reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-55 - Definitions

The following terms shall have the meaning ascribed herein unless the context shall otherwise require:
(a)
"Agency" shall mean the Mississippi Emergency Management Agency.
(b)
"Radioactive waste" shall mean irradiated nuclear reactor fuel, and any other material which emits radiation which the Mississippi State Board of Health determines by regulation to present a significant threat to public health and safety.
(c)
"Application" shall mean any request to the agency for a permit to transfer radioactive waste.
(d)
"Carrier" shall mean and include a common, contract or private carrier of property by motor vehicle, railroad, aircraft or vessels, including barges.
(e)
"Public safety official" shall mean police, fire, health, disaster or emergency management officials of the state or any of its political subdivisions.
(f)
"Permit" shall mean the written authorization for the transportation of radioactive waste issued by the agency in accordance with Sections
45-14-57
et seq.
(g)
"Fee" shall mean the amount of money levied against a carrier or shipper for a permit required hereunder.
(h)
"Fund" shall mean the special emergency management revolving fund, authorized pursuant to the provisions of Section
33-15-11(b)(12)
, Mississippi Code of 1972.
(i)
"Shipper" shall mean any corporation or person to whom has been issued a license authorizing the possession, use or transfer of radioactive waste by the Mississippi State Board of Health, the U. S. Nuclear Regulatory Commission, any other agreement state or any agency of the federal government exempt from licensing by the U. S. Nuclear Regulatory Commission.
(j)
"Person" shall mean any corporation or individual or governmental agency of the United States.
Laws, 1982, ch. 432, § 3, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-57 - Permits for transportation

(1)
No person shall transport radioactive waste in Mississippi except in accordance with a permit issued by the Mississippi Emergency Management Agency.
(2)
The provisions of this section shall apply to all shippers, carriers and persons transporting radioactive waste in this state and shall cover all transportation into, through, or originating in this state regardless of final destination.
(3)
The provisions of this section shall apply to radioactive waste shipped by or for the United States government for military or national security purposes or which are related to the national defense. Nothing contained herein shall be construed as requiring the disclosure of any defense information as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.
Laws, 1982, ch. 432, § 4, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-59 - Application for permit; liability insurance; save harmless provision

At least thirty (30) days prior to the date upon which a shipper intends to begin the movement of radioactive waste into or within this state, the shipper shall apply to the agency for an annual permit for such shipments. Before any radioactive wastes may be transported into or within this state, the shipper shall:
(a)
Comply fully with all applicable laws and administrative rules and regulations, both state and federal, regarding the packaging and transportation of radioactive wastes.
(b)
Provide any information as the agency deems necessary for the protection of the health and safety of the public and the environment.
(c)
Provide evidence of liability insurance sufficient to protect the state and the public at large from possible radiological injury or damage to any person or property due to packaging or transportation.
(d)
Certify to the agency that it will hold the State of Mississippi harmless for all claims, actions or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the state, including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the state's sovereign immunity.
Laws, 1982, ch. 432, § 5, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-61 - Permit fee

Upon the approval by the agency of an application for a permit to transport radioactive waste, the shipper shall pay a permit fee based on a schedule of fees established by the agency in consultation with the state board of health. The fee shall reflect the relative hazard and potential threat to the public health and safety of the radioactive waste, based upon its volume, radioactivity and toxicity. Upon receipt of such fee the agency shall issue a permit. Such fee shall be deposited into the fund established pursuant to the provisions of Section
33-15-11(b)(12)
, Mississippi Code of 1972.
Laws, 1982, ch. 432, § 6, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-63 - Notice of shipment

The shipper shall provide to the director of the agency the advance notification of shipment required by and specified in the regulations promulgated by the Mississippi State Board of Health at the time of shipment. The agency will provide notification of shipment to appropriate state and local public safety officials.
Laws, 1982, ch. 432, § 7, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-65 - Training program for public safety officials

The agency, in conjunction with the state board of health, shall develop as soon as practicable a training program for public safety officials which shall include instruction on emergency response to transportation accidents involving radioactive waste.
Laws, 1982, ch. 432, § 8, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-67 - Powers and duties of state board of health

