Tenn. Code Ann. § 6-56-203 — TN Code / Title 6 / Chapter 56 / Section 6-56-203
Annual budget ordinance
Status: in_force

The governing body of each municipality shall adopt and operate under an annual budget ordinance. The budget ordinance shall present a financial plan for the ensuing fiscal year, including at least the following information: (1) Estimates of proposed expenditures for each department, board, office or other agency of the municipality, showing in addition, the expenditures for corresponding items for the last preceding fiscal year, projected expenditures for the current fiscal year, and reasons for recommended departures from the current appropriation pattern in such detail as may be prescribed by the governing body. It is the intent of this subdivision (1) that, except for moneys expended pursuant to a project ordinance or accounted for in a proprietary type fund or a fiduciary type fund that are excluded from the budget ordinance, all moneys received and expended by a municipality shall be included in a budget ordinance. Therefore, notwithstanding any other law, no municipality may expend any moneys regardless of their source, including moneys derived from bond and long-term note proceeds, federal, state or private grants or loans, or special assessments, except in accordance with a budget ordinance adopted under this section or through a proprietary type fund or a fiduciary type fund properly excluded from the budget ordinance; (2) Statements of the bonded and other indebtedness of the municipality, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of the sinking fund; (3) Estimates of anticipated revenues of the municipality from all sources including current and delinquent taxes, nontax revenues, and proceeds from the sale of any bonds or long-term notes with a comparative statement of the amounts received by the municipality from each of such sources for the last preceding fiscal year, the current fiscal year, and the coming fiscal year in such detail as may be prescribed by the governing body; (4) A statement of the estimated balance or deficit, as of the end of the current fiscal year; (5) A statement of pending capital projects and proposed new capital projects, relating to respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the fiscal year; and (6) Such other supporting schedules as the governing body deems necessary, or otherwise required by law. Acts 1982, ch. 626, § 1.
The governing body of each municipality shall adopt and operate under an annual budget ordinance. The budget ordinance shall present a financial plan for the ensuing fiscal year, including at least the following information:
(1) Estimates of proposed expenditures for each department, board, office or other agency of the municipality, showing in addition, the expenditures for corresponding items for the last preceding fiscal year, projected expenditures for the current fiscal year, and reasons for recommended departures from the current appropriation pattern in such detail as may be prescribed by the governing body. It is the intent of this subdivision (1) that, except for moneys expended pursuant to a project ordinance or accounted for in a proprietary type fund or a fiduciary type fund that are excluded from the budget ordinance, all moneys received and expended by a municipality shall be included in a budget ordinance. Therefore, notwithstanding any other law, no municipality may expend any moneys regardless of their source, including moneys derived from bond and long-term note proceeds, federal, state or private grants or loans, or special assessments, except in accordance with a budget ordinance adopted under this section or through a proprietary type fund or a fiduciary type fund properly excluded from the budget ordinance;
(2) Statements of the bonded and other indebtedness of the municipality, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of the sinking fund;
(3) Estimates of anticipated revenues of the municipality from all sources including current and delinquent taxes, nontax revenues, and proceeds from the sale of any bonds or long-term notes with a comparative statement of the amounts received by the municipality from each of such sources for the last preceding fiscal year, the current fiscal year, and the coming fiscal year in such detail as may be prescribed by the governing body;
(4) A statement of the estimated balance or deficit, as of the end of the current fiscal year;
(5) A statement of pending capital projects and proposed new capital projects, relating to respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the fiscal year; and
(6) Such other supporting schedules as the governing body deems necessary, or otherwise required by law.
Acts 1982, ch. 626, § 1.
Tenn. Code Ann. § 6-1-201 — TN Code / Title 6 / Chapter 1 / Section 6-1-201
Right to adopt charter - Incorporation within specified distances from existing cities
Status: in_force

(a) (1) The residents of any incorporated municipality or of any territory wanting to incorporate under this charter may adopt chapters 1-4 of this title in the manner provided in this chapter. Thereupon, the municipality or territory shall be and become incorporated and be governed as set forth in this chapter. No unincorporated territory shall be incorporated under this charter unless such territory contains not fewer than one thousand five hundred (1,500) persons, who shall be actual residents of the territory. (2) No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, and that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year. (3) Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks. (b) (1) (A) Except as provided in subdivision (b)(2), no unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population according to the latest census certified by the department of economic and community development. "Existing municipality" and "existing municipality of one hundred thousand (100,000) or more in population" do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the 1990 federal census or any subsequent census. (B) If any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more, according to the most recent federal census, and if the governing body of such municipality adopts a resolution by a two-thirds (2/3) vote indicating that the municipality has no desire to annex the territory, such territory may be included in a proposed new municipality. A petition for incorporation shall include a certified copy of such resolution from the affected municipality. (2) In any county having a population of more than eighteen thousand two hundred (18,200) and less than eighteen thousand five hundred (18,500), according to the latest census certified by the department of economic and community development, if any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population or within two (2) miles of an existing municipality of more than one thousand (1,000) and fewer than one hundred thousand (100,000) in population, according to the 1990 federal census or any subsequent census, then action on the petition as provided in §§ 6-1-202 and 6-1-204 shall be held in abeyance for fifteen (15) months from the date of filing the petition. If, within this period, the existing municipality does not annex at least twenty percent (20%) of the land area or twenty percent (20%) of the population of the territory proposed for incorporation, then proceedings shall be continued as provided in §§ 6-1-202 and 6-1-204 as though the petition had been filed at the conclusion of the fifteen-month period. If the existing municipality annexes at least that part of the territory within this period, then the petition shall be null and void. (c) Notwithstanding subsection (a) or (b) to the contrary, a territory may be incorporated if the following conditions are fulfilled: (1) The territory contains two hundred twenty-five (225) residents or more; (2) The territory is composed of property that is one thousand six hundred feet (1,600') or more above sea level on the western border of the territory and contiguous with a county boundary on the eastern border of the territory; (3) The territory is located within an area that is bordered on the west, north and east by the Tennessee River and on the south by the border between Tennessee and another state; and (4) The territory is located within a metropolitan statistical area. (d) Notwithstanding subsections (a)-(c) to the contrary, a territory may be incorporated that meets the following conditions: (1) The territory contains three hundred (300) residents or more; (2) The territory's western boundary is contiguous with the western boundary of the county in which it is located; (3) The territory is located within an area