorists and those engaging in such recreational activities;
Now, Therefore, Be it ordained by the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi, as follows:
Section 1. Definitions
1. Shall – mandatory and not merely directory.
2. City – is the City of Horn Lake, Mississippi.
3. Recreational Structure – shall be any structure which facilitates recreations such as, but not limited to, basketball goals, etc.
4. Public Way – is any and all streets, sidewalks, boulevards, alleys, coves, city right-of-ways, public parking lots, and other public ways, within the City of Horn Lake.
Section 2. Prohibitions
1. No person, lot owner, nor lessee, of any lot or real property within the city shall erect a basketball goal or other recreational structure on any public way.
2. It is unlawful to allow any basketball goal or other recreational structure located on a public way to remain there after the effective date of this ordinance.
3. It is unlawful to play basketball or other recreational sports on any public way in the city.
Section 3. Violations
1. Violations of this ordinance, or any provisions thereof, shall constitute a misdemeanor and shall be punishable by a fine of not less than $50.00 nor more than $250.00; imprisonment for not more than (5) days, or both such fine and imprisonment.
2. Each day of the violation may constitute a separate violation of this ordinance.
3. The City may remove any basketball goal or other recreational structure located on any public way.
If any section, sub-section, sentence, clause, phrase, or portion of this ordinance, if for any reason is held invalid or held unconstitutional, by any court of competent jurisdiction, such portion shall be deemed as separate, distinct, and an independent provision and such holding shall not effect the validity of the remaining portions thereof.
All ordinances or parts of any ordinance in conflict with the provisions hereof, are hereby repealed; however, those not being repealed shall remain in full force and effect.
This ordinance shall take effect and be in full force as provided by law.
Ordinance passed August 23, 2005 and therefore has an effective date of September 23, 2005.