Ordinance # 10-01-89


Ordinance Prohibiting Unauthorized Persons from standing in the Streets of Horn Lake, Mississippi for the Purpose of Soliciting donations from passing Motorists and Related Purposes and Providing Penalties for the Violation of this Ordinance



BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN of the City of Horn Lake, Mississippi as follows:


Section 1.  The public health, safety, welfare and comfort of the citizens of the City of Horn Lake, Mississippi demand the exercise of the police power of the City in the enactment and enforcement of an ordinance prohibiting persons from standing in the streets of Horn Lake, Mississippi for the purpose of soliciting money from passing motorists and related purposes and providing penalties for the violation of this ordinance.


Section 2.  Definitions:  The following definitions shall be used in this ordinance:

a.     “Person” shall mean any individual, firm, corporation, association or any representative thereof, both profit and nonprofit.

b.      “Solicit” shall be defined as a request or an attempt to request directly or indirectly money, financial, assistance or other thing of value, which will be used for personal profit or will be used for a charitable purpose.  “Solicit” shall also be defined as the act of a person, as defined herein, who disseminates published materials in any form, requesting motorists to consider accepting, whether or not actually accepted; said published materials.

c.     A “solicitation” shall be deemed completed when made, whether or not the person making the same receives a contribution or disseminates published material.

d.     “Contribution” shall mean and include the words money, clothing, food, pledges, or anything of a monetary value.


Section 3.  It shall be unlawful for any person, or designated agent to walk within, stand, or located himself on the asphalt, or paved portions of the streets of the City of Horn Lake, Mississippi in order to “solicit” money, financial assistance or other articles of value or to distribute published materials or any other act to solicit contributions as defined herein.


Section 4.  Any person found guilty of violating any provisions of this ordinance shall be guilty of a misdemeanor offense against the City of Horn Lake, Mississippi and shall, upon conviction thereof, pay a fine of not more than Fifty Dollars ($50.00), together with costs of prosecution or by imprisonment of not more than one (1) day, or both such fine and imprisonment, in the discretion of the Court.


Section 5.  Nothing herein shall be construed to prevent, interfere, or prohibit any law enforcement official, fire department official, emergency vehicle personnel or any other official of the Federal Government or State of Mississippi and its political subdivisions from the faithful performance of said officials’ duties.


Section 6.  For the immediate and temporary preservation of the public peace and safety and in order to prevent pedestrians from endangering themselves, this ordinance shall become effective immediately from and after passage and be in full force and effect upon unanimous vote of all members of the governing body.  The ordinance shall be published as required by law and recorded in the ordinance book.


        So ordained by the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi, in regular meeting assembled on the 3rd day of October 1989.