bordered on the north by the Loosahatchie River and on the south by the Wolf River; (4) The territory's eastern boundary is approximately parallel with the western boundary, but in no place is more than eight (8) miles from the western boundary; and (5) The territory is located within a metropolitan statistical area. (e) Notwithstanding the requirements of this section, or §§ 6-1-202 , 6-1-203 , and 6-1-209 , or any other law to the contrary, the petition for incorporation of the territory described in this subsection (e) may consist of a letter from a resident of the territory desiring to incorporate to the county election commission requesting that the question of incorporating the territory be placed on the ballot. The letter shall describe the exact boundaries of the proposed municipality, indicate the name of the proposed municipality, and indicate under which charter the territory desires to incorporate. The letter shall be treated as a petition meeting all the requirements of law. (f) (1) Notwithstanding any law to the contrary, whenever the governing body of any existing city affected by this section, by a resolution adopted by a majority vote of its governing body, indicates that it has no interest in annexing the property to be incorporated, and when a certified copy of such resolution and a petition requesting that an incorporation election be held are filed with the county election commission, then the proceedings shall continue as provided in this chapter as though the proposed new incorporation was not within the specified distance of such existing city as provided in this section. (2) Subdivision (f)(1) applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, and in counties having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census. An existing municipality located in an adjoining county may adopt a resolution in accordance with subdivision (f)(1) for purposes of authorizing incorporation under this subsection (f). (g) Nothing in this part affects an existing municipality's authority to annex unincorporated areas within the existing municipality's urban growth boundary. Amended by 2018 Tenn. Acts, ch. 760,Secs.s1, s2 eff. 4/19/2018. Acts 1991, ch. 154, § 1; 1993, ch. 320, §§ 1, 2; 1995, ch. 13, § 1; 1995, ch. 202, § 1; 1996, ch. 666, §§ 1, 4; 1996, ch. 708, §§ 1, 3; 1997, ch. 98, §§ 7-10; 1998, ch. 1101, § 27.
(a) (1) The residents of any incorporated municipality or of any territory wanting to incorporate under this charter may adopt chapters 1-4 of this title in the manner provided in this chapter. Thereupon, the municipality or territory shall be and become incorporated and be governed as set forth in this chapter. No unincorporated territory shall be incorporated under this charter unless such territory contains not fewer than one thousand five hundred (1,500) persons, who shall be actual residents of the territory. (2) No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, and that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year. (3) Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.
(1) The residents of any incorporated municipality or of any territory wanting to incorporate under this charter may adopt chapters 1-4 of this title in the manner provided in this chapter. Thereupon, the municipality or territory shall be and become incorporated and be governed as set forth in this chapter. No unincorporated territory shall be incorporated under this charter unless such territory contains not fewer than one thousand five hundred (1,500) persons, who shall be actual residents of the territory.
(2) No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, and that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year.
(3) Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.
(b) (1) (A) Except as provided in subdivision (b)(2), no unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population according to the latest census certified by the department of economic and community development. "Existing municipality" and "existing municipality of one hundred thousand (100,000) or more in population" do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the 1990 federal census or any subsequent census. (B) If any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more, according to the most recent federal census, and if the governing body of such municipality adopts a resolution by a two-thirds (2/3) vote indicating that the municipality has no desire to annex the territory, such territory may be included in a proposed new municipality. A petition for incorporation shall include a certified copy of such resolution from the affected municipality. (2) In any county having a population of more than eighteen thousand two hundred (18,200) and less than eighteen thousand five hundred (18,500), according to the latest census certified by the department of economic and community development, if any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population or within two (2) miles of an existing municipality of more than one thousand (1,000) and fewer than one hundred thousand (100,000) in population, according to the 1990 federal census or any subsequent census, then action on the petition as provided in §§ 6-1-202 and 6-1-204 shall be held in abeyance for fifteen (15) months from the date of filing the petition. If, within this period, the existing municipality does not annex at least twenty percent (20%) of the land area or twenty percent (20%) of the population of the territory proposed for incorporation, then proceedings shall be continued as provided in §§ 6-1-202 and 6-1-204 as though the petition had been filed at the conclusion of the fifteen-month period. If the existing municipality annexes at least that part of the territory within this period, then the petition shall be null and void.
(1) (A) Except as provided in subdivision (b)(2), no unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population according to the latest census certified by the department of economic and community development. "Existing municipality" and "existing municipality of one hundred thousand (100,000) or more in population" do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the 1990 federal census or any subsequent census. (B) If any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more, according to the most recent federal census, and if the governing body of such municipality adopts a resolution by a two-thirds (2/3) vote indicating that the municipality has no desire to annex the territory, such territory may be included in a proposed new municipality. A petition for incorporation shall include a certified copy of such resolution from the affected municipality.
(A) Except as provided in subdivision (b)(2), no unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population according to the latest census certified by the department of economic and community development. "Existing municipality" and "existing municipality of one hundred thousand (100,000) or more in population" do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the 1990 federal census or any subsequent census.
(B) If any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more, according to the most recent federal census, and if the governing body of such municipality adopts a resolution by a two-thirds (2/3) vote indicating that the municipality has no desire to annex the territory, such territory may be included in a proposed new municipality. A petition for incorporation shall include a certified copy of such resolution from the affected municipality.
(2) In any county having a population of more than eighteen thousand two hundred (18,200) and less than eighteen thousand five hundred (18,500), according to the latest census certified by the department of economic and community development, if any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population or within two (2) miles of an existing municipality of more than one thousand (1,000) and fewer than one hundred thousand (100,000) in population, according to the 1990 federal census or any subsequent census, then action on the petition as provided in §§ 6-1-202 and 6-1-204 shall be held in abeyance for fifteen (15) months from the date of filing the petition. If, within this period, the existing municipality does not annex at least twenty percent (20%) of the land area or twenty percent (20%) of the population of the territory proposed for incorporation, then proceedings shall be continued as provided in §§ 6-1-202 and 6-1-204 as though the petition had been filed at the conclusion of the fifteen-month period. If the existing municipality annexes at least that part of the territory within this period, then the petition shall be null and void.
