Regulations

REGULATIONS OF THE PEARL

RIVER VALLEY WATER SUPPLY DISTRICT

AN AGENCY OF THE STATE OF MISSISSIPPI

RELATING TO USE OF RESERVOIR PROJECT AREA

RECOMPILED AND INDEXED

DECEMBER, 2005

ARTICLE 1. ..... AUTHORITY and procedures

1.1 ........... Organization of the District

1.2 ........... Public Information and Requests

1.3 ........... Rulemaking Oral Proceedings

1.4 ........... Requests for Declaratory Opinions

1.5 ........... Written Requests Required.

1.6 ........... Hearings Optional

ARTICLE 2. ..... DEFINITIONS

2.1 ........... "Board"

2.2 ........... "District"

2.3 ........... "District Building Inspector"

2.4 ........... "General Manager"

2.5 ........... "Reservoir"

2.6 ........... "Reservoir Project Area"

ARTICLE 3. ..... REGULATIONS PERTAINING TO USE OF RESERVOIR PROJECT AREA BY GENERAL PUBLIC

3.1 ........... Motor Vehicles

3.2 ........... Boats and Boating

3.3 ........... Swimming, Water Skiing, Towing of Devices

3.4 ........... Fishing

3.5 ........... Firearms and Hunting

3.6 ........... Disposal or Abandonment of Waste, Rubbish, Garbage and Other Property In or Upon Reservoir Project Area

3.7 ........... Operation of Public Parks, Public Recreation Areas, Public Boat Launching Facilities, Public Fishing Piers, Public Parking Areas; Consumption of Alcohol

3.8 ........... Keeping Of Animals And Fowl Within The Boundaries Of The District

3.9 ........... Feeding of Geese

3.10 ........... Feeding of Alligators

ARTICLE 4. ..... REGULATIONS PERTAINING TO USE OF THE RESERVOIR PROJECT AREA FOR COMMERCIAL OR RESIDENTIAL PURPOSES

4.1 ........... Commercial Trucks ........... 21

4.2 ........... Tournaments, Contests and Rodeos ........... 22

4.3 ........... Licensing And Insurance Requirements With Reference To Operation Of Commercial Vessels On The Reservoir ........... 22

4.4 ........... Regulation of Solicitors and Peddlers ........... 27

4.5 ........... Improvements ........... 28

4.6 ........... Electrical and Standard Codes/Construction and Occupancy Permits/Use of Architects and Engineers ........... 28

4.7 ........... Water and Sewer Service ........... 30

4.8 ........... Excessive Noise Prohibited ........... 30

4.9 ........... Sale and Use of Fireworks Within Reservoir Project Area ........... 31

4.10 ........... Execution of Commercial and Residential Leases Within Reservoir Project Area ........... 31

4.11 ........... Traffic Impact Analysis Standards ........... 32

4.12 ........... Traffic Impact Analysis Standards: ........... 33

4.13 ........... High Intensity Traffic Impact Analysis ........... 34

4.14 ........... Implementation of Recommendations ........... 34

4.15 ........... Preparation and Approval of Contact Drawings ........... 34

4.16 ........... Definitions: ........... 35

ARTICLE 5. ..... RULES AND REGULATIONS PROMULGATED BY THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS

ARTICLE 6. ..... FLOOD DAMAGE PREVENTION ORDINANCE

6.1 ........... Statutory Authorization, Findings Of Fact, Purpose And Objectives

6.2 ........... Definitions

6.3 ........... General Provisions

6.4 ........... Administration

6.5 ........... Provisions For Flood Hazard Reduction

6.6 ........... Variance Procedures

6.7 ........... Severability

ARTICLE 7. ..... A REGULATION CONTROLLING THE SIZE, LOCATION, CHARACTER, APPEARANCE AND OTHER PERTINENT FEATURES OF ALL EXTERIOR SIGNS

7.1 ........... Introduction and Definitions

7.2 ........... Permits and Fees

7.3 ........... Requirements for Permanent Signs

7.4 ........... Temporary Signs

7.5 ........... Non-Conforming Property Use Signs

7.6 ........... Non-Conforming Signs

7.7 ........... Prohibited Signs

7.8 ........... Illumination

7.9 ........... Inspection, Removal and Safety

7.10 ........... Administration and Penalties

ARTICLE 8. ..... REGULATION SETTING FORTH PROCEDURES AND FEES FOR THE PRODUCTION OF PUBLIC RECORDS OF THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT PURSUANT TO THE STATE PUBLIC RECORDS ACT

8.1 ........... Inspection and Copying of Public Records Pursuant to the State Public Records Act

8.2 ........... Miscellaneous

ARTICLE 9. ..... tree preservation ordinance

9.1 ........... Removal and Preservation Plan

9.2 ........... Removal and Preservation Plan Requirements

9.3 ........... Minimum Tree Saving Requirements/Protected Zone

9.4 ........... Credit Units

9.5 ........... Tree Removal Permit

9.6 ........... Inspection

ARTICLE 10. ..... regulation governing use, installation and testing of cross connection lines

10.1 ........... Definitions:

10.2 ........... Owner Responsibility

10.3 ........... Responsibility of Water System

10.4 ........... Testing

10.5 ........... Violations and Penalties

ARTICLE 11. ..... no waiver

REGULATIONS OF THE

PEARL RIVER VALLEY WATER SUPPLY DISTRICT

AN AGENCY OF THE STATE OF MISSISSIPPI

RELATING TO USE OF RESERVOIR PROJECT AREA

AUTHORITY and procedures

These regulations are adopted and promulgated by the Board of Directors of the Pearl River Valley Water Supply District pursuant to the authority granted by and in conformity with the provisions of Section 51-9-127, Mississippi Code of 1972, as amended, to secure, maintain, and preserve the sanitary condition of all water in and to flow into the Reservoir, to prevent waste of water or the unauthorized use thereof, and to regulate residence, hunting, fishing, boating, camping, circulation of vehicular traffic on land, the parking of vehicles, and all recreational and business privileges in, along, or around the Reservoir, any body of land or any easement owned by the District.

1.1

Organization of the District.

In accordance with Section 25-43-2.102 of the Mississippi Administrative Procedures Law, this chapter describes the Pearl River Valley Water Supply District’s duties and responsibilities, the organization of the Pearl River Valley Water Supply District's Office, its methods of operation, and how the public can contact the agency to make submissions or requests. The procedure for "Production of Public Records" is set forth in Article 8 of these Regulations.

Board of Directors. The Pearl River Valley Water Supply District is an agency of the State of Mississippi created pursuant to the Pearl River Valley Water Supply District Law, Title 51, Chapter 59 of the Mississippi Code of 1972, as amended. The District is composed of five counties: Hinds, Leake, Madison, Rankin and Scott. The District is governed by a fourteen member Board of Directors. The Governor of the State of Mississippi appoints five directors. The Board of Supervisors of each of the five counties appoints one director each. The Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, the Forestry Commission and the State Board of Health each appoint one director to the District’s Board. The Board of Directors employs a General Manager who is in charge of the routine operation of the business of the District.