The Mississippi State Board of Health is hereby authorized and directed to promulgate regulations deemed necessary to implement the provisions of Sections
45-14-51
through
45-14-69
.
Laws, 1982, ch. 432, § 9, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 14 - RADIATION PROTECTION PROGRAM (§§ 45-14-1 — 45-14-69) › MISSISSIPPI RADIOACTIVE WASTE TRANSPORTATION ACT (§§ 45-14-51 — 45-14-69) › Section 45-14-69 - Penalties

Any person who willfully violates any provision of Sections
45-14-51
through
45-14-67
or any regulation or order issued hereunder may, upon conviction therefor, be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment for five (5) years, or both.
Laws, 1982, ch. 432, § 10, eff. 4/1/1982.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-1 - Definitions

The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in those instances, if any, where the context clearly indicates a different meaning:
(a)
"High voltage" means a voltage in excess of six hundred (600) volts between conductors or from any conductor to ground.
(b)
"Overhead lines" mean all bare or insulated electrical conductors installed above the ground.
(c)
"Person" means a natural person, firm, copartnership, association, corporation or governmental entity.
(d)
"Authorized person" means:
(i)
An employee or agent of an electric utility which generates, transmits or delivers electricity.
(ii)
An employee or agent of a utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a utility.
(iii)
An employee or agent of an industrial plant whose work relates to the electrical system of the industrial plant.
(iv)
An employee or agent of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments.
(v)
An employee or agent of a rail transportation company whose work relates to the electrical systems of the rail transportation company.
(vi)
An employee or agent of a state, county or municipal electric utility or agency which has or whose work relates to overhead electrical lines, circuit construction or conductors on poles or structures of any type.
(e)
"Electric utility" means any person engaged in the generation, transmission or distribution of electricity.
(f)
"Warning sign" means a weather-resistant sign of not less than seven (7) inches by ten (10) inches reading as follows: "DANGER-UNLAWFUL TO OPERATE THIS EQUIPMENT NEARER THAN 10 FEET TO HIGH VOLTAGE OVERHEAD LINES."
Codes, 1942, § 7015-11; Laws, 1960, ch. 257, § 1; Laws, 1988, ch. 530, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-3 - Activities performed in close proximity to high voltage overhead lines; precautions

Unless the procedures have been followed as provided by Sections
45-15-9
and
45-15-11
, Mississippi Code of 1972, to deter contact with high voltage overhead lines:
(a)
No person shall, individually or through an agent or employee, perform or require any other person to perform any function or activity upon any land, building, highway or other premises if at any time during the performance of that function or activity the person performing the function or activity could be reasonably expected to move or be placed within ten (10) feet of any high voltage overhead line or if any equipment or part of any tool or material used by the person could be reasonably expected to move or be placed within ten (10) feet of any high voltage overhead line during the performance of any function or activity.
(b)
No person shall, individually or through an agent or employee, operate or bring any mechanical equipment or hoisting equipment or any other equipment or part of any tool or material within ten (10) feet of any high voltage overhead line.
(c)
The provisions of this section shall not apply to persons lawfully occupying the land where the line is located and engaged in the regular and ordinary functions and activities of farming, ranching or other agricultural pursuits.
Codes, 1942, § 7015-12; Laws, 1960, ch. 257, § 2; Laws, 1988, ch. 530, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-5 - Activities performed in close proximity to high voltage overhead lines; employees

No person shall permit any employee to do any of the things prohibited in Section
45-15-3
.
Codes, 1942, § 7015-13; Laws, 1960, ch. 257, § 3; Laws, 1988, ch. 530, § 3, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-7 - Certain methods not to be employed in obtaining the required ten-foot clearance

The ten-foot clearance required in Section
45-15-3
shall not be provided by movement of the high voltage overhead line through strain impressed, by attachments, or otherwise.
Codes, 1942, § 7015-14; Laws, 1960, ch. 257, § 4; Laws, 1988, ch. 530, § 4, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-11 - Safety requirements and procedures required to operate crane, derrick, hoisting equipment, or similar apparatus which can be brought within ten feet of lines