(c) Notwithstanding subsection (a) or (b) to the contrary, a territory may be incorporated if the following conditions are fulfilled: (1) The territory contains two hundred twenty-five (225) residents or more; (2) The territory is composed of property that is one thousand six hundred feet (1,600') or more above sea level on the western border of the territory and contiguous with a county boundary on the eastern border of the territory; (3) The territory is located within an area that is bordered on the west, north and east by the Tennessee River and on the south by the border between Tennessee and another state; and (4) The territory is located within a metropolitan statistical area.
(1) The territory contains two hundred twenty-five (225) residents or more;
(2) The territory is composed of property that is one thousand six hundred feet (1,600') or more above sea level on the western border of the territory and contiguous with a county boundary on the eastern border of the territory;
(3) The territory is located within an area that is bordered on the west, north and east by the Tennessee River and on the south by the border between Tennessee and another state; and
(4) The territory is located within a metropolitan statistical area.
(d) Notwithstanding subsections (a)-(c) to the contrary, a territory may be incorporated that meets the following conditions: (1) The territory contains three hundred (300) residents or more; (2) The territory's western boundary is contiguous with the western boundary of the county in which it is located; (3) The territory is located within an area bordered on the north by the Loosahatchie River and on the south by the Wolf River; (4) The territory's eastern boundary is approximately parallel with the western boundary, but in no place is more than eight (8) miles from the western boundary; and (5) The territory is located within a metropolitan statistical area.
(1) The territory contains three hundred (300) residents or more;
(2) The territory's western boundary is contiguous with the western boundary of the county in which it is located;
(3) The territory is located within an area bordered on the north by the Loosahatchie River and on the south by the Wolf River;
(4) The territory's eastern boundary is approximately parallel with the western boundary, but in no place is more than eight (8) miles from the western boundary; and
(5) The territory is located within a metropolitan statistical area.
(e) Notwithstanding the requirements of this section, or §§ 6-1-202 , 6-1-203 , and 6-1-209 , or any other law to the contrary, the petition for incorporation of the territory described in this subsection (e) may consist of a letter from a resident of the territory desiring to incorporate to the county election commission requesting that the question of incorporating the territory be placed on the ballot. The letter shall describe the exact boundaries of the proposed municipality, indicate the name of the proposed municipality, and indicate under which charter the territory desires to incorporate. The letter shall be treated as a petition meeting all the requirements of law.
(f) (1) Notwithstanding any law to the contrary, whenever the governing body of any existing city affected by this section, by a resolution adopted by a majority vote of its governing body, indicates that it has no interest in annexing the property to be incorporated, and when a certified copy of such resolution and a petition requesting that an incorporation election be held are filed with the county election commission, then the proceedings shall continue as provided in this chapter as though the proposed new incorporation was not within the specified distance of such existing city as provided in this section. (2) Subdivision (f)(1) applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, and in counties having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census. An existing municipality located in an adjoining county may adopt a resolution in accordance with subdivision (f)(1) for purposes of authorizing incorporation under this subsection (f).
(1) Notwithstanding any law to the contrary, whenever the governing body of any existing city affected by this section, by a resolution adopted by a majority vote of its governing body, indicates that it has no interest in annexing the property to be incorporated, and when a certified copy of such resolution and a petition requesting that an incorporation election be held are filed with the county election commission, then the proceedings shall continue as provided in this chapter as though the proposed new incorporation was not within the specified distance of such existing city as provided in this section.
(2) Subdivision (f)(1) applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, and in counties having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census. An existing municipality located in an adjoining county may adopt a resolution in accordance with subdivision (f)(1) for purposes of authorizing incorporation under this subsection (f).
(g) Nothing in this part affects an existing municipality's authority to annex unincorporated areas within the existing municipality's urban growth boundary.
Amended by 2018 Tenn. Acts, ch. 760,Secs.s1, s2 eff. 4/19/2018.
Acts 1991, ch. 154, § 1; 1993, ch. 320, §§ 1, 2; 1995, ch. 13, § 1; 1995, ch. 202, § 1; 1996, ch. 666, §§ 1, 4; 1996, ch. 708, §§ 1, 3; 1997, ch. 98, §§ 7-10; 1998, ch. 1101, § 27.
Tenn. Code Ann. § 6-2-102 — TN Code / Title 6 / Chapter 2 / Section 6-2-102
Ordinance procedure
Status: in_force

An ordinance shall be considered and adopted on two (2) separate days; any other form of board action shall be considered and adopted in one (1) day. Any form of board action shall be passed by a majority of the members present, if there is a quorum. A quorum is a majority of the members to which the board is entitled. All ayes and nays on all votes on all forms of board action shall be recorded. Acts 1991, ch. 154, § 1; 1998, ch. 621, § 1.
An ordinance shall be considered and adopted on two (2) separate days; any other form of board action shall be considered and adopted in one (1) day. Any form of board action shall be passed by a majority of the members present, if there is a quorum. A quorum is a majority of the members to which the board is entitled. All ayes and nays on all votes on all forms of board action shall be recorded.
Acts 1991, ch. 154, § 1; 1998, ch. 621, § 1.
Tenn. Code Ann. § 6-53-104 — TN Code / Title 6 / Chapter 53 / Section 6-53-104
Voting members of governing body limited
Status: in_force

(a) (1) After the next general election for the governing body of a municipality held on or after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members. (2) With respect to municipalities formed after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members. (b) (1) For purposes of complying with subsection (a), the governing body of a municipality shall dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed twenty (20) voting members. Using the most recent federal census, the governing body shall ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law. (2) The governing body of a municipality may take any action by majority vote of the governing body necessary to implement and facilitate this section, irrespective of any provision of a charter or private act. (c) Notwithstanding a general law or charter provision to the contrary, and irrespective of whether a person has previously served on the governing body of a municipality: (1) A person who is elected on or after March 9, 2023 may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing municipal charter; and (2) After the reapportionment of districts under subsection (b), if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing municipal charter. (d) As used in this section, "governing body of a municipality" means that body, board, or council in which the general legislative powers of an incorporated city or town, including a home rule city, are vested. The term does not include the governing body of a metropolitan government. Added by 2023 Tenn. Acts, ch. 21, s 2, eff. 3/9/2023.