Pursuant to The Pearl River Valley Water Supply District Reservoir Patrol Officer Law, the District employs patrol officers who may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state with respect to violations of law or regulations committed on property owned by the District.

The District is also authorized by the Metropolitan Area Water Supply Act to construct, maintain and operate a water treatment plant and regional water distribution system.

Methods of Operations. All policy and rulemaking authority is vested in the Board of Directors. The Board delegates the routine operations and personnel supervision to the General Manager. The General Manager operates within the following operating divisions:

Agency Head.

Engineering.

Construction & Maintenance.

Water & Sewer Operations.

Finance & Personnel.

Parks & Recreation.

Parks & Public Facilities Maintenance.

Campgrounds & Recreational Facilities.

Reservoir Patrol.

Responsibilities. The District was established for the accomplishment of the following general purposes as stated in the following Legislative determination and declaration of policy: "It is hereby declared, as a matter of legislative determination, that the waterways and surface waters of the state are among its basic resources, that the overflow and surface waters of the state have not heretofore been conserved to realize their full beneficial use, that the preservation, conservation, storage, and control of such waters are necessary to insure an adequate, sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in flood control, conservation and development of state forests, irrigation of lands needing irrigation, and pollution abatement. It is further determined and declared that the preservation, conservation, storage, and control of the waters of the Pearl River and its tributaries and its overflow waters for domestic, municipal, commercial, industrial, agricultural, and manufacturing purposes, for recreational uses, for flood control, timber development, irrigation, and pollution abatement are, as a matter of public policy, for the general welfare of the entire people of the state. The creation of the Pearl River Valley Water Supply District is determined to be necessary and essential to the accomplishment of the aforesaid purposes."

1.2 Public Information and Requests.

Contacting the Pearl River Valley Water Supply District’s Office. The Pearl River Valley Water Supply District's Office may be contacted in person, by U.S. Mail, Courier mail, e-mail, telephone, facsimile and e-mail. The Pearl River Valley Water Supply District also maintains and provides a Website on the Internet at www.rossbarnettreservoir.org.

Location of the Pearl River Valley Water Supply District's Office. The Pearl River Valley Water Supply District maintains its office at 115 Madison Landing Circle, Ridgeland, Mississippi 39157.

The mailing addresses for the Pearl River Valley Water Supply District is Post Office Box 2180, Ridgeland, Mississippi 39158.

Courier Mail should be delivered to the office street address listed above.

The Pearl River Valley Water Supply District's Office may be contacted by telephone at 601-856-6574 and by fax at 601-856-2585.

The primary E-mail address for the Pearl River Valley Water Supply District's Office may be accessed from the Website.

Requesting Information.

The District strives to serve the public by making information regarding recreational, hunting, fishing and camping opportunities readily available. Printed information may be obtained from the District’s office. There may be a charge, depending on the nature of the information. The public is also encouraged to visit the District’s Website.

With regard to public records, it is the policy of the Pearl River Valley Water Supply District to provide for inspection and copying of its identifiable public records by all people of the State of Mississippi who request such inspection or copying, consistent with the provisions of the Mississippi Public Records Act, § 25-61-1 through § 25-61-17, Mississippi Code of 1972, as amended ("Public Records Act"), and other applicable laws and judicial decisions. The procedure for a public records request is set forth in Article 8 of these Regulations.

1.3 Rulemaking Oral Proceedings.

This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and regulations and amendments to rules and regulations before the District pursuant to the Administrative Procedures Law. This rule does not apply to actions not subject to the Administrative Procedures Law.

Where an oral proceeding has not previously been held or scheduled, the District will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

Each request must be printed or typewritten, or must be in legible handwriting. Each request must be submitted on standard business letter size paper (8-112 inches by 11 inches).

The request may be the form of a letter addressed to the District or as a pleading filed with a court. The request should be mailed to the attention of the General Manager.

Each request must include the full name, telephone number, and mailing address of the requestor(s).

All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State.

The General Manager or designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

Public participation shall be permitted at oral proceedings in accordance with the following sections.

At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

Persons wishing to make oral presentations at such a proceeding shall notify the District at least ten (10) business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate who have not previously contacted the District.

At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. Each group or organization should nominate only one person to make the presentation unless the presiding officer determines that the group or organization cannot reasonably be represented by a single spokesperson.

The presiding officer shall place time limitations on individual oral presentations to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, may be submitted at the oral proceeding.

There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan's time where the orderly conduct of the proceeding so requires or when the allotted time has expired.

The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall (i) call proceeding to order; (ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by the District for the proposed rule; (ii) call on those individuals who have contacted the District about speaking on or against the proposed rule; (iii) allow for rebuttal statements following all participant's comments; (iv) adjourn the proceeding.

The presiding officer where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rulemaking proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the District become part of the rulemaking record, and are subject to the District’s public records request procedure.

The District may record oral proceedings by stenographic or electronic means.

1.4 Requests for Declaratory Opinions.

These sections set forth the District’s rules governing the form and content of requests for declaratory opinions, and the District’s procedures regarding the requests, as required by Mississippi Code § 25-43-2.103. These sections do not apply to actions of the District not subject to the Administrative Procedures Act.

Any person with a substantial interest in the subject matter may request the District for a declaratory opinion by following the specified procedures.

"Substantial interest in the subject matter" as used in this chapter means: that a party is directly affected by the District’s administration of the laws within the District’s primary jurisdiction.

"Primary jurisdiction of the District" as used in this chapter means the District has a constitutional or statutory grant of authority in the subject matter at issue.

The District will issue declaratory opinions regarding the applicability to specified facts of:

a statute administered or enforceable by the District,

a rule promulgated by the District, or

an order issued by the District.

The District may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

the matter is outside the primary jurisdiction of the District;

lack of clarity concerning the question presented;

there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

the statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

the facts presented in the request are not sufficient to answer the question presented;

the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the rule statue or order on which a declaratory opinion is sought;

no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statute, rule, or order;

the question presented by the request concerns the legal validity of a statute, rule or order;

the request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct;

no clear answer is determinable;

the question presented by the request involves the application of a criminal statute or sets for facts which may constitute a crime;

the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

the question is currently the subject of an Attorney General's opinion request; or,

the question has been answered by an Attorney General's opinion.

A declaratory opinion will not be issued where a similar request is pending before this agency, or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

A declaratory opinion will not be issued if it may adversely affect the interests of the State, the District, or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise.

Where a request for a declaratory opinion involves a question of law, the District may refer the matter to the State Attorney General.

A declaratory opinion will not be issued where the question involves eligibility for a license, permit, certificate or other approval by the District or some other agency, and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

1.5 Written Requests Required.

Each request must be printed, typewritten or in legible handwriting. Each request must be submitted on standard business letter size paper (8 1/2" by 11 "). Requests may be in the form of a letter addressed to the District or in the form of a pleading as might be addressed to a court. Information should be sent to the attention of the General Manager.

All requests must be mailed or delivered to the District. The request and its envelope shall clearly state that it is a request for a declaratory opinion. Oral and telephone requests are unacceptable.

Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request. The signing party shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative or judicial tribunal.

A request must be limited to a single transaction or occurrence.

Each request must contain the following:

a clear identification of the statute or rule at issue;

the question for the declaratory opinion;

a clear and concise statement of all facts relevant to the question presented;

the identify of all other known persons involved in or impacted by the factual situation causing the request including their relationship to the facts, name, mailing address and telephone number; and,

a statement sufficient to show that the person seeking relief has a substantial interest in the subject matter.

The terms of the proposed opinion suggested by the requestor may be submitted with the request but the form and content of the opinion remains within the discretion of the District;

A request may contain an argument by the requestor in support of the terms of the proposed opinion suggested by the requestor. The argument may be submitted in the form of a memorandum of authorities, containing a full discussion of the reasons and any legal authorities, in support of such position of the requestor. The District may request that the argument and memorandum of authorities be submitted by any interested party.

Within forty-five (45) days after the receipt of a complete request for a declaratory opinion which complies with the requirements of these rules, the District shall, in writing:

issue an opinion declaring the applicability of the specified statute, rule, or order to the specified circumstances;

agree to issue a declaratory opinion or a written statement by a specified time but no later than ninety (90) days after receipt of the written request; or,

decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first State of Mississippi business day that the request is received by the District.

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of sixty (60) days, the District may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains or was based on a legal or factual error.

The District may give notice to any person that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from persons other than the requestor.

The requestor, or his attorney, shall append to the request for a declaratory opinion a listing of all persons, with addresses, known to the requestor who may have an interest in the declaratory opinion sought to be issued, and shall mail a copy of the request to all such persons. The requestor or his attorney shall certify that a copy of the request was mailed to all such persons together with this statement: "Should you wish to participate in the proceedings of this request, or receive notice of such proceedings or the declaratory opinion issued as a result of this request, you should contact the District within twenty days of the date of this request."

1.6 Hearings Optional.

If the District in its sole discretion deems a hearing necessary or helpful in determining any issue concerning a request for a declaratory opinion, the District may schedule such a hearing. Notice of the hearing shall be given to all interested parties unless waived. Notice mailed by first class mail 7 calendar days prior to the hearing shall be deemed appropriate.

The procedure for conducting a hearing, including but not limited to the manner of presentation, the time for presentation, and whether and how evidence may be taken, shall be within the discretion of the District.

The District shall allow the requestor to participate in any hearing. The District may allow any other persons or entities to participate in the hearing in its discretion. Submission of a request for a declaratory opinion or for a hearing does not automatically entitle the requestor to a hearing.

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with Article 8 of these Regulations. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

DEFINITIONS

2.1 "Board" means the Board of Directors of the District.

2.2 "District" means the Pearl River Valley Water Supply District.

2.3 "District Building Inspector" means the employee designated as such by the General Manager.

2.4 "General Manager" means the person employed by the Board from time to time as the General Manager.

2.5 "Reservoir" means the waters of the Ross Barnett Reservoir.

2.6 "Reservoir Project Area" means the Ross Barnett Reservoir and any body of land or easement owned by the Pearl River Valley Water Supply District.

REGULATIONS PERTAINING TO USE OF
RESERVOIR PROJECT AREA BY GENERAL PUBLIC

3.1 Motor Vehicles.

Speed Limits.

It shall be unlawful for any person to operate a motor vehicle within the Reservoir Project Area at speeds greater than the following:

On the roadway across the reservoir dam or on the causeway across Pelahatchie Bay in Rankin County, 45 miles per hour, except as provided in Section 3.1.1 (a) (ii).

On any roadway over any dike, levy, groin, jetty or mole appurtenant to the reservoir main dam, a maximum of twenty-five (25) miles per hour; except on that portion of the roadway across the reservoir main dam lying between a point five hundred (500) feet westerly of the western abutment of the spillway bridge and a point five hundred feet easterly of the eastern abutment of spillway bridge, a maximum of thirty-five (35) miles per hour.

On that portion of the roadway across the reservoir main dam lying between a point five hundred (500) feet westerly of the western abutment of the spillway bridge and a point five hundred feet easterly of the eastern abutment of spillway bridge, a minimum of thirty (30) miles per hour.

On all streets, drives or roadways in any platted subdivision within the Reservoir Project Area, 30 miles per hour.

On all other roads, roadways, streets and drives within the Reservoir Project Area, 45 miles per hour.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

Parking.

It shall be unlawful for any person to park an automobile or other vehicle on any part of the reservoir main dam or any dike, levy, groin, jetty, or mole appurtenant thereto, or on the causeway across Pelahatchie Bay in Rankin County or within one hundred (100) feet of any public boat launching ramp, or within any public park within the Reservoir Project Area, except at places designated for such parking by posted signs, or on any portion of the Reservoir Project Area lying North or West of Rice Road or on any portion of the Reservoir Project Area adjacent to the South and East sides of Rice Road between the diversion canal for Culley/Brashears Creek and the South and East rights-of-way of the Natchez Trace in Madison County. A vehicle stopped to load or unload passengers or property shall be deemed to be parked for purposes of this regulation.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

Any area described in Section 3.1.2 (a) which is not designated as a parking area may be designated a "Tow Away Zone" by the posting of signs stating "Tow Away Zone-Vehicle Will be Towed Away at Owner's Expense." Any vehicle left unattended in a designated Tow Away Zone may be towed away and held until the owner shall pay the towing charges.

Traffic Control at Public Parks of the District.

It shall be unlawful for any vehicle to enter Lakeshore Park, Old Trace Park or Pelahatchie Shore Park or any other public park of the District where a toll gate is maintained and attended unless the operator or other occupant of the vehicle shall first have paid to the toll gate attendant a traffic fee as posted at the toll gate, not to exceed $3.00 per vehicle, for each entrance into such park, provided that a vehicle for which a traffic fee has been paid may within the same calendar day be allowed to leave and enter such park one time without paying a second fee.

Traffic fees shall be collected at all times during which the toll gate is attended on Saturdays, Sundays and legal holidays from March 1 through September 30 of each year and on such other days throughout the year as the General Manager may determine.

The term "vehicle" as used in this regulation shall mean shall mean without limitation every device in, upon or by which any person or property is or may be transported upon a street or highway, except nonmotorized devices designed to be moved solely by human power, and shall include without limitation, automobiles, trucks, jeeps, motorcycles, all terrain vehicles (ATV), off road vehicles, motor bikes, buses, vans, dirt bikes, and three-wheelers.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than Fifty Dollars ($50.00).

Vehicle Restrictions.

It shall be unlawful within the Reservoir Project Area to operate any vehicle on the streets, roads or highways unless such vehicle is in compliance with the Mississippi Uniform Highway Traffic Regulation Law--Equipment and Identification Regulations.