No person shall operate any crane, derrick, power shovel, drilling rig, pile driver, hoisting equipment, or similar apparatus, or any part thereof, which could be brought within ten (10) feet of any high voltage overhead line, unless:
(a)
There is posted and maintained a warning sign, as herein defined, clearly legible and placed as follows:
(i)
Within the equipment readily visible to the operator of such equipment when at the controls of such equipment; and
(ii)
On the outside of the equipment in such number and location as to be readily visible to mechanics or other persons engaged in the work operations;
(b)
There is installed an insulated cage-type guard or protective device about the boom or arm of all equipment, except backhoes or dippers and, where the equipment includes a lifting hook device, all lifting lines are equipped with insulator links on the lift hook connection; and
(c)
A person is designated to observe clearance of the equipment from any nearby high voltage overhead lines and to give timely warning for all operations where it is difficult by visual means for the operator to determine and to maintain the required clearance.
Codes, 1942, § 7015-16; Laws, 1960, ch. 257, § 6; Laws, 1988, ch. 530, § 6, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-13 - Violation of chapter; application of chapter

(1)
Any person who knowingly violates this chapter may be subject to a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) to be imposed by a court of competent jurisdiction against said person and such penalty shall be deposited in the General Fund.
(2)
There is hereby created a right of action on behalf of any electric utility which is required to pay any sum for injury or death of any person resulting from contact with a high voltage overhead line against any person whose negligence is a proximate contributing cause of such injury or death for that portion of any non-agreed judgment for damages rendered against and paid by the electric utility and attributable to the negligence of such person, however, the electric utility may not recover any portion of such sum which is attributable to its own negligence. The right of action created hereby shall not be available against persons who comply with the provisions of this chapter, and violations of this chapter shall not be considered negligence per se but may be considered as evidence of negligence.
(3)
Nothing contained in this chapter shall be construed to alter, amend, restrict or limit the liability of persons as defined herein for violation of his duty under current law to use a high degree of care in the construction, maintenance and supply of electricity; nor shall any person be relieved from liability as a result of violations of standards under existing law regarding the construction, maintenance and supply of electricity, where such failure to use a high degree of care or violations of existing standards are found to be a cause of damage to property, personal injury or death.
(4)
Other than an electric utility filing a claim under this chapter, nothing contained herein shall be construed to alter, amend or expand in any way the provisions of Section
71-3-9
, Mississippi Code of 1972, as to an employee, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death.
(5)
Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental entity or construed to alter, amend, restrict or limit in any way the protections provided in Sections
11-46-1
et seq., Mississippi Code of 1972.
(6)
The provisions contained in this chapter do not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems.
Codes, 1942, § 7015-17; Laws, 1960, ch. 257, § 7; Laws, 1988, ch. 530, § 7, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 15 - HIGH VOLTAGE POWER LINES (§§ 45-15-1 — 45-15-15) › Section 45-15-15 - Severability clause

Each section of this chapter, and every part of each section, is hereby declared to be independent, and any court holding that any section or part thereof as void, ineffective or unconstitutional for any cause, shall not affect the other sections or parts thereof, and it is now declared that the other sections or parts of sections would have been enacted regardless of any section or parts of sections which might be held unconstitutional, inoperative or ineffective.
Laws, 1988, ch. 530, § 8, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-1 - Imposition of curfews during civil emergencies; definitions

(a)
"Civil emergency" is defined as:
(1)
A riot or unlawful assembly characterized by any use of force or violence disturbing the public peace, or any threat to use such force and violence, if accompanied by immediate power of execution, by two (2) or more persons acting together and without authority of law.
(2)
Any natural disaster or man-made calamity, including but not limited to flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
(3)
The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof.
(b)
"Curfew" is hereby defined as a prohibition against any person or persons walking, running, loitering, standing, sitting, lying or motoring upon any alley, street, public property or vacant premises within the corporate limits of the municipality except persons officially designated to duty with reference to said civil emergency or those lawfully on the streets as defined hereinafter.
(c)
"Chief administrative officer" is defined to be the mayor of any municipality. Any municipality, however, may by ordinance specially designate any official as chief administrative officer for purposes of this chapter.
Codes, 1942, § 8610-51; Laws, 1968, ch. 554, § 1, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-3 - Proclamation of emergency

When, in the judgment of the chief administrative officer of a municipality a civil emergency as defined herein is determined to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the clerk of the municipality.
Codes, 1942, § 8610-52; Laws, 1968, ch. 554, § 2, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-5 - Curfew order to state times and places applicable; maximum duration

