§ 1-24-1. General penalty—Continuing violations.

A.

Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not more than $50.00 for each separate violation; provided, however, that the infliction of a fine under the provisions of this Code or of any ordinance of the city shall not prevent the revocation of any permit or license for violation of any provisions hereof where called for or permitted under the provisions of this Code or of any ordinance. The city judges shall fix the amount of any fine to be levied under the provisions hereof as his or her discretion may dictate. Each day that any violation of this Code or of any ordinance continues shall constitute a separate offense.

B.

Where any act of the General Assembly of the state provides for a greater minimum penalty than $1.00, the minimum fine or penalty prescribed by the state law shall prevail and be assessed by the city judges.

C.

1.

In addition to the provisions of subsections A and B of this section, and any court costs established by any city ordinance or state statute, the city is authorized to create and collect penalties, pursuant to T.C.A. § 6-54-306, and in conformance therewith, to set a schedule specifying code section violation and penalty amount, and instituting a general penalty fund from which moneys may be disbursed.

2.

The city comptroller shall be authorized to disburse allocations from the general penalty fund budget annually as approved by the council for implementing and maintaining programs as may be instituted for correction of ordinance violation. Each day constituting a separate offense and fine as set out in subsection A of this section, shall also be constituted as a corresponding separate penalty.

3.

Penalties may be waived at the discretion of the judge; however, unless waived, penalties shall be assessed in the amount set out below:

Each code section violation for which a fine has been imposed shall automatically carry a penalty of up to $200.00, except the following designated sections shall carry a minimum penalty of $200.00:

Ch. 7-4	Alcoholic Beverages
Ch. 9-28	Day Care Centers
Chs. 2-24, 9-36, 9-40, 9-44 and 9-84	Fire Prevention and Protection
Ch. 9-56	Garbage, Trash and Refuse
Chs. 2-46, 2-86, 6-16, 9-4—9-12, 9-20, 9-52, 9-60, 9-64, 9-72—9-80, 9-92—9-100	Health and Sanitation
Ch. 6-48	Massage Parlors, Bathhouses and Similar Business Establishments
Chs. 6-4, 6-20 and 6-52	Public Amusements
T. 13	Sewers and Sewage Disposal

 

(Code 1967, § 1-8; Code 1985, § 1-8; Ord. No. 4116, § 1, 7-7-1992)

State law reference

Authorized penalties for ordinance violations, T.C.A. § 6-54-306.

Charter reference

Authority to impose fines not exceeding $50.00 for violations of ordinances, § 355.