MEMPHIS, TENNESSEE - MUNICIPAL CODE
2007
Volume I
____________
A Codification of the General Ordinances of
Memphis, Tennessee____________
Beginning with Supp. No. 7,
Supplemented by Municipal Code Corporation____________
Republished 2012 by Municipal Code Corporation
____________
>OFFICIALS
of the
CITY OF MEMPHIS, TENNESSEE
AT THE TIME OF THIS REPUBLICATION
____________
A C Wharton, Jr.
Mayor
____________
George M. Little
Chief Administrative Officer
____________
Herman Morris, Jr.
City Attorney
____________
Patrice Thomas
City Comptroller
____________
Bill Morrison, District 1
City Council Chairman
____________
William C. Boyd, District 2
Harold B. Collins, District 3
Wanda M. Halbert, District 4
Jim Strickland, District 5
Edmund Ford, Jr., District 6
Lee Harris, District 7
Joe Brown, District 8-1
Janis Fullilove, District 8-2
Myron Lowery, District 8-3
Kemp Conrad, District 9-1
Shea Flinn, District 9-2
Reid Hedgepeth, District 9-3
City Council
____________
Zayid A. Saleem, Assistant City Attorney
Iyona H. Houston, Assistant City Attorney
Republication Project Managers
PREFACE
The Memphis, Tennessee Municipal Code, originally published by Matthew Bender & Company, has been kept current by regular supplementation by Matthew Bender & Company, Inc., its successor in interest.
Beginning with Supplement 7, Municipal Code Corporation will be keeping this code current by regular supplementation.
This 2012 republication includes all amendatory legislation through Ord. No. 5414, adopted November 1, 2011, and was accomplished under the supervision of Beth Tattershall, Code Editor.
During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Matthew & Company.
The Code is organized by subject matter under an expandable three-factor decimal [hyphen] numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the numbers of the title, chapter, and section. Thus, Section 2.12.040 is Section .040, located in Chapter 2.12 of Title 2.* In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion.
*Editor's note— The section numbering used prior to and in the 2012 republication consists of a three-part numbering system, with each part referring to title, chapter, and section, separated by hyphens. Section 4 of Chapter 2-12 of Title 2 would therefore be numbered 2-12-4.
In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the Code, listing by number all ordinances, their subjects, and where they appear in the codification; and beginning with Supplement No. 7, legislation can be tracked using the "Code Comparative Table and Disposition List."
A subject-matter index, with complete cross-referencing, locates specific Code provisions by individual section numbers.
Municipal Code Corporation
1700 Capital Circle SW
Tallahassee, FL 32310
800-262-2633HOW TO USE YOUR CODE
This Code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this Code.
Numbering System.
The numbering system is the backbone of a Code of Ordinances; Municipal Code Corporation uses a unique and versatile numbering structure that allows for easy expansion and amendment of this Code. It is based on three tiers, beginning with title , then chapter , and ending with section . Each part is represented in the Code section number. For example, Section 2.04.010 is Section .010, in Chapter 2.04 of Title 2.*
*Editor's note— The section numbering used prior to and in the 2012 republication consists of a three-part numbering system, with each part referring to title, chapter, and section, separated by hyphens. Section 1 of Chapter 2-4 of Title 2 would therefore be numbered 2-4-1.
Title.
A title is a broad category under which ordinances on a related subject are compiled. This Code contains about 15 to 20 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use.
Chapter.
Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney.
Section.
Each section of the Code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the Code without renumbering.*
*Editor's note— The section numbering used prior to and in the 2012 republication does not separate sections by "tens," as described above. Instead, sections are numbered in sequential whole numbers. In the event a new section is to be inserted between two existing sections, the new section will be assigned a decimal number falling between the two sections. For example, a new section inserted between sections 2-4-1 and 2-4-2 would become section 2-4-1.5.
Tables of Contents.
There are many tables of contents in this Code to assist in locating specific information. At the beginning of the Code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively.
Ordinance History Note.
At the end of each Code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year. (Example: (Ord. No. 272, § 1, 1992).)
Beginning with Supplement No. 7 a secondary ordinance history note will be appended to affected sections. Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the Code Comparative Table and Disposition List appearing at the back of the volume preceding the index.
Statutory References.
The statutory references direct the Code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated.
Cross-Reference Table.
When a Code is based on an earlier codification, the cross-reference table will help users find older or "prior" code references in the new Code. The cross-reference table is located near the end of the code, under the tabbed divider "Tables." This table lists the prior code section in the column labeled "Prior Code Section" and the new Code section in the column labeled "Herein."
As of the 2012 republication, this information can be found in the Code Comparative Table.
Ordinance List and Disposition Table.
To find a specific ordinance in the Code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the Code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the Code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)."
Beginning with Supplement No. 7, this table will be replaced with the "Code Comparative Table and Disposition List."
Code Comparative Table and Disposition List.
Beginning with Supplement No. 7, a Code Comparative Table and Disposition List has been added for use in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the Code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the Code as supplemented, and any subsequent ordinance included herein.
Index.
If you are not certain where to look for a particular subject in this Code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then the appropriate subheadings:
BUSINESS LICENSE
See also BUSINESS TAX
Fee 5.04.030
Required when 5.04.010The index will be updated as necessary when the Code text is amended.
Insertion Guide.
Each supplement to the new Code will be accompanied by an Insertion Guide. This guide will tell the Code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the Code and the new pages that must be inserted. Following these instructions carefully will ensure that the Code is kept accurate and current. Removed pages should be kept for future reference.
Page Numbers. *
When originally published, this Code was numbered with consecutive page numbers. As it is amended, new material may require the insertion of new pages that are numbered with hyphens. (Example: 31, 32, 32-1.) Backs of pages that are blank (in Codes that are printed double-sided) are left unnumbered but the number is "reserved" for later use.
*Editor's note— The page numbering system used in the 2012 republication is a prefix system. The letters and numbers to the left of the colon are an abbreviation which represents the title number of the volume. The number to the right of the colon represents the number of the page in that portion. For example, the page number assigned to page 25 of Title 4 would be T4:25.
Electronic Submission.
In the interests of accuracy and speed, we encourage you to submit your ordinances electronically if at all possible. We can accept most any file format, including Word, WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send files to us as an e-mail attachment, by FTP, on a diskette or CD-ROM. Electronic files enable us not only to get you your Code more quickly but also ensure that it is error-free. Our e-mail address is: ords@municode.com .
For hard copy, send two copies of all ordinances passed to:
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316Customer Service.
If you have any questions about this Code or our services, please contact Municipal Code Corporation at 1-800-262-2633 or:
Municipal Code Corporation
1700 Capital Circle SW
Tallahassee, FL 32310