After proclamation of a civil emergency by the chief administrative officer, he may order a general curfew applicable to such geographical areas of the municipality or to the municipality as a whole as he deems advisable, and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. Said proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the chief administrative officer, but not to exceed five (5) days.
Codes, 1942, § 8610-53; Laws, 1968, ch. 554, § 3, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-7 - Acts and activities which may be prohibited during emergency

After proclamation of a civil emergency, the chief administrative officer may at his discretion, in the interest of public safety and welfare:
(a)
Order the closing of all retail liquor stores.
(b)
Order the discontinuance of the sale of intoxicating liquor and/or beer.
(c)
Order the discontinuance of the manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion.
(d)
Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
(e)
Issue such other orders as are necessary for the protection of life and property.
Codes, 1942, § 8610-54; Laws, 1968, ch. 554, § 4, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-9 - Violations of orders may be declared misdemeanors; penalties

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency be guilty of a misdemeanor and be punished by a fine not exceeding Three Hundred Dollars ($300.00) or six (6) months imprisonment, or both such fine and imprisonment.
Codes, 1942, § 8610-55; Laws, 1968, ch. 554, § 5, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-11 - Persons to whom curfew does not apply

Any curfew as defined hereby shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained written permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This curfew shall not apply to medical personnel in the performance of their duties.
Codes, 1942, § 8610-56; Laws, 1968, ch. 554, § 6, eff. 7/23/1968.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 17 - CIVIL EMERGENCIES (§§ 45-17-1 — 45-17-13) › Section 45-17-13 - [Repealed]

Repealed by Laws, 1980, ch. 491, § 37, eff. 5/9/1980.
Laws, 1971, ch. 411, § 1.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 18 - EMERGENCY MANAGEMENT ASSISTANCE COMPACT (§§ 45-18-1 — 45-18-3) › Section 45-18-1 - Citation

Section
45-18-3
may be cited as the Emergency Management Assistance Compact.
Laws, 1995, ch. 625, § 1; Laws, 2000, ch. 413, § 6, eff. 4/17/2000.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 19 - SUBVERSIVE GROUPS AND SUBVERSIVE ACTIVITIES (§ 45-19-51) › Section 45-19-51 - through 45-19-65 - [Repealed]

Repealed by Laws, 2017, ch. 402, SB 2572, 16, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-1 - Rock festival defined

For the purposes of this chapter, the terms "rock festival" and "such event" mean, unless the context clearly indicates a different meaning, an actual, or a reasonably foreseeable, assembly of one thousand (1,000) or more people which does or did continue, or can reasonably be expected to continue, for a period of eighteen (18) or more consecutive hours upon private property which does not contain an established place of worship and at which the principal source of entertainment is, was or will be musical in nature.
Codes, 1942, § 7015-51; Laws, 1971, ch. 414, § 1, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-3 - Permit to be obtained from sheriff

Any individual, organization, corporation or other entity desiring to hold a rock festival in this state shall obtain, at least ten (10) or more days prior to the date upon which such event shall commence or be held, a written permit from the sheriff of the county in which such event is sought to be held. No rock festival shall be held in this state without a valid permit from the sheriff of such county.
Codes, 1942, § 7015-52; Laws, 1971, ch. 414, § 2, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-5 - Permit to be obtained from sheriff; conditions of issuance

The sheriff of such county shall issue such written permit upon presentation by the applicant of the following:
(a)
A cash bond in the amount of Ten Thousand Dollars ($10,000.00) conditioned to provide security that the applicant shall assume financial responsibility for any damages to public or privately owned real or personal property, for any fine assessed for the failure to comply with the specifications and plans presented to and certified by the state board of health and with any pertinent regulations of the state board of health about which the applicant had written notice prior to certification, and for the costs of any additional law enforcement personnel or equipment reasonably expended by any political subdivision of this state, if any of these occur as a direct result of such event;
(b)
A written certification by the state board of health that the written specifications and plans, proposed by the applicant, for the establishment of health and safety precautions and facilities in connection with such event for the purpose of assuring that the public health and safety will not be endangered; and
(c)
Written proof of the payment of the state amusement tax as provided in Section
27-11-5
, Mississippi Code of 1972.
Codes, 1942, § 7015-53; Laws, 1971, ch. 414, § 3, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-7 - Amenability to lawsuit

