Knowledgebase-State Traffic Offenses and Rules of the Road Ordinance


Information Product

Title:State Traffic Offenses and Rules of the Road Ordinance
Summary:An ordinance adopting by reference state traffic offenses and rules of the road, and repealing non-applicable sections of the municipal code.
Original Author:Hardy, Pat
Co-Author:
Product Create Date:08/22/2006
Last Reviewed on::06/30/2017
Subject:Traffic--Municipal ordinances
Type:Ordinance
Original Document: State Traffic Offenses and Rules of the Road Ordinance.pdf

Reference Documents:

Text of Document: ORDINANCE

AN ORDINANCE OF THE TOWN OF MOUNTAIN CITY, TENNESSEE ADOPTING BY REFERENCE STATE TRAFFIC OFFENSES AND RULES OF THE ROAD, AND REPEALING NON-APPLICABLE SECTIONS OF THE MUNICIPAL CODE.

WHEREAS, the Board of Mayor and Aldermen desires to adopt by reference state traffic offenses and rules of the road; and

WHEREAS, the Tennessee General Assembly amended the laws pertaining to adoption of state laws by municipalities by reference, by changing the statute under which such adoption is made and by further specifying that only Class C misdemeanors may be adopted by municipalities and enforced as municipal ordinance violations; and

WHEREAS, the Tennessee General Assembly has removed municipal jurisdiction over cases related to driving under the influence, reckless driving, escape, impersonation, false alarms, interference with an officer, disorderly houses, and malicious mischief, and such cases can no longer be tried in Municipal Court but are now greater than a class C misdemeanor and therefore violations of State statutes; and

WHEREAS, the Town of Mountain City desires to remove non-applicable sections from the Municipal Code;

NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen, that

Section 1. The following new section is added to the Mountain City Municipal Code:

15-101. Adoption of state traffic statutes. By the authority granted under Tennessee Code Annotated 16-18-302, the Town of Mountain City adopts by reference as if fully set forth in this section, the “Rules of the Road,” as codified in Tennessee Code Annotated 55-8-101 through 55-8-131, and 55-8-133 through 55-8-180. Additionally, the Town of Mountain City adopts Tennessee Code Annotated 55-8-181 through 55-8- 193, 55-9-601 through 55-9-606, and 55-12-139 by reference as if fully set forth in this section.

Section 2. Sections 15-103 and 15-104 (Reckless driving and Driving under the influence), Sections 11-201 through 11-204 (Escape, Impersonating an officer, False alarms, Resisting an officer), 11-403 (Disorderly houses), and 11-302(Malicious mischief) of the Municipal Code of the Town of Mountain City are deleted in their entirety, as they are no longer applicable and have been designated as violations of State statutes.

Section 3. This ordinance shall take effect upon its final reading, the public welfare requiring it.


FIRST READING: _______________________________

SECOND READING: _______________________________



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Mayor City Recorder

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.