ORDINANCE NO. 03 - 2026 CITY OF PASCAGOULA, MISSISSIPPI AN ORDINANCE OF THE CITY OF PASCAGOULA, MISSISSIPPI AMENDING CHAPTER 58, ARTICLE III, OF THE CODE OF ORDINANCES REGARDING FIRES AT THE CITY OF PASCAGOULA'S PARKS WHEREAS, Mississippi Code Section 21-37-3 grants municipalities full jurisdiction in the matter of parks and the right to maintain the same; and WHEREAS, Mississippi Code Section 21-19-1 further grants municipalities the power to make regulations to secure the general health of the municipality; and WHEREAS, Chapter 58, Article III, of the Pascagoula Code of Ordinances regulates the use and operation of the City of Pascagoula's parks; and WHEREAS, certain revisions to Chapter 58, Article III, are needed to provide for the safe and efficient use of the City of Pascagoula's parks as it pertains to fires; and WHEREAS, adopting regulations related to the use of fires in the City of Pascagoula's parks will promote public safety; and WHEREAS, the City Council for the City of Pascagoula hereby amends Chapter 58, Article III, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASCAGOULA AS FOLLOWS: SECTION 1. Chapter 58, Article III is hereby amended to include Section 58-66, which shall read as follows: Sec. 58-66. – Fires in parks. (a) Except as otherwise provided herein, it shall be unlawful for any person or group to kindle, create or maintain a bonfire or other fire in any municipal park. Upon issuance of a permit and subject to compliance with the regulations outlined herein, bonfires are permitted on the Pascagoula Beach and at the fire pit at Point Park. (b) Any person or group desiring to create a fire on the Pascagoula Beach or fire pit at Point Park shall obtain a permit from the Pascagoula Parks and Recreation Department. An applicant must be at least 18 years of age and must agree to accept full responsibility for activities in connection with control of the fire and cleaning up of all debris and litter resulting from the fire. Remains of a fire shall not be left covered with sand, but shall be placed in the nearest waste canister on the beach after fully extinguished. The permit shall be carried by the permittee to the Pascagoula Fire Department at least 24 hours prior to the time the fire is ignited, and shall be carried at the beach at all times the fire is burning. (c) The Director of the Pascagoula Parks and Recreation Department, or his designee, shall advise the Chief of the Fire Department when a permit is issued prior to the time that a fire is ignited. (d) Any person causing a fire to be created or kindled without obtaining a permit, or otherwise violating any of the rules set forth in this section, shall be guilty of a misdemeanor punishable by a fine in the amount of not less than $25.00 and not more than $500.00. (e) No permit shall be issued for a fire on the Pascagoula Beach or the fire pit at Point Park unless the following conditions are met: (1) For fires on the Pascagoula Beach, the fire must be located at least 50 feet south of Beach Boulevard and at least 50 feet from any grass on the Pascagoula Beach. (2) Except for fires in the fire pit at Point Park, the fire must be located at least 50 feet from any pier or other structure. (3) The fire shall be composed only of wood, which shall be piled no higher than three feet and no wider than six feet in diameter. (4) The fire shall be kept under control at all times and shall be constantly attended by a competent person until the fire is completely extinguished. (5) All debris shall be removed by the permittee. (6) In addition, the Director of the Parks and Recreation Department, or his designee, shall not issue a permit if a determination is made that it is unsafe to do so after a consideration of the following factors: a. The direction and intensity of the wind. b. The amount of recent rainfall in the vicinity of the proposed fire. c. The location of combustible structures, materials or vegetation in the vicinity of the proposed fire, even though beyond 50 feet of the proposed fire. d. The current pressure in the water supplies in the vicinity of the proposed fire, the location of the nearest fire hydrant and any other factor which would affect the ability of the Fire Department to contain or control a fire. e. No permit shall be issued for a bonfire or other fire which shall exceed a height of three feet and a width or diameter of six feet. f. It shall be unlawful for any person to have in his possession or carry on the sand beach flammable liquids. SECTION 2. The amendments to this Chapter shall become effective as provided by law. The motion to approve and adopt the foregoing Ordinance was made by Councilwoman Brandenstein and seconded by Councilman Stallworth, and the following vote was recorded: Mayor Willis Voting Aye Councilman Stallworth Voting Aye Councilman Fornett Voting Aye Councilwoman Young Voting Aye Councilman Parker Voting Aye Councilman Blythe Voting Aye Councilwoman Brandenstein Voting Aye RESOLVED, this the 17th day of February, 2026. ATTEST: CITY COUNCIL /s/ Karen Kennedy /s/ Jay Willis _________________________________________________ City Clerk Mayor IPL0315475 Feb 22 2026