Any individual, organization, corporation or other entity applying for a permit to hold a rock festival in this state shall be deemed to be doing business in this state. If such applicant is a nonresident of this state, the applying for such permit shall be deemed equivalent to the appointment by such nonresident of the Secretary of State of the State of Mississippi, or his successor or successors in office, to be the true and lawful attorney or agent of such nonresident upon whom all lawful process may be served in any action or proceeding accrued or accruing from such event. Such applicant is thereby further deemed to be subject to the laws of this state, the jurisdiction of the courts of this state and the fines, damages, penalties or other rulings and decrees of such courts regardless of whether the proceeds of the cash bond have been depleted.
Codes, 1942, § 7015-54; Laws, 1971, ch. 414, § 4, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-9 - Sheriff to obtain additional surety bond

Upon the posting by such applicant of the cash bond pursuant to Section
45-21-5
, the sheriff of such county shall secure a surety bond in the amount of Ten Thousand Dollars ($10,000.00). Such surety bond shall be in addition to the official bond of such sheriff. The premium for such surety bond shall be paid by the applicant.
Codes, 1942, § 7015-55; Laws, 1971, ch. 414, § 5, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-11 - Health and safety regulations; approval of state board of health

(1)
The state board of health is hereby directed to establish for rock festivals health and safety regulations which shall assure that the public health and safety is not endangered hereby and which shall provide for the furnishing of adequate undertakings to secure full compliance with the sanitary code and other applicable law, adequate and satisfactory water supply and sewerage facilities, adequate drainage, adequate toilet and lavatory facilities, adequate refuse storage and disposal facilities, adequate sleeping areas and facilities, wholesome food and sanitary food service, adequate medical facilities, insect and noxious weed control, adequate fire protection and such other matters as may be appropriate for security of life or health.
(2)
The state board of health is hereby authorized and empowered to approve and certify in writing the written specifications and plans proposed by any individual, organization, corporation or other entity desiring to hold a rock festival in this state. Such specifications and plans shall be submitted to the state board of health at least eighteen (18) days prior to the commencement of such event and shall conform to the health and safety regulations promulgated pursuant to this section. The state board of health shall grant such certification or deny such certification, with reasons for such denial, within eight (8) days of the submission of such specifications and plans. Such specifications and plans may be altered, with the approval of the state board of health, to conform with the health and safety regulations promulgated pursuant to this section.
(3)
In the review of the specifications and plans proposed by any individual, organization, corporation or other entity desiring to hold a rock festival in this state, the state board of health may require such specific written specifications, plans and reports as are necessary for reasonable and proper review and determination in the light of the various factors therein involved, including but not limited to the probable number of people that will be in attendance at such event.
(4)
The state board of health shall specify in the certification the number of tickets which may be sold or distributed within seventy-two (72) hours of the commencement of such event.
(5)
Such specifications and plans may contain reasonable alternative requirements based upon different numbers of tickets having been sold and distributed.
Codes, 1942, § 7015-56; Laws, 1971, ch. 414, § 6, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-13 - Restriction as to sale of tickets

In order that the state board of health may establish criteria for implementing the pertinent health and safety regulations and that certification may be granted with a sufficient degree of certainty as to the probable number of people that will be in attendance at such event, no tickets of admission thereto shall be distributed or sold seventy-two (72) hours prior to the commencement of such event; provided, however, that tickets of admission may be distributed or sold within such seventy-two-hour period as specifically established by the state board of health in the certification or as approved, in writing, by the local board of health, if such additional sale or distribution of tickets can be permitted within the pertinent health and safety regulations promulgated pursuant to Section
45-21-11
.
Codes, 1942, § 7015-57; Laws, 1971, ch. 414, § 7, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-15 - Inspection of site; notification of noncompliance