(a) (1) After the next general election for the governing body of a municipality held on or after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members. (2) With respect to municipalities formed after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members.
(1) After the next general election for the governing body of a municipality held on or after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members.
(2) With respect to municipalities formed after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members.
(b) (1) For purposes of complying with subsection (a), the governing body of a municipality shall dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed twenty (20) voting members. Using the most recent federal census, the governing body shall ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law. (2) The governing body of a municipality may take any action by majority vote of the governing body necessary to implement and facilitate this section, irrespective of any provision of a charter or private act.
(1) For purposes of complying with subsection (a), the governing body of a municipality shall dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed twenty (20) voting members. Using the most recent federal census, the governing body shall ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law.
(2) The governing body of a municipality may take any action by majority vote of the governing body necessary to implement and facilitate this section, irrespective of any provision of a charter or private act.
(c) Notwithstanding a general law or charter provision to the contrary, and irrespective of whether a person has previously served on the governing body of a municipality: (1) A person who is elected on or after March 9, 2023 may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing municipal charter; and (2) After the reapportionment of districts under subsection (b), if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing municipal charter.
(1) A person who is elected on or after March 9, 2023 may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing municipal charter; and
(2) After the reapportionment of districts under subsection (b), if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing municipal charter.
(d) As used in this section, "governing body of a municipality" means that body, board, or council in which the general legislative powers of an incorporated city or town, including a home rule city, are vested. The term does not include the governing body of a metropolitan government.
Added by 2023 Tenn. Acts, ch. 21, s 2, eff. 3/9/2023.
Tenn. Code Ann. § 6-21-703 — TN Code / Title 6 / Chapter 21 / Section 6-21-703
Emergency powers
Status: in_force

(a) When any fire department or company recognized as duly constituted by the commissioner of commerce and insurance pursuant to § 68-102-108 is requested to respond to a fire, hazardous materials incident, natural disaster, service call, or other emergency, it may, regardless of where the emergency exists, proceed to the emergency site by the most direct route at the maximum speed consistent with safety. While responding to, operating at, or returning from such emergency, the chief of the responding fire department or company, or any member serving in capacity of fire officer-in-charge, shall also have the authority to: (1) Control and direct the activities at the scene of the emergency; (2) Order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such person or persons from injury; (3) Blockade any public highway, street or private right-of-way temporarily while at such scene; (4) Trespass at any time of the day or night without liability while at such scene; (5) Enter any building or premises, including private dwellings, where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire; (6) Enter any building or premises, including private dwellings, near the scene of the fire for the purpose of protecting the building or premises, or for the purpose of extinguishing the fire that is in progress in another building or premises; (7) Inspect for preplanning all buildings, structures, or other places in the chief's fire district, except the interior of a private dwelling, where any combustible material, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish, or other combustible material that is or may become dangerous as a fire menace to such buildings, structures, or other places has been allowed to accumulate, or where such chief or the chief's designated representative has reason to believe that such combustible material has accumulated or is likely to accumulate; (8) Direct without liability the removal or destruction of any fence, house, motor vehicle, or other thing, if such person deems such action necessary to prevent the further spread of the fire; (9) Request and be furnished with additional materials or special equipment at the expense of the owner of the property on which the emergency occurs, if deemed necessary to prevent the further spread of the fire or hazardous condition; and (10) Order disengagement or discouplement of any convoy, caravan, or train of vehicles, craft, or railway cars, if deemed necessary in the interest of safety of persons or property. (b) When any fire department or company responds to any emergency outside its fire district, however, it shall at all times be subject to the control of the fire chief or designated representative in whose district the emergency occurs. Acts 1921, ch. 173, art. 19, § 3; Shan. Supp., § 1997a234; Code 1932, § 3632; Acts 1975, ch. 166, § 2; T.C.A. (orig. ed.), § 6-2135; Acts 1993, ch. 171, § 1.
(a) When any fire department or company recognized as duly constituted by the commissioner of commerce and insurance pursuant to § 68-102-108 is requested to respond to a fire, hazardous materials incident, natural disaster, service call, or other emergency, it may, regardless of where the emergency exists, proceed to the emergency site by the most direct route at the maximum speed consistent with safety. While responding to, operating at, or returning from such emergency, the chief of the responding fire department or company, or any member serving in capacity of fire officer-in-charge, shall also have the authority to: (1) Control and direct the activities at the scene of the emergency; (2) Order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such person or persons from injury; (3) Blockade any public highway, street or private right-of-way temporarily while at such scene; (4) Trespass at any time of the day or night without liability while at such scene; (5) Enter any building or premises, including private dwellings, where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire; (6) Enter any building or premises, including private dwellings, near the scene of the fire for the purpose of protecting the building or premises, or for the purpose of extinguishing the fire that is in progress in another building or premises; (7) Inspect for preplanning all buildings, structures, or other places in the chief's fire district, except the interior of a private dwelling, where any combustible material, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish, or other combustible material that is or may become dangerous as a fire menace to such buildings, structures, or other places has been allowed to accumulate, or where such chief or the chief's designated representative has reason to believe that such combustible material has accumulated or is likely to accumulate; (8) Direct without liability the removal or destruction of any fence, house, motor vehicle, or other thing, if such person deems such action necessary to prevent the further spread of the fire; (9) Request and be furnished with additional materials or special equipment at the expense of the owner of the property on which the emergency occurs, if deemed necessary to prevent the further spread of the fire or hazardous condition; and (10) Order disengagement or discouplement of any convoy, caravan, or train of vehicles, craft, or railway cars, if deemed necessary in the interest of safety of persons or property.