It shall be unlawful within the Reservoir Project Area to operate any vehicle:

Below or down stream of the toe drain below the main dam of the Reservoir in Madison or Hinds County;

Over or across any portion of any dike, levee, groin, jetty or mole appurtenant to the waters of the Ross Barnett Reservoir or any marina or harbor adjacent thereto, other than along an approved public or private roadway along the top of such dike, levee, groin, jetty, mole or other appurtenant facilities;

On, over or across any District road that is conspicuously marked "No Vehicles Beyond This Point" at each point of ingress thereto from a public roadway;

Within, on, over or across any portion of the Reservoir Project Area which is not paved, graveled or otherwise hard surfaced. Dirt roads are not considered "hard surfaced" for purposes of this regulation.

The vehicle restrictions stated in Section 3.1.4 (b) (iv) above shall not apply to: (i) property within the Reservoir Project Area leased by the District but any use of such property by vehicle operators shall be made only with the permission of and at the sole risk of the lessee(s) of such property; (ii) vehicles which are used for landscape maintenance or gardening purposes provided such vehicles are being operated for such purposes; (iii) construction equipment during the course of construction; (iv) vehicles or equipment used for logging purposes during the course of removing timber; (v) vehicles owned by any agency of the State of Mississippi or of the United States government, or by any city or county as long as the vehicle is being used in the course of employment of the operator; (vi) any all terrain vehicle ("ATV") operated by or used to transport any person 70 years of age or older, or any person with a disability as determined the United States Social Security Administration or the Department of Veteran’s Affairs or by any other governmental entity which determines, adjudicates or certifies disabling conditions provided such ATV is being operated for the sole purpose of (aa) accessing public hunting areas for hunting purposes during open seasons or (bb) retrieving game. Persons exempt under this section are required to have proof of their age or disability status in their possession and available for inspection by law enforcement officers.

The term "all terrain vehicle" as used in this regulation shall mean a motorized, self propelled vehicle designed to travel over unimproved terrain on two or more tires which vehicle is not qualified as suitable for on-road use pursuant to the Mississippi Uniform Highway Traffic Regulation Law--Equipment and Identification Regulations or by the Inspection Regulations as published from time to time by the Mississippi Highway Patrol. The term "vehicle" as used in this regulation shall mean without limitation every device in, upon or by which any person or property is or may be transported upon a street or highway, except nonmotorized devices designed to be moved solely by human power, and shall include without limitation, automobiles, trucks, jeeps, motorcycles, all terrain vehicles (ATV), off road vehicles, motor bikes, buses, vans, dirt bikes, and three-wheelers.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500).

3.2 Boats and Boating.

Operation Of Power Boats In Congested Areas.

It shall be unlawful for any person, firm, or corporation to operate any motor boat or other motor vessel in, along or around the Reservoir within the vicinity of any public launching ramp, commercial marina, yacht club or private dock or pier at a rate of speed which will cause a wake; provided that such area shall be conspicuously marked by a sign or signs stating "Dead Slow — Leave No Wake" upon entering such area and "Resume Safe Speed" upon leaving such area.

It shall be unlawful for any person, firm, or corporation to operate any motor boat or other motor vessel in, along or around the following areas in the Reservoir at a rate of speed which will cause a wake: Flag Island, Coal Bluff, Low Head Dam, Eddie's Island and Cut-Thru Pass Island, south of Flag Island; provided that such areas shall be conspicuously marked by a sign or signs stating "Dead Slow — Leave No Wake" upon entering such area and "Resume Safe Speed" upon leaving such area.

Mooring and Abandonment of Watercraft.

It shall be unlawful to moor any house boat, motor boat, cruiser, sailboat or other watercraft in open waters within the Reservoir Project Area except on a temporary basis with the owner or operator aboard.

It shall be unlawful to moor any house boat, motor boat, cruiser, sailboat or other watercraft having an overall length in excess of twenty‑seven feet in any waters within the Reservoir Project Area at any place other than at a yacht club harbor or commercial marina, except that watercraft having an overall length in excess of twenty-seven feet may be moored at a private dock or pier provided for that purpose on leased waterfront property for seven or fewer continuous days, for not in excess of thirty total days during a calendar year.

It shall be unlawful to moor any house boat, motor boat, cruiser, sailboat or other watercraft having an overall length of twenty‑seven feet or less in any waters within the Reservoir Project Area for longer than twelve hours at any place other than a yacht club harbor, a commercial marina, or a private dock or pier provided for that purpose on leased waterfront property.

It shall be unlawful to leave or abandon any watercraft in a waterlogged or sunk condition, or to moor any watercraft in any waters within the Reservoir Project Area at any place other than as provided in Section 3.2.3 (a), (b) or (c).

A representative of the District may remove any watercraft moored in violation of this Section 3.2.2 and the District may recover its costs of such removal from either the owner or operator of the watercraft, or in part from both the owner and the operator of the watercraft.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00).

Operation of Motorboats On The Ross Barnett Reservoir Which Are Not Equipped With Water Injected Exhaust Prohibited.

It shall be unlawful for any person, firm or corporation to operate on the Reservoir or on any property owned by the District any inboard motorboat which does not discharge the exhaust from each engine either through an exhaust pipe extending below the surface of the water under normal operating conditions or through a water injection muffling system or other muffling device. It shall be unlawful for any person, firm, or corporation to operate any motorboat on the Reservoir or on any property owned by the District under any condition or in any manner which causes the noise level to exceed 86 decibels at a distance of 50 feet from the source of the noise. This regulation shall not apply to motorboats which are competing in authorized races or regattas and related events held upon the Reservoir with the approval of the District.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine not less than $50.00 nor more than $100.00 as determined by the court. For purposes of this regulation a violation shall not be deemed continuing, but each unlawful operation of a motorboat shall constitute a separate offense.

3.3 Swimming, Water Skiing, Towing of Devices . It shall be unlawful for any person to engage in water-contact recreation within the Reservoir in violation of the following regulations:

Swimming, wading or floating in the Reservoir within one quarter mile of the spillway of the dam or any boat launching ramp is prohibited.

Water skiing or the pulling or towing by boat of any device in the Reservoir within a distance of one-quarter mile of the spillway of the dam, in all maintained boat channels and harbors (including those within residential developments in the Reservoir Project Area) or in any area restricted by posted signs is prohibited.

Water skiing or the pulling or towing by a boat of any device on the Reservoir after sundown and before daylight is prohibited.

Pulling or towing by a boat of any device (including but not limited to skis, air filled tubes and float boards) used for sustaining or supporting of any person on the Reservoir upstream from Mississippi State Highway No. 43 is prohibited, unless the tow rope or line is held in the hands of the person sustained or supported and is not attached to the device being pulled or towed.

Pulling or towing by a boat of more than one person or device on the Reservoir upstream from Mississippi State Highway No. 43 is prohibited.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00).

3.4 Fishing.

It shall be unlawful for any person to fish from any part of the spillway structure of the main dam of the Reservoir or from a boat within 200 feet downstream from said spillway structure; it shall be unlawful for any person to fish from any part of the causeway across Pelahatchie Bay in Rankin County, or from any dike, groin, jetty, levy or mole appurtenant thereto.