The county board of health of the county in which such event is to be held shall inspect, within seventy-two (72) and at a time no later than forty-eight (48) hours before the commencement of such event, the location or site of such event to determine whether the holder of the permit has complied with the specifications and plans certified by the state board of health. After notifying the holder of such permit of the specific items with which substantial compliance does not exist and if the holder of such permit fails to comply within twenty-four (24) hours with those items specified in the inspection as not in substantial compliance with the specifications and plans certified by the state board of health, such county board of health shall notify the sheriff of such county of the lack of substantial compliance.
Codes, 1942, § 7015-58; Laws, 1971, ch. 414, § 8, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-17 - Revocation of permit

Upon notification by the county board of health that the holder of a permit for such event has not substantially complied, within twenty-four (24) hours of the commencement of such event with the specifications and plans certified by the state board of health or any pertinent regulation of the state board of health about which the holder of the permit had written notice prior to such certification, the sheriff of such county shall thereupon revoke such permit.
Codes, 1942, § 7015-59; Laws, 1971, ch. 414, § 9, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-19 - Penalties

(1)
Any individual, organization, corporation or other entity, holding or sponsoring a rock festival in this state without having obtained a written permit for such event from the sheriff of the county in which such event is held, shall be subject to a fine of no more than Twenty Thousand Dollars ($20,000.00). This subsection shall not apply to a holder of a permit which has been revoked by the sheriff upon notification by the county board of health of such county of the lack of substantial compliance with the specifications and plans certified by the state board of health.
(2)
Any individual, organization, corporation or other entity, holding or sponsoring a rock festival in this state with a permit which has been revoked by the sheriff upon notification by the county board of health of such county of the lack of compliance with the specifications and plans certified by the state board of health, shall be subject to a fine of no more than Ten Thousand Dollars ($10,000.00).
(3)
In addition to the penalties authorized in subsections (1) and (2) of this section, any individual, organization, corporation or entity holding or sponsoring a rock festival in this state in violation of the certification of the state board of health or any pertinent regulation of the state board of health about which the applicant had written notice prior to such certification, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) for each violation thereof.
Codes, 1942, § 7015-60; Laws, 1971, ch. 414, § 10, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 21 - ROCK FESTIVALS (§§ 45-21-1 — 45-21-21) › Section 45-21-21 - Recovery or other disposition of bond

(1)
If no court action or proceeding has been instituted against the holder of such permit to recover property damage incurred as a direct result of such event, if no fine assessed against the holder of such permit for failure to substantially comply with the specifications and plans certified by the state board of health or any pertinent regulation of the state board of health about which the holder of the permit had written notice prior to such certification remains unpaid and if no additional law enforcement expense remains unpaid, then sixty (60) days after the conclusion of such event the sheriff shall return the full amount of the cash bond to the party posting it thereof.
(2)
If a court action or proceeding has been instituted against the holder of such permit, then the sheriff shall place such cash bond with such court where such action or proceeding has been instituted to be placed in escrow. If no such court action or proceeding has been instituted but a fine assessed against the holder of such permit for failure to comply with the health and safety regulations remains unpaid, or if any additional law enforcement expense remains unpaid, then the sheriff shall reimburse the political subdivision reasonably incurring such legitimate additional law enforcement expenses, the sheriff shall forward to the court assessing such fine portions of the cash bond to meet such obligations and the sheriff shall forward the remainder of such cash bond returned to the party posting. If the cash bond is insufficient to meet such obligations, then the cash bond shall be apportioned equally among such court and such political subdivision.
Codes, 1942, § 7015-61; Laws, 1971, ch. 414, § 11, eff. 3/23/1971.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-1 - Title

This chapter shall be cited as the "Mississippi Boiler and Pressure Vessel Safety Law of 1974."
Laws, 1974, ch. 500 § 1, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-3 - Application

This chapter, except as otherwise herein provided, shall apply to all boilers and pressure vessels operating or intended for operation in the State of Mississippi or its territories.
Laws, 1974, ch. 500, § 2, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-5 - Definitions