(1) Control and direct the activities at the scene of the emergency;
(2) Order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such person or persons from injury;
(3) Blockade any public highway, street or private right-of-way temporarily while at such scene;
(4) Trespass at any time of the day or night without liability while at such scene;
(5) Enter any building or premises, including private dwellings, where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire;
(6) Enter any building or premises, including private dwellings, near the scene of the fire for the purpose of protecting the building or premises, or for the purpose of extinguishing the fire that is in progress in another building or premises;
(7) Inspect for preplanning all buildings, structures, or other places in the chief's fire district, except the interior of a private dwelling, where any combustible material, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish, or other combustible material that is or may become dangerous as a fire menace to such buildings, structures, or other places has been allowed to accumulate, or where such chief or the chief's designated representative has reason to believe that such combustible material has accumulated or is likely to accumulate;
(8) Direct without liability the removal or destruction of any fence, house, motor vehicle, or other thing, if such person deems such action necessary to prevent the further spread of the fire;
(9) Request and be furnished with additional materials or special equipment at the expense of the owner of the property on which the emergency occurs, if deemed necessary to prevent the further spread of the fire or hazardous condition; and
(10) Order disengagement or discouplement of any convoy, caravan, or train of vehicles, craft, or railway cars, if deemed necessary in the interest of safety of persons or property.
(b) When any fire department or company responds to any emergency outside its fire district, however, it shall at all times be subject to the control of the fire chief or designated representative in whose district the emergency occurs.
Acts 1921, ch. 173, art. 19, § 3; Shan. Supp., § 1997a234; Code 1932, § 3632; Acts 1975, ch. 166, § 2; T.C.A. (orig. ed.), § 6-2135; Acts 1993, ch. 171, § 1.
Tenn. Code Ann. § 6-56-101 — TN Code / Title 6 / Chapter 56 / Section 6-56-101
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 716,s 1, eff. 3/18/2022. Acts 1917, ch. 64, § 1; Shan. Supp., § 1947a1; mod. Code 1932, § 3501; T.C.A. (orig. ed.), § 6-801.
Repealed by 2022 Tenn. Acts, ch. 716,s 1, eff. 3/18/2022.
Acts 1917, ch. 64, § 1; Shan. Supp., § 1947a1; mod. Code 1932, § 3501; T.C.A. (orig. ed.), § 6-801.
Tenn. Code Ann. § 6-51-118 — TN Code / Title 6 / Chapter 51 / Section 6-51-118
Applicability to certain counties with a metropolitan form of government
Status: in_force

No provision of Acts 1998, ch. 1101, applies to an annexation in any county with a metropolitan form of government in which any part of the general services district is annexed into the urban services district; provided, that any section of this part specifically referenced on May 19, 1998, in the charter of any county with a metropolitan form of government shall refer to the language of such sections in effect on January 1, 1998. Acts 1998, ch. 1101, § 23.
No provision of Acts 1998, ch. 1101, applies to an annexation in any county with a metropolitan form of government in which any part of the general services district is annexed into the urban services district; provided, that any section of this part specifically referenced on May 19, 1998, in the charter of any county with a metropolitan form of government shall refer to the language of such sections in effect on January 1, 1998.
Acts 1998, ch. 1101, § 23.
Tenn. Code Ann. § 6-20-217 — TN Code / Title 6 / Chapter 20 / Section 6-20-217
Recording of ordinances
Status: in_force

Every ordinance shall be immediately taken charge of by the recorder and by the recorder be numbered, copied in an ordinance book, filed and preserved in the recorder's office. Acts 1921, ch. 173, art. 5, § 4; Shan. Supp., § 1997a152; Code 1932, § 3549; T.C.A. (orig. ed.), § 6-2028.
Every ordinance shall be immediately taken charge of by the recorder and by the recorder be numbered, copied in an ordinance book, filed and preserved in the recorder's office.
Acts 1921, ch. 173, art. 5, § 4; Shan. Supp., § 1997a152; Code 1932, § 3549; T.C.A. (orig. ed.), § 6-2028.
Tenn. Code Ann. § 6-56-405 — TN Code / Title 6 / Chapter 56 / Section 6-56-405
Exemptions from education requirements
Status: in_force

(a) The following individuals with financial oversight responsibility employed as a finance officer by a municipality and who would otherwise be required to have the certified municipal finance officer (CMFO) designation are exempt from the educational requirements leading to the CMFO designation, but shall comply with the continuing educational requirements of § 6-56-404 : (1) An individual designated as a certified government finance manager (CGFM) by the association of government accountants; (2) An individual designated as a certified public finance officer (CPFO) by the government finance officers association; (3) An individual licensed as a certified public accountant (CPA) by the state board of accountancy and in active status who has a minimum of five (5) years of primarily governmental experience with at least three (3) of those years in this state. (b) An individual employed as a municipal finance officer with financial oversight responsibility who would otherwise be required to have the CMFO designation but who is claiming exemption shall send proof of exemption to the comptroller of the treasury. The comptroller shall acknowledge an exemption in an appropriate manner determined by the comptroller. The comptroller shall keep a record of exempted individuals and their continuing education units earned. Acts 2007, ch. 576, § 1.
(a) The following individuals with financial oversight responsibility employed as a finance officer by a municipality and who would otherwise be required to have the certified municipal finance officer (CMFO) designation are exempt from the educational requirements leading to the CMFO designation, but shall comply with the continuing educational requirements of § 6-56-404 : (1) An individual designated as a certified government finance manager (CGFM) by the association of government accountants; (2) An individual designated as a certified public finance officer (CPFO) by the government finance officers association; (3) An individual licensed as a certified public accountant (CPA) by the state board of accountancy and in active status who has a minimum of five (5) years of primarily governmental experience with at least three (3) of those years in this state.
(1) An individual designated as a certified government finance manager (CGFM) by the association of government accountants;
(2) An individual designated as a certified public finance officer (CPFO) by the government finance officers association;
(3) An individual licensed as a certified public accountant (CPA) by the state board of accountancy and in active status who has a minimum of five (5) years of primarily governmental experience with at least three (3) of those years in this state.
(b) An individual employed as a municipal finance officer with financial oversight responsibility who would otherwise be required to have the CMFO designation but who is claiming exemption shall send proof of exemption to the comptroller of the treasury. The comptroller shall acknowledge an exemption in an appropriate manner determined by the comptroller. The comptroller shall keep a record of exempted individuals and their continuing education units earned.
Acts 2007, ch. 576, § 1.