It shall be unlawful for any person to use trotlines, throw lines, or set hooks and jugs in the following portions of the Ross Barnett Reservoir:

That portion of the main lake of the Ross Barnett Reservoir lying south of a line between the point where Twin Harbor channel enters the main lake of the Reservoir under the Natchez Trace on the Madison County side of the Reservoir and the Fannin Landing boat launching ramp in Rankin County, Mississippi;

That portion of Pelahatchie Bay lying south and west of the main Pelahatchie Bay navigation channel and east of the Causeway crossing Pelahatchie Bay to Spillway Road;

Any area of the main lake, Pelahatchie Bay or river lake lying within 100 yards of any sandbar or any public boat launching facility;

Waters within any marked navigational channel between the State Highway 43 bridge and Ratliff Ferry in Madison County, Mississippi; and

Legal sport fishing with trotlines, throw lines, or set hooks and jugs may be conducted in all other waters of the Ross Barnett Reservoir in accordance with regulations from time to time promulgated by the Mississippi Department of Wildlife, Fisheries and Parks.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

3.5 Firearms and Hunting.

Use of Firearms.

It shall be unlawful to fire any pistol or rifle within the Reservoir Project Area, except upon District lands opened to hunting.

It shall be unlawful to discharge any firearm within the following areas of the Reservoir Project Area:

any land area of Madison County south of Mississippi State Highway 43 and north of Spillway Road;

any area of Hinds, Madison and Rankin Counties lying south of and within one-quarter mile of the main dam and Spillway Road;

any area within one-quarter mile of any commercial or residential development;

any area within one-quarter mile of the Reservoir Dam or within one-quarter mile of any public road, public parking area, boat ramp, dock or other boat launching facility, or any water treatment plant.

Hunting.

It shall be unlawful to hunt quail, migratory game birds, squirrel and rabbit within the Reservoir Project Area except with shotguns and in conformity with the regulations and rules prescribed by law and by the Mississippi Department of Wildlife, Fisheries and Parks. It shall be unlawful to use slugs, buckshot and any shotgun load heavier than number four within the Reservoir Project Area; provided that any lawful non-toxic shot approved by the U.S. Fish and Wildlife Service may be used for hunting waterfowl only.

It shall be unlawful to hunt deer within the Reservoir Project Area, except in the following instances:

deer may be hunted upon District lands expressly leased for deer hunting purposes;

deer may be hunted with bow and arrow or primitive weapons on District lands open to hunting generally, except that no hunting of deer with primitive firearm weapons shall be permitted in any area of Hinds, Madison and Rankin Counties lying south of the main dam and Spillway Road.

The running of dogs across District land during a season when deer hunting with dogs is permitted shall not of itself be deemed the hunting of deer.

The District reserves the right to close any area to any and all hunting at any time, upon the posting of reasonable notice to said effect. It shall be unlawful to hunt in any area closed to hunting hereunder.

It shall be unlawful to hunt within the following areas of the Reservoir Project Area:

any land area of Madison County south of Mississippi State Highway 43 and north of Spillway Road, except with bow and arrow on any land area of Madison County north or east of Twin Harbors;

any area of Hinds, Madison and Rankin Counties lying south of and within one-quarter mile of the main dam and Spillway Road, except with bow and arrow;

on that portion of the Reservoir Project Area located east of a line running between the emergency spillway of the main dam on Spillway Road in Rankin County on the south, and Fannin Landing Boat Ramp on Fannin Landing Circle in Rankin County on the north, encompassing Pelahatchie Bay and its shoreline and that portion of Pelahatchie Creek that lie within the Reservoir Project Area;

any area within one-quarter mile of any commercial or residential development.

It shall be unlawful to hunt hogs within the Reservoir Project Area except in those areas and during those periods that deer may lawfully be hunted.

Except with respect to activities prohibited or restricted hereunder within the Reservoir Project Area, the provisions of this section 3.5 shall in no way alter, affect or amend any Rules and Regulations relating to hunting promulgated from time to time by the Mississippi Department of Wildlife, Fisheries and Parks, and to the extent of any conflict, those regulations shall control except in the case of activities prohibited or restricted hereunder.

Each violation of these regulations shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00).

3.6 Disposal or Abandonment of Waste, Rubbish, Garbage and Other Property In or Upon Reservoir Project Area.

It shall be unlawful for any person, firm or corporation to deposit, dump, leave or abandon any waste, rubbish, garbage or other property (including but not limited to cans, bottles, jars, glass, paper, plastic, styrofoam, wood, metal, rubber or other natural or synthetic material) in or upon any of the public parks, public recreation areas, public boat ramps, public buildings and grounds, or public streets and rights of way within the Reservoir Project Area, or within sixty feet of any such property, or in or upon any dike, levee, groin, jetty or mole appurtenant to the waters within the Reservoir Project Area, or in or upon any waters within the Reservoir Project Area, or in or upon any parking area for motor vehicles maintained for patrons of commercial or recreational establishments on premises held under lease from the District.

It shall be unlawful for any person, firm or corporation to dispose of sewage, garbage or refuse from watercraft in the waters of the District except in accordance with the provisions hereof.

Toilet - no marine toilet, head or other device on any water craft may be operated so as to discharge sewage directly or indirectly to the waters of the District.

Holding tanks - all marine toilets, heads, or other such devices on watercraft shall be provided with holding tanks of sufficient capacity to prevent discharge of sewage into the District's waters.

Disposal of sewage - all sewage within a holding tank shall be disposed of only at approved facilities on shore.

Holding tank construction - all sewage holding tanks shall be durable, water tight, non- absorbent, sealed or locked in a manner approved by the District, and maintained in good repair.

Holding tank discharge lines - discharge lines from sewage-holding tanks shall be readily accessible above the maximum load water line and quick coupling devices provided. Discharge line connection shall be sized and fitted so as to preclude the possibility of attaching a potable water hose thereto.

Garbage and other refuse - garbage and other refuse shall not be discharged or emptied from any watercraft into District waters or on the adjacent shore. All garbage and refuse shall be stored aboard the water craft in leak-proof, non-absorbent containers with tight-fitting lids and disposed of only at designated disposal sites provided on shore.

It shall be unlawful for any person to use any watercraft as a residence unless such watercraft has a functional toilet. Residential use shall include occupancy by one or more persons as a temporary or permanent residence but shall not include occasional overnight or weekend accommodation.

It shall be unlawful for any person to use any watercraft as a residence unless the holding tank on the watercraft is pumped out at least once each calendar month. Evidence of compliance in the form of a certificate from the operator of a marina within the Reservoir Project Area shall be maintained on the watercraft.

The District and its agents shall have full authority to inspect all watercraft found in the District's waters to insure compliance with this regulation and to remove such watercraft from the Reservoir if found in violation hereof.

It shall be unlawful for any person, firm or corporation occupying or in possession of real property within the Reservoir Project Area, as lessee, sublessee or permittee or otherwise, to suffer or permit any non-functional automobile, boat, trailer, appliance, or part thereof, or any other item commonly classified as junk or scrap, to be and remain on such real property within view from any public highway, road or street, any public park, public recreation area or public boat ramp for a period in excess of 30 days.

