Knowledgebase-Ordinance Adopting by Reference State Traffic Offenses and Rules of the Road

Information Product

Title:Ordinance Adopting by Reference State Traffic Offenses and Rules of the Road
Summary:An ordinance of the Town of Bean Station adopting by reference state traffic offenses and rules of the road.
Original Author:Norris, Margaret
Product Create Date:02/19/2007
Last Reviewed on::06/30/2017
Subject:Traffic--Municipal ordinances; Municipal ordinances
Original Document: Ordinance Regarding Rules of the Road.pdf

Reference Documents:

Text of Document: ORDINANCE NUMBER _______________

ORDINANCES NUMBERED 99-09-100 AND 2002-04-100

WHEREAS, pursuant to Tennessee Code Annotated 16-18-302(a)(2), cities are granted the authority to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrors, duplicates or cross-references a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars; and

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 the authority to hear in city court cases related to requiring drivers to yield to emergency vehicles; and

WHEREAS, the Town of Bean Station desires to repeal duplicitous and/or contradictory ordinances.

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

SECTION 1. By the authority granted under Tennessee Code Annotated 16-18-302(a)(2), the Town of Bean Station adopts by reference as if fully set forth in this section, the “Rules of the Road,” as codified in Tennessee Code Annotated Title 55, Chapter 8; and 55-9-107; and 55-9-601 et seq.; and 55-12-139 which are designated as Class C misdemeanors.

SECTION 2. Any person violating this ordinance shall be subject to a civil penalty not exceeding fifty dollars ($50.00) plus court costs for each separate violation of this ordinance. Each day the violation of this ordinance continues shall constitute a separate violation.

SECTION 3. Ordinances 99-09-100 and 2002-04-100 are hereby deleted in their entirety since they are duplicitous and/or contradictory to Section 1.

SECTION 4. If any portion of this ordinance is declared invalid, other portions that can be given effect without the invalid portion shall remain in effect, and to that end the provisions of this ordinance are declared severable.

SECTION 5. This ordinance shall take effect upon its final reading, the public welfare requiring it.

Passed on First Reading: _______________________________

Passed on Second Reading: _______________________________

Signed: ___________________________________________

Attest: ___________________________________________
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.