Tenn. Code Ann. § 6-55-101 — TN Code / Title 6 / Chapter 55 / Section 6-55-101
Collection and payment of taxes
Status: in_force

(a) The collector of every municipal corporation shall collect and pay over to the treasurer, on the first Monday of January and July, each year, all taxes, fines, and forfeitures due and owing to the same; and, on failure, shall be liable for the amount of such collector's delinquency, with costs, on motion before the circuit court. (b) Notwithstanding any charter provision to the contrary, the powers of the county trustee of any county having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, shall include the power to collect real and personal property taxes or tax equivalents and all merchants' ad valorem taxes that have been delinquent for more than six (6) months as well as any interest and penalties thereon, if such power is given to the county trustee by ordinance of the legislative body of such a county. Code 1858, § 1382 (deriv. Acts 1849-1850, ch. 17, § 7); Shan., § 1972; mod. Code 1932, § 3379; modified; T.C.A. (orig. ed.), § 6-702; Acts 1996, ch. 689, § 1.
(a) The collector of every municipal corporation shall collect and pay over to the treasurer, on the first Monday of January and July, each year, all taxes, fines, and forfeitures due and owing to the same; and, on failure, shall be liable for the amount of such collector's delinquency, with costs, on motion before the circuit court.
(b) Notwithstanding any charter provision to the contrary, the powers of the county trustee of any county having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, shall include the power to collect real and personal property taxes or tax equivalents and all merchants' ad valorem taxes that have been delinquent for more than six (6) months as well as any interest and penalties thereon, if such power is given to the county trustee by ordinance of the legislative body of such a county.
Code 1858, § 1382 (deriv. Acts 1849-1850, ch. 17, § 7); Shan., § 1972; mod. Code 1932, § 3379; modified; T.C.A. (orig. ed.), § 6-702; Acts 1996, ch. 689, § 1.
Tenn. Code Ann. § 6-54-143 — TN Code / Title 6 / Chapter 54 / Section 6-54-143
Attendance of meetings by service members through use of two-way electronic audio-video communication
Status: in_force

(a) By passage of an ordinance, by a two-thirds (2/3) vote, a municipal legislative body may allow a service member who is deployed for thirteen (13) months or less while serving as a member of the municipal legislative body to attend sessions of the body through the use of two-way electronic audio-video communication during the deployment. Attendance by the use of two-way electronic audio-video communication does not prevent the service member from being allowed to vote or drawing pay for attendance. Only one (1) service member at a time may attend and vote in sessions of the body as provided in this subsection (a). (b) As used in this section, "service member" means a member of the following: (1) The active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; (2) The United States merchant marine; (3) The commissioned corps of the United States public health service; (4) The commissioned corps of the national oceanic and atmospheric administration of the United States; or (5) The national guard of this state. Acts 2018 , ch. 604, § 1.
(a) By passage of an ordinance, by a two-thirds (2/3) vote, a municipal legislative body may allow a service member who is deployed for thirteen (13) months or less while serving as a member of the municipal legislative body to attend sessions of the body through the use of two-way electronic audio-video communication during the deployment. Attendance by the use of two-way electronic audio-video communication does not prevent the service member from being allowed to vote or drawing pay for attendance. Only one (1) service member at a time may attend and vote in sessions of the body as provided in this subsection (a).
(b) As used in this section, "service member" means a member of the following: (1) The active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; (2) The United States merchant marine; (3) The commissioned corps of the United States public health service; (4) The commissioned corps of the national oceanic and atmospheric administration of the United States; or (5) The national guard of this state.
(1) The active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
(2) The United States merchant marine;
(3) The commissioned corps of the United States public health service;
(4) The commissioned corps of the national oceanic and atmospheric administration of the United States; or
(5) The national guard of this state.
Acts 2018 , ch. 604, § 1.
Tenn. Code Ann. § 6-22-128 — TN Code / Title 6 / Chapter 22 / Section 6-22-128
Certification of availability of funds to meet contract obligations
Status: in_force

No contract, agreement, or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the board of commissioners or be authorized by any officer of the city, unless the finance director shall first certify to the board or the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the treasury or safely assured to be forthcoming and available in time to comply with, or meet such contract, agreement, obligation or expenditures; and no contract, agreement or other obligation involving the expenditure of money payable from the proceeds of bonds of the city shall be entered into until the issuance and sale of such bonds have been duly authorized in accordance with the provisions of this charter in reference to city bonds. Acts 1921, ch. 173, art. 11, § 10; Shan. Supp., § 1997a189; Code 1932, § 3587; T.C.A. (orig. ed.), § 6-2229; Acts 1989, ch. 175, § 20.
No contract, agreement, or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the board of commissioners or be authorized by any officer of the city, unless the finance director shall first certify to the board or the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the treasury or safely assured to be forthcoming and available in time to comply with, or meet such contract, agreement, obligation or expenditures; and no contract, agreement or other obligation involving the expenditure of money payable from the proceeds of bonds of the city shall be entered into until the issuance and sale of such bonds have been duly authorized in accordance with the provisions of this charter in reference to city bonds.
Acts 1921, ch. 173, art. 11, § 10; Shan. Supp., § 1997a189; Code 1932, § 3587; T.C.A. (orig. ed.), § 6-2229; Acts 1989, ch. 175, § 20.