Outdoor burning of any material within the Reservoir Project Area is prohibited other than (i) charcoal or other material intended for cooking provided the material is maintained in an enclosed grill or container; (ii) charcoal, prepared logs or wood in enclosed containers designed to provide outdoor heat provided spark protection is provided; (iii) material intended for cooking in covered pits provided the pits do not exceed four feet in diameter, length or width; and (iv) the Pearl River Valley Water Supply District may continue prescribed burns as part of its forestry management and property development programs. The term "material" includes debris, leaves, limbs, brush, vegetation, construction debris, business trash and all other smoke producing materials.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00).

3.7 Operation of Public Parks, Public Recreation Areas, Public Boat Launching Facilities, Public Fishing Piers, Public Parking Areas; Consumption of Alcohol.

It shall be unlawful for any person to enter upon or remain within or otherwise occupy any public park (including neighborhood parks), public recreation area, public boat launching facility (including neighborhood ramps), public fishing pier or public parking area within the Reservoir Project Area, except during such months, days and hours as shall be posted at such public park, public recreation area, public boat launching facility, public fishing pier or public parking area; provided that persons engaged in hunting or fishing activities may use public boat launching facilities (including neighborhood ramps) and adjacent public parking areas at any time incident to actual hunting or fishing activities.

It shall be unlawful for any person other than an occupant of a vehicle for which the fee established pursuant to Section 3.1.3 has been paid, to enter in or upon or to remain within any public park or public recreation area within the Reservoir Project Area at any time that an entrance gate to such public park or public recreation area is attended, unless such person shall have paid the traffic fee as posted at the toll gate for each entrance into such public park or public recreation area.

It shall be unlawful for any person to enter upon, remain within or otherwise occupy any public park (including a neighborhood park), public recreation area, public boat launch (including a neighborhood ramp), public parking area or any other public area within the Reservoir Project Area during any period that any such public area has been ordered to be closed by the General Manager of the District in order to preserve public order or to prevent or lessen the likelihood of riot, civil commotion, disorderly conduct, public nuisance or a threat or danger to the public health, safety or welfare or to the water quality of the Reservoir. The General Manager shall enter in a ledger kept by him for that purpose the time, duration, and reason for any closing of a public area ordered by him.

The vehicular capacity of each public park or public recreation area which has an entrance gate shall be determined from time to time by the Board of Directors of the District. Each public park and other public recreation area which has an entrance gate shall have posted at the gate the maximum number of vehicles which may be located in the park or recreation area. It shall be unlawful for any vehicle to enter any public park or public recreation area of the District where an entrance gate is maintained and where a sign is posted indicating that the park or recreation area has reached its maximum vehicular capacity or words of similar meaning.

It shall be unlawful for any person to consume beer, wine, liquor or any other alcoholic beverage, including wine coolers, within any public park (including a neighborhood park), public recreation area, public boat launching facility (including a neighborhood ramp), public fishing pier, public parking area or other public area within the Reservoir Project Area not inundated by the waters of the Reservoir.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

3.8 Keeping Of Animals And Fowl Within The Boundaries Of The District.

It shall be unlawful for the owner or keeper of any wild or domestic animal or fowl (other than natural or naturalized water fowl) to permit the same to run at large on property owned by or leased from the District or to stray from the premises of the owner or keeper or to go upon premises or property owned by or leased from the District or other public or private property unless such animal is attached to a leash or otherwise under the direct, physical or voice control of such owner or keeper. This section shall not apply to the use of dogs for hunting in areas where hunting is otherwise permitted.

It shall be unlawful for any person to keep or harbor any swine or cattle on any property owned or leased from the District and no horses shall be kept or maintained on any lot or tract of land composed of less than 3 acres.

It shall be unlawful for any person to keep or maintain any vicious, ferocious or dangerous animal unless such animal is kept or maintained solely for security purposes and is at all times kept within an enclosure sufficient to prevent escape and exposure to the public.

It shall be unlawful for any person to keep or harbor any animal or fowl which by loud, frequent or habitual barking, howling, yelping or other noise or action disturbs any person or persons on property owned by or leased from the District or otherwise creates a nuisance in any manner.

It shall be unlawful to own or keep or harbor any dog or cat three months of age or older on property owned by or leased from the District unless the dog or cat shall have been vaccinated against rabies in accordance with Chapter 53, Title 41, Mississippi Code of 1972, and a metal tag securely braded to the collar containing the serial number of the vaccination and the year in which the dog or cat was inoculated shall be placed and maintained around the neck of said dog or cat at all times.

It shall be unlawful to own or keep any animal on property owned by or leased from the District unless there is placed and maintained around the neck of such animal a tag containing the name and telephone number of the owner or keeper at all times.

Any Security Officer in the course of his duties of investigation of cases in which animals have bitten or scratched person or other animals shall notify the owner of said animal to surrender the animal to the Security Officer or otherwise to arrange for the animal to be delivered to the animal shelter in the County where the animal is found (or to such other animal shelter as may be designated from time to time by the District) and kept for a period of not less than 10 days after the biting or scratching of such person or other animal, during which period it shall be determined by a designated official whether such animal is suffering from any disease. If no disease is found, the animal may be released to the owner, provided that the owner produces to a Security Officer proper evidence of vaccination of the animal for rabies which vaccination must have been administered within 12 months previous to the biting or scratching. Any animal found to be infected with rabies shall be forthwith destroyed by the appropriate officers of the animal shelter or county health department.

If any dog or other animal is delivered to an animal shelter pursuant to this ordinance, the owner or keeper of such dog or animal shall pay all costs incurred or otherwise charged by the animal shelter prior to release of such dog or animal.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine not less than $25.00 nor more than $500.00 for each such offense.

3.9 Feeding of Geese.

It shall be unlawful for any person to feed a Canada goose on property owned by or leased from the District. The term "feed" means providing food in any manner or otherwise making food available, including feeding by hand, leaving food on the ground or in the water, or any other activity designed to provide food for a Canada goose.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not less than $50.00 nor more than $500.00 for each offense.

3.10 Feeding of Alligators.

It shall be unlawful for any person to feed an alligator on property owned by or leased from the District. The term "feed" means providing food in any manner or otherwise making food available, including feeding by hand, leaving food on the ground or in the water, or any other activity designed to provide food for an alligator.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not less than $50.00 nor more than $500.00 for each offense.

REGULATIONS PERTAINING TO USE OF THE
RESERVOIR PROJECT AREA FOR COMMERCIAL OR RESIDENTIAL PURPOSES

4.1 Commercial Trucks.

It shall be unlawful to operate any commercial vehicle with a capacity of more than one ton on or across the main dam at the Reservoir.

Excepted from this regulation are District maintenance vehicles and equipment, public utility vehicles and buses.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

4.2 Tournaments, Contests and Rodeos.

It shall be unlawful to promote or hold on the waters of the Reservoir any fishing tournament, contest, rodeo or other fishing event without first registering the event with the General Manager of the District on forms prescribed for such purpose (including name of sponsor, fees payable to sponsor and others, copies of promotional material, date and times of event, areas of Reservoir involved and other relevant information).

