Miss. Code Ann. » Miss. Code Ann. / Title 21 / Chapter 25
Mississippi Code

Miss. Code Ann. § 21-25-5 (2024)

Fire departments authorized to go outside municipal limits; liability

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The fire departments, including the apparatus and all vehicles of such departments, are hereby authorized to use the roads, highways, streets and alleys outside the corporate limits of such municipalities owning and operating such fire fighting and fire prevention equipment, for the purpose of aiding in the extinguishing and prevention of fires or in the alleviating of damages or injuries caused by tornadoes or other casualties in locations outside the corporate limits of such municipalities. For the purpose of expediting the extinguishment or prevention of fires and of aiding in the rescue of persons or preventing other damage to either persons or property in such locations outside the corporate limits of such municipalities or in cities, towns, or villages located and situated beyond the corporate limits of such municipalities owning such equipment, such fire departments are hereby extended the right of way, or priority in use, over the public roads, highways, streets and alleys of the state and counties whether such roads, highways, streets or alleys are maintained by the state, counties, cities, towns, or villages.

To further effectuate and put into force and effect the purposes of this section, such municipalities owning and operating said equipment are hereby declared free of any liability on account of injury to persons or damage to property in going to and from such locations outside the corporate limits when engaged in the extinguishing and prevention of fires or in the alleviating of damages or injuries caused by tornadoes or other casualties, it being the purpose of this section that such municipalities aiding other municipalities or residents of the State of Mississippi located outside the corporate limits of such municipalities shall be entitled to all the benefits and immunities, both from civil and criminal prosecution, as are now enjoyed by such municipalities within their own respective corporate limits. This section shall be liberally construed to effect the purposes thereof.

Codes, 1942, § 3470; Laws, 1942, ch. 227; Laws, 1958, ch. 510; Laws, 1964, ch. 502, eff. 2/25/1964.

Notes of Decisions
Cited in 2 cases, 1992–2014 · leading case: Polk v. State, 612 So. 2d 381 (Miss. 1992).
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Polk v. State, 612 So. 2d 381 (Miss. 1992). “Polk finally argues Beesley could not act, because a mayor as part of the executive branch of government cannot serve in a judicial function, namely as a magistrate.”
Bates v. State, 172 So. 3d 805 (Miss. Ct. App. 2014). “at 5-6 (citing Miss.Code Ann. § 21-25-5 (1972)). The statute expressly authorized these departments to send its personnel and equipment outside the municipal limits to perform rescues, fire or no fire.”
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