Tenn. Code Ann. § 6-2-201 — TN Code / Title 6 / Chapter 2 / Section 6-2-201
General powers
Status: in_force

Every municipality incorporated under this charter may: (1) Assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation, and privileges taxable by law for municipal purposes; (2) Adopt classifications of the subjects and objects of taxation that are not contrary to law; (3) Make special assessments for local improvements; (4) Contract and be contracted with; (5) Incur debts by borrowing money or otherwise, and give any appropriate evidence thereof, in the manner provided for in this section; (6) Issue and give, sell, pledge or in any manner dispose of, negotiable or nonnegotiable interest-bearing or noninterest-bearing bonds, warrants, promissory notes or orders of the municipality, upon the credit of the municipality or solely upon the credit of specific property owned by the municipality or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the municipality, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two (2) or more such credits; (7) Expend the money of the municipality for all lawful purposes; (8) Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the municipality or state; (9) Condemn property, real or personal, or any easement, interest, or estate or use therein, either within or without the municipality, for present or future public use; the condemnation shall be effected in accordance with the terms and provisions of title 29, chapter 16, or in any other manner provided by law; (10) Take and hold property within or without the municipality or state upon trust, and administer trusts for the public benefit; (11) Acquire, construct, own, operate and maintain, or sell, lease, mortgage, pledge or otherwise dispose of public utilities or any estate or interest therein, or any other utility that is of service to the municipality, its inhabitants, or any part of the municipality, and further, may issue debt for these purposes under the Local Government Public Obligations Act, compiled in title 9, chapter 21; (12) Grant to any person, firm, association or municipality, franchises for public utilities and public services to be furnished the municipality and those in the municipality. The power to grant franchises embraces the power to grant exclusive franchises. When an exclusive franchise is granted, it shall be exclusive not only as against any other person, firm, association, or corporation, but also against the municipality itself. Franchises may be granted for a period of twenty-five (25) years or less, but not longer, except as provided in § 65-4-107(b) . The board may prescribe, in each grant of a franchise, the rates, fares, charges and regulations that may be made by the grantee of the franchise in accordance with state and federal law. Franchises may by their terms apply to the territory within the corporate limits of the municipality at the date of the franchises, and as the corporate limits may be enlarged, and to the existing streets, alleys and thoroughfares that may be opened after the grant of the franchise; (13) Make contracts with any person, firm, association or corporation for public utilities and public services to be furnished the municipality and those in the municipality. The power to make contracts embraces the power to make exclusive contracts. When an exclusive contract is entered into, it shall be exclusive against any other person, firm, association or corporation. These contracts may be entered into for a period of twenty-five (25) years or less, but not longer. The board may prescribe in each such contract entered into the rates, fares, charges, and regulations that may be made by the person, firm, association or corporation with whom the contract is made. Such contracts may by their terms apply to the territory within the corporate limits of the municipality at the date of the contract, and as the corporate limits may be enlarged, and to the then existing streets, alleys and thoroughfares and to any other streets, alleys and other thoroughfares that may be opened after the grant of the contract; (14) Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation and service of public utilities, compel reasonable extensions of facilities for these services, and assess fees for the use of or impact upon these services. Nothing in this subdivision (14) shall be construed to permit the alteration or impairment of any of the terms or provisions of any exclusive franchise granted or of any exclusive contract entered into under subdivisions (12) and (13); (15) Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds, public facilities, libraries and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains within or without the corporate limits, regulate their use within the corporate limits, assess fees for the use of or impact upon such property and facilities, and take and appropriate property therefor under §§ 7-31-107 - 7-31-111 and 29-16-203, or any other manner provided by general laws; (16) (A) Construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and assess a portion of the cost of these improvements on the property abutting on or adjacent to these streets, highways or alleys under, and as provided by, title 7, chapters 32 and 33; (B) Subdivision (16)(A) may not be construed to prohibit a municipality with a population of not less than seven hundred (700) nor more than seven hundred five (705), according to the 1990 federal census or any subsequent federal census, from installing and maintaining a traffic control signal within its corporate limits, and any such municipality is expressly so authorized; provided, that no device shall be installed to control traffic on a state highway without the approval of the commissioner of transportation; (17) Assess against abutting property within the corporate limits the cost of planting shade trees, removing from sidewalks all accumulations of snow, ice and earth, cutting and removing obnoxious weeds and rubbish, street lighting, street sweeping, street sprinkling, street flushing, and street oiling, the cleaning and rendering sanitary or removing, abolishing and prohibiting of closets and privies, in such manner as may be provided by general law or by ordinance of the board; (18) Acquire, purchase, provide for, construct, regulate and maintain and do all things relating to all marketplaces, public buildings, bridges, sewers and other structures, works and improvements; (19) Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste, or license and regulate their collection and disposal, and the cost of collection, regulation or disposal may be funded by taxation, special assessment to the property owner, user fees or other charges; (20) License and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession or trade not prohibited by law; (21) Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege or calling not prohibited by law; (22) Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers; (23) Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained; (24) Inspect, test, measure and weigh any article for consumption or use within the municipality, and charge reasonable fees therefor, and provide standards of weights, tests and measures in such manner as may be provided pursuant to title 47, chapter 26, part 9; (25) Regulate the location, bulk, occupancy, area, lot, location, height, construction and materials of all buildings and structures in accordance with general law, and inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and when necessary, prevent their use and require any alteration or changes necessary to make them healthful, clean or safe; (26) Provide and maintain charitable, educational, recreative, curative, corrective, detentive, or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services; (27) Purchase or construct, maintain and establish a correctional facility for the confinement and detention of persons who violate laws within the corporate limits of the city, or to contract with the county to keep these persons in the correctional facility of the county and to enforce the payment of fines and costs in accordance with §§ 40-24-104 and 40-24-105 or through contempt proceedings in accordance with general law; (28) (A) Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and by other actions or proceedings in any court of competent jurisdiction; (B) Provide by ordinance for court costs as provided in the Municipal Court Reform Act, compiled in title 16, chapter 18, part 3; (29) Establish schools, to the extent authorized pursuant to general law, determine the necessary boards, officers and teachers required therefor, and fix their compensation, purchase or otherwise acquire land for or assess a fee for use of, or impact upon, schoolhouses, playgrounds and other purposes connected with the schools, purchase or erect all necessary buildings and do all other acts necessary to establish, maintain and operate a complete educational system within the municipality; (30) Regulate, tax, license or suppress the keeping or going at large of animals within the municipality, impound them, and in default of redemption, sell or kill them; (31) Call elections as provided in this charter; (32) Have and exercise all powers that now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though these powers were specifically enumerated; and (33) Create a design review commission, which shall have the authority to develop general guidelines and to develop procedures for the approval of the guidelines for the exterior appearance of all nonresidential property, multiple family residential property, and any entrance to nonresidential developments within the municipality; provided, that the authority is subordinate to and in no way exceeds the authority delegated to a municipal planning commission pursuant to title 13, chapter 4. Any property owner affected by the guidelines may appeal a decision by the design review commission to the municipality's planning commission or, if there is no planning commission, to the entire municipal legislative body. Amended by 2016 Tenn. Acts, ch. 645,s 2, eff. 3/23/2016. Amended by 2014 Tenn. Acts, ch. 927,s 6, eff. 5/16/2014. Acts 1991, ch. 154, § 1; 1995, ch. 13, § 4; 1998, ch. 621, § 2; 1998, ch. 1126, § 1; 2006, ch. 796, § 1; 2011, ch. 453, § 1.