The words, terms and phrases when used in this chapter shall have the meanings ascribed to them herein unless the context requires otherwise:
(1)
"Boiler" shall mean a closed vessel in which water is heated, steam or high temperature liquid is generated, steam is superheated, or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself by the direct application of energy from the combustion of fuels, or from other high temperature fluids, or from electricity or nuclear energy. The term "boiler" shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.
(a)
"Power boiler" shall mean a boiler in which steam or other vapor is generated at a pressure of more than fifteen (15) pounds per square inch gauge (hereinafter referred to as psig).
(b)
"High pressure, high temperature water boiler" shall mean a water boiler operating at pressures exceeding one hundred sixty (160) psig, or temperatures exceeding two hundred fifty (250) degrees Fahrenheit.
(c)
"Heating boiler" shall mean a steam or vapor boiler operating at pressures not exceeding fifteen (15) psig, or a hot water boiler operating at pressures not exceeding one hundred sixty (160) psig, or temperatures not exceeding two hundred fifty (250) degrees Fahrenheit.
(2)
"Pressure vessel" shall mean a vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source or from a direct source other than those vessels defined in paragraph (1) of this section.
(3)
"Certificate inspection" shall mean an inspection, the report of which is used by the chief inspector to decide whether or not a certificate as provided by Sections
45-23-41
through
45-23-49
may be issued. This certificate inspection shall be an internal inspection when construction permits; otherwise it shall be as complete an inspection as possible.
Laws, 1974, ch. 500, § 2, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-7 - [Repealed]

Laws, 1974, ch. 500, § 3; Laws, 1983, ch. 522, § 43, eff. 7/1/1983.
Repealed by Laws, 2017, ch. 402, SB 2572, 9, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-11 - Prohibition against nonconforming installation or operation; special permit

No boiler or pressure vessel which does not conform to the rules and regulations of the board governing new construction and installation shall be installed and operated in this state after twelve (12) months from the date upon which the first rules and regulations under this chapter pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may, at its discretion, be granted by the board.
Laws, 1974, ch. 500, § 5, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-13 - Maximum allowable pressure

(1)
The maximum allowable pressure of a boiler carrying the ASME code symbol or of a pressure vessel carrying the ASME or API-ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.
(2)
The maximum allowable pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME code symbol shall be computed in accordance with generally accepted nationwide engineering standards as required by the board.
(3)
This chapter shall not be construed as in any way preventing the use, sale or reinstallation of a boiler or pressure vessel referred to in subsections (1) and (2), provided it has been made to conform to the rules and regulations of the board governing existing installations and provided, further, it has been found upon inspection to be in a safe condition and that an inspection certificate can be issued.
Laws, 1974, ch. 500, § 6, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-17 - Chief inspector; qualifications

The board shall employ a chief inspector who shall be a citizen of this state, or if no suitable person is available a citizen of another state, who shall have had at the time of such appointment not less than ten (10) years experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker or boiler inspector, and who shall have passed the same kind of examination as that prescribed under Section
45-23-23
, and who should be, whenever possible, a registered professional engineer in this state. Such appointment shall be made within sixty (60) days after passage of this chapter and at any time thereafter that the office of the chief inspector may become vacant. Such chief inspector may be removed for cause after due investigation by the board.
Laws, 1974, ch. 500, § 8, eff. 4/2/1974.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 23 - BOILER AND PRESSURE VESSEL SAFETY (§§ 45-23-1 — 45-23-61) › Section 45-23-19 - Chief inspector; duties and powers

The chief inspector, if authorized by the board, is hereby charged, directed and empowered:
(a)
to take action necessary for the enforcement of the laws of the State of Mississippi governing the use of boilers and pressure vessels to which this chapter applies and of the rules and regulations of the board;
(b)
to keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and all inspection reports of all boilers and pressure vessels to which this chapter applies;
(c)
to publish and make available to anyone requesting them copies of the rules and regulations promulgated by the board;
(d)
to issue, or to suspend or revoke for cause, inspection certificates as provided for in Sections
45-23-41
through
45-23-49
;
(e)
to cause the prosecution of all violators of the provisions of this chapter;
(f)
to draw from the special fund created by Sections
45-23-53
through
45-23-55
any funds appropriated or authorized to be expended by the legislature for the purpose of implementing and administering this chapter. These expenditures may include but are not necessarily limited to the necessary traveling expenses of the chief inspector and his deputies and the expense incident to the maintenance of the chief inspector's office;
(g)
to maintain a list of qualified inspectors or other persons eligible to make inspections within this state and its territories.
Laws, 1974, ch. 500, § 9, eff. 4/2/1974.