Additionally, it shall be unlawful to promote or hold on the waters of the Reservoir any fishing tournament, contest, rodeo or other fishing event involving fifty (50) or more boats without first securing written authorization therefor from the General Manager of the District, payment of a fee to the District in the amount of four dollars ($4.00) for each boat involved in the tournament and providing a satisfactory certificate of public liability insurance. Authorization is discretionary.

For events involving fifty or more boats, written application and payment shall be received by the General Manager of the District no later than sixty days in advance of the event. For events involving fewer than fifty boats, written application shall be received by the General Manager of the District no later than thirty days in advance of the event. No event will be scheduled until receipt by the District of the complete written application and, if applicable, payment of the permit fee and delivery of certificate of insurance. Events will not be scheduled more than one (1) year in advance.

Bona fide local civic, charitable, cultural and governmental organizations not operated for profit for federal income tax purposes who verify in writing to the District that one hundred percent of the funds payable from participants, sponsors and others in the event will be paid to the organization and used in sponsoring the event and in furthering the tax exempt purposes of the organization, are exempt from payment of the permit fee but are subject to all other provisions of this section.

Fishing tournaments, contests, rodeos and other fishing events shall be scheduled to encompass only the first, third or fifth weekend of the month.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Thousand Dollars ($1,000).

4.3 Licensing And Insurance Requirements With Reference To Operation Of Commercial Vessels On The Reservoir.

For purposes of these Regulations, the term "commercial vessel" shall be deemed to mean any power driven vessel carrying more than six (6) passengers exclusive of crew and offered for rental, charter or hire, with operator and crew furnished, in, along, upon or around the Reservoir in Hinds, Madison, Rankin, Scott or Leake Counties, Mississippi.

Operator's License. It shall be unlawful for any person, firm, or corporation to operate or offer for rental or hire any commercial vessel in, along, upon or around the Reservoir unless the operator of such vessel shall have in his possession and available for examination at all times when the vessel is being operated a current license to operate a commercial vessel on the Reservoir issued by the Mississippi Department of Wildlife, Fisheries and Parks.

Certificate of Inspection. It shall be unlawful for any person, firm, or corporation to operate or offer for rental or hire any commercial vessel in, along, upon or around the Reservoir unless each person, firm or corporation shall have on file with the Mississippi Department of Wildlife, Fisheries and Parks and the District a current Certificate of Inspection with respect to such vessel from an approved registered naval architect or approved marine engineer in accordance with the Rules and Regulations of the Mississippi Department of Wildlife, Fisheries and Parks.

Licensed Crew. It shall be unlawful for any commercial vessel to be operated on the Reservoir unless she shall have in her service and on board a currently licensed operator of commercial vessels and such crew as required by the Mississippi Department of Wildlife, Fisheries and Parks.

Commercial Privilege License.

It shall be unlawful for any person, firm, or corporation to operate or offer for rental or hire any commercial vessel in, along, upon or around the Reservoir unless such person, firm or corporation shall have obtained from the Board of the District a non-exclusive commercial privilege license for such commercial vessel. The application for such privilege license shall be accompanied by evidence of compliance with the Rules and Regulations with Reference to Operation, Equipment and Safety of Commercial Vessels on Ross Barnett Reservoir (Pearl River Valley Water Supply District) promulgated from time to time by the Mississippi Department of Wildlife, Fisheries and Parks, together with a current Certificate of Inspection and Operator's License as required by the Mississippi Department of Wildlife, Fisheries and Parks.

Such privilege license may be granted upon the payment to the District of an annual fee of Ten Dollars ($10.00) per head of safe-carrying capacity of the commercial vessel as stated in the vessel's Certificate of Inspection, but in no case less than Two Hundred Fifty and No/100 Dollars ($250.00).

Such privilege license shall be valid for a period of one (1) year from the date of issuance or such shorter period as the Board of the District may specify; provided that such license may be revoked prior to the expiration thereof whenever inspection reveals any matter which would have resulted in denial of a license and such license shall be considered automatically terminated in the event of any violation of the Rules and Regulations with reference to Operation, Equipment and Safety of Commercial Vessels on Ross Barnett Reservoir (Pearl River Valley Water Supply District) as promulgated from time to time by the Mississippi Department of Wildlife, Fisheries and Parks. By accepting a license, the licensee shall be deemed to have consented to inspection of the commercial vessel by employees or agents of the District at such reasonable times during the term of said license as they may see fit.

Application for a privilege license shall be accompanied by an application for public liability insurance to be issued by an insurance company doing business in the State of Mississippi with an acceptable Best's rating, with limits of not less than $1,000,000 for all damages arising out of bodily injury to or death of one or more persons and property in any one accident, resulting from or in connection with the operation of the commercial vessel. A certificate for such insurance, including the District as an additional insured, together with a paid receipt, shall be on file in the office of the District prior to operation of the commercial vessel for rental or hire in, along, upon or around the Reservoir.

Each violation of this Regulation shall constitute a misdemeanor and shall be punishable by fine of not more than One Hundred Dollars ($100.00) or imprisonment in the County Jail not to exceed fifteen (15) days, or both such fine and imprisonment as determined by the Court. For purposes of this Regulation, a violation hereof shall constitute a separate offense. Nothing contained herein shall limit the penalty for violation of the Rules and Regulations with Reference to Operation, Equipment and Safety of Commercial Vessels on Ross Barnett Reservoir (Pearl River Valley Water Supply District) as promulgated from time to time by the Mississippi Department of Wildlife, Fisheries and Parks.

Commercial Vessel Certification.

It shall be unlawful for any person, firm or corporation to operate or offer for rental or hire any commercial vessel in, along, upon or around the Reservoir unless each person, firm or corporation shall have on file with the Mississippi Department of Wildlife, Fisheries and Parks and the District a current Certificate of Inspection with respect to such vessel from an approved registered Naval Architect or approved Marine Engineer stating that such vessel:

Has been constructed and arranged in substantial compliance with the requirements of subparts 177.01, 177.05, 177.10, 177.15, 177.20, 177.30, 177.35 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

Is in substantial compliance with the requirements as to watertight integrity and subdivision as set out in subparts 178.01, 178.10, 178.15, 178.20, 178.25, 178.30, 178.35, 178.40 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

Is in substantial compliance with the requirements as to stability as set out in Subparts 179.01, 179.05, 179.10, 179.15 179.20 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

Is equipped in substantial compliance with the requirements as to life saving equipment as set out in Subparts 180.01, 180.05, 180.10, 180.15, 180.20, 180.25, 180.30, 180.35 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

Is equipped in substantial compliance with the requirements as to fire protection equipment as set out in Subparts 181.01, 181.05, 181.10, 181.15, 181.20, 181.30, 181.35 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

Is constructed and equipped in substantial compliance with the requirements as to machinery installation as set out in Subparts 182.01, 182.05, 182.10, 182.15, 182.20, 182.25, 182.30 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

Is constructed and equipped in substantial compliance with requirements as to electrical installation as set out in Subparts 183.01, 183.05, 183.10 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations, as then in effect.

