Dear Reader:
The following document was created from the MTAS electronic library known as MORe (www.mtas.tennessee.edu/more). This online library is maintained daily by MTAS staff and seeks to represent the most current information regarding issues relative to Tennessee municipal government.
We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with municipal government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the contents of this document.
Please feel free to contact us if you have questions or comments regarding this information or any other MORe material.
Sincerely,
The University of Tennessee
Municipal Technical Advisory Service
1610 University Avenue
Knoxville, TN 37921-6741
865-974-0411 phone
865-974-0423 fax
www.mtas.tennessee.edu
SAMPLE ORDINANCE FOR THE CITY
OF _________________ TO ADOPT BY REFERENCE
STATE TRAFFIC OFFENSES AND RULES OF THE ROAD
ORDINANCE 06-___
AN ORDINANCE OF THE CITY OF _________, TENNESSEE, REPLACING MUNICIPAL CODE § _____ AND ADOPTING BY REFERENCE STATE TRAFFIC OFFENSES AND RULES OF THE ROAD.
WHEREAS, the Board of Mayor and Aldermen desires to adopt by reference state traffic offenses, registration requirements 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;
NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen, that
Section 1. Municipal Code § _____, “Rules of the Road,” is repealed in its entirety.
Section 2. The following provision is added as the new § _____ of the Municipal Code of ____________:
15-126. Adoption of state traffic statutes. By the authority granted under Tennessee Code Annotated § 16-18-302, the City of _________ 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 City of __________ adopts Tennessee Code Annotated §§ 55-4-101 through 55-4-128, §§ 55-4-130 through 55-4-133, §§ 55-4-135 through 55-4-138, §§ 55-8-181 through 55-8-191, § 55-8-193, § 55-8-199, §§ 55-9-401 through 55-9-408, §§ 55-9-601 through 55-9-606, § 55-12-139, and § 55-50-351, by reference as if fully set forth in this section.
Section 3. This ordinance shall take effect upon its final reading, the public welfare requiring it.
FIRST READING: _______________________________
SECOND READING: _______________________________
____________________________________
Mayor
ATTEST:
____________________________________
City Recorder
Approved as to form:_________________________________________________
City Attorney
Note: The sample ordinance is a guide. Prior to adoption, a municipality should review the referenced statutes in the sample ordinance along with the jurisdiction requirements of T.C.A. § 16-18-302. The statutes should be current with the Tennessee Code.
DISCLAIMER: The letters and publications written by the MTAS consultants were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this website.
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