Is equipped in substantial compliance with the requirements as to vessel control and miscellaneous systems and equipment as set out in Subparts 184.01, 184.05, 184.10, 184.15, 184.20, 184.25 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect; the installation of suitable Citizens Band radio equipment will be considered substantial compliance with the Federal Communications Commission for purposes of the Reservoir.

The maximum number of passengers permitted to be carried on a commercial vessel shall be as determined by the approved registered Naval Architect or approved Marine Engineer and shall be stated on the vessel's Certificate of Inspection.

The Certificate of Inspection shall be deemed current for a period of three (3) years from and after the date on which the same shall be executed by an approved registered Naval Architect or approved Marine Engineer.

Each violation of this Regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00) or imprisonment in the County Jail not to exceed fifteen (15) days, or both such fine and imprisonment as determined by the Court. For purposes of this Regulation, a violation hereof shall constitute a separate offense. Nothing contained herein shall limit the penalty for violation of the Rules and Regulations with Reference to Operation, Equipment and Safety of Commercial Vessels on Ross Barnett Reservoir (Pearl River Valley Water Supply District) as promulgated from time to time by the Mississippi Department of Wildlife, Fisheries and Parks.

Requirements As To Operator And Crew.

It shall be unlawful for any commercial vessel to be operated while her Certificate from an approved registered Naval Architect or approved Engineer is in effect unless she shall have in her service and on board a currently licensed operator of commercial vessels on the Reservoir and such crew as may be necessary for her safe operation. For commercial vessels having a safe carrying capacity of forty-nine (49) or less, minimum crew shall consist of one (1) licensed operator of commercial vessels on the Reservoir and (1) deckhand at least seventeen (17) years of age, or older. For vessels having a safe carrying capacity of fifty (50) or more, the crew shall consist of one (1) or more licensed operator of commercial vessels on the Ross Barnett Reservoir and, at least, two (2) deckhands, seventeen (17) years of age, or older.

Each violation of this Regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00) or imprisonment in the County Jail not to exceed fifteen (15) days, or both such fine and imprisonment as . determined by the Court. For purposes of this Regulation, a violation hereof shall constitute a separate offense. Nothing contained herein shall limit the penalty for violation of the Rules and Regulations with Reference to Operation, Equipment and Safety of Commercial Vessels on Ross Barnett Reservoir (Pearl River Valley Water Supply District) as promulgated from time to time by the Mississippi Department of Wildlife, Fisheries and Parks.

Licensing Of Commercial Operators.

Applicants for operator's licenses of commercial vessels shall file written application with the Mississippi Department of Wildlife, Fisheries and Parks, accompanied by satisfactory evidence that the applicant:

Has successfully completed an examination administered by the United States Coast Guard, Department of Transportation, which shall include, among other things, Inland Rules of the Road, firefighting and life saving procedures and techniques, and pollution regulations applicable to the Reservoir.

Is at least twenty-one (21) years of age.

Has a certificate from a reputable physician as to the general physical condition of the applicant, stating that the applicant is under no physical or mental disability or disease, or other defect, which would render the applicant incompetent to perform the ordinary duties of a licensed operator of a commercial vessel.

Is known to three (3) reputable persons who submit written endorsements which indicate that the applicant's habits of life and character are such as to warrant them to believe that he can be entrusted with the duties and responsibilities of a licensed operator of commercial vessels.

An operator's license shall be current for a period of three (3) years from and after the date the same was granted but may be extended for successive periods of three (3) years upon request for such extension accompanied by the certificate of a reputable physician and written endorsement from three (3) reputable persons, as provided in Section 4.3.8 (a) (iii) and (iv) above, together with evidence that the applicant has operated commercial vessels on the Reservoir during the preceding three (3) years.

Such application for license or renewal shall be accompanied by a processing fee in such amount as shall be specified by the Mississippi Department of Wildlife, Fisheries and Parks.

An operator's license may be revoked or suspended by the Mississippi Department of Wildlife, Fisheries and Parks if the holder thereof shall violate any rule or regulation of the Mississippi Department of Wildlife, Fisheries and Parks or any provision of the Boat and Water Safety laws of the State of Mississippi.

From and after the effective date of this regulation it shall be unlawful for any person, firm or corporation to operate or offer for rental or hire any commercial vessel in, along, upon or around the Reservoir unless the operator of such vessel shall have his current license as an operator of a commercial vessel on the Reservoir in his possession, available for examination at all times when the vessel is being operated.

Notice Of Accident.

It shall be unlawful for the owner or person in charge of any commercial vessel involved in a boating accident to fail to give notice of such accident as soon as possible as provided in Section 59-21-51, Mississippi Code of 1972, and to furnish a copy of such notice to the General Manager of the District.

4.4 Regulation of Solicitors and Peddlers.

Solicitor. A solicitor is any person traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever, for future delivery, or for services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payment on such sales or not.

Peddler. A peddler is any person traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meat, fish, vegetables, fruits, truck garden or farm products or provisions, offering and exposing them for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sells or offers the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance.

It shall be unlawful for any solicitor or peddler to go in or upon any public park, public recreation area, public boat ramp or fishing pier, public parking lot or other public area within the Reservoir Project Area unless he first shall have been requested or invited so to do by the District.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

4.5 Improvements.

It shall be unlawful for any person, firm or corporation without the prior written approval of the District and of the United States Army Corps of Engineers to construct or otherwise place over or in the Reservoir any dock, pier, boat slip, or any other improvement.

Each violation of this regulation shall constitute a misdemeanor and shall be punishable by a fine of not more than One Hundred Dollars ($100.00).

4.6 Electrical and Standard Codes/Construction and Occupancy Permits/Use of Architects and Engineers.

The most recent edition of the National Electrical Code, as adopted by the National Fire Protection Association, Inc., and the following Codes as promulgated by the Southern Building Code Congress International, Inc., to wit:

Standard Building Code

Standard Plumbing Code

Standard Mechanical Code

Standard Gas Code

Standard Fire Prevention Code

Standard Existing Building Code

Standard Housing Code

Standard Swimming Pool Code

and all revisions, amendments, supplements and appendices to each of the foregoing Codes, as in effect from time to time, be and each of them is hereby adopted by the District to be applicable to and to govern construction, expansions and renovation of buildings and other structures within the Reservoir Project Area. Such Codes as in effect at the time an application for Construction Permit is filed are herein referred to as the applicable "Codes." The adoption of the Codes relates to and promotes public safety, public health and general welfare. A copy of each current applicable Code, as from time to time revised, amended and supplemented, and current appendices thereto, shall be on file at the office of the District, be available for public inspection, and upon payment of reasonable cost be available for copying. A copy of the current schedule of application fees for Construction Permits and inspection fees for Use and Occupancy Permits shall likewise be on file and available for inspection and copying. The General Manager of the District, or his designee, shall act as the building or permitting or inspecting official under each applicable Code.

No person shall within the Reservoir Project Area construct, expand or renovate any buil