Every municipality incorporated under this charter may:
(1) Assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation, and privileges taxable by law for municipal purposes;
(2) Adopt classifications of the subjects and objects of taxation that are not contrary to law;
(3) Make special assessments for local improvements;
(4) Contract and be contracted with;
(5) Incur debts by borrowing money or otherwise, and give any appropriate evidence thereof, in the manner provided for in this section;
(6) Issue and give, sell, pledge or in any manner dispose of, negotiable or nonnegotiable interest-bearing or noninterest-bearing bonds, warrants, promissory notes or orders of the municipality, upon the credit of the municipality or solely upon the credit of specific property owned by the municipality or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the municipality, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two (2) or more such credits;
(7) Expend the money of the municipality for all lawful purposes;
(8) Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the municipality or state;
(9) Condemn property, real or personal, or any easement, interest, or estate or use therein, either within or without the municipality, for present or future public use; the condemnation shall be effected in accordance with the terms and provisions of title 29, chapter 16, or in any other manner provided by law;
(10) Take and hold property within or without the municipality or state upon trust, and administer trusts for the public benefit;
(11) Acquire, construct, own, operate and maintain, or sell, lease, mortgage, pledge or otherwise dispose of public utilities or any estate or interest therein, or any other utility that is of service to the municipality, its inhabitants, or any part of the municipality, and further, may issue debt for these purposes under the Local Government Public Obligations Act, compiled in title 9, chapter 21;
(12) Grant to any person, firm, association or municipality, franchises for public utilities and public services to be furnished the municipality and those in the municipality. The power to grant franchises embraces the power to grant exclusive franchises. When an exclusive franchise is granted, it shall be exclusive not only as against any other person, firm, association, or corporation, but also against the municipality itself. Franchises may be granted for a period of twenty-five (25) years or less, but not longer, except as provided in § 65-4-107(b) . The board may prescribe, in each grant of a franchise, the rates, fares, charges and regulations that may be made by the grantee of the franchise in accordance with state and federal law. Franchises may by their terms apply to the territory within the corporate limits of the municipality at the date of the franchises, and as the corporate limits may be enlarged, and to the existing streets, alleys and thoroughfares that may be opened after the grant of the franchise;
(13) Make contracts with any person, firm, association or corporation for public utilities and public services to be furnished the municipality and those in the municipality. The power to make contracts embraces the power to make exclusive contracts. When an exclusive contract is entered into, it shall be exclusive against any other person, firm, association or corporation. These contracts may be entered into for a period of twenty-five (25) years or less, but not longer. The board may prescribe in each such contract entered into the rates, fares, charges, and regulations that may be made by the person, firm, association or corporation with whom the contract is made. Such contracts may by their terms apply to the territory within the corporate limits of the municipality at the date of the contract, and as the corporate limits may be enlarged, and to the then existing streets, alleys and thoroughfares and to any other streets, alleys and other thoroughfares that may be opened after the grant of the contract;
(14) Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation and service of public utilities, compel reasonable extensions of facilities for these services, and assess fees for the use of or impact upon these services. Nothing in this subdivision (14) shall be construed to permit the alteration or impairment of any of the terms or provisions of any exclusive franchise granted or of any exclusive contract entered into under subdivisions (12) and (13);
(15) Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds, public facilities, libraries and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains within or without the corporate limits, regulate their use within the corporate limits, assess fees for the use of or impact upon such property and facilities, and take and appropriate property therefor under §§ 7-31-107 - 7-31-111 and 29-16-203, or any other manner provided by general laws;
(16) (A) Construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and assess a portion of the cost of these improvements on the property abutting on or adjacent to these streets, highways or alleys under, and as provided by, title 7, chapters 32 and 33; (B) Subdivision (16)(A) may not be construed to prohibit a municipality with a population of not less than seven hundred (700) nor more than seven hundred five (705), according to the 1990 federal census or any subsequent federal census, from installing and maintaining a traffic control signal within its corporate limits, and any such municipality is expressly so authorized; provided, that no device shall be installed to control traffic on a state highway without the approval of the commissioner of transportation;
(A) Construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and assess a portion of the cost of these improvements on the property abutting on or adjacent to these streets, highways or alleys under, and as provided by, title 7, chapters 32 and 33;
(B) Subdivision (16)(A) may not be construed to prohibit a municipality with a population of not less than seven hundred (700) nor more than seven hundred five (705), according to the 1990 federal census or any subsequent federal census, from installing and maintaining a traffic control signal within its corporate limits, and any such municipality is expressly so authorized; provided, that no device shall be installed to control traffic on a state highway without the approval of the commissioner of transportation;
(17) Assess against abutting property within the corporate limits the cost of planting shade trees, removing from sidewalks all accumulations of snow, ice and earth, cutting and removing obnoxious weeds and rubbish, street lighting, street sweeping, street sprinkling, street flushing, and street oiling, the cleaning and rendering sanitary or removing, abolishing and prohibiting of closets and privies, in such manner as may be provided by general law or by ordinance of the board;
(18) Acquire, purchase, provide for, construct, regulate and maintain and do all things relating to all marketplaces, public buildings, bridges, sewers and other structures, works and improvements;
(19) Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste, or license and regulate their collection and disposal, and the cost of collection, regulation or disposal may be funded by taxation, special assessment to the property owner, user fees or other charges;
(20) License and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession or trade not prohibited by law;
(21) Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege or calling not prohibited by law;
(22) Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers;
(23) Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained;
(24) Inspect, test, measure and weigh any article for consumption or use within the municipality, and charge reasonable fees therefor, and provide standards of weights, tests and measures in such manner as may be provided pursuant to title 47, chapter 26, part 9;
(25) Regulate the location, bulk, occupancy, area, lot, location, height, construction and materials of all buildings and structures in accordance with general law, and inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and when necessary, prevent their use and require any alteration or changes necessary to make them healthful, clean or safe;
(26) Provide and maintain charitable, educational, recreative, curative, corrective, detentive, or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services;
(27) Purchase or construct, maintain and establish a correctional facility for the confinement and detention of persons who violate laws within the corporate limits of the city, or to contract with the county to keep these persons in the correctional facility of the county and to enforce the payment of fines and costs in accordance with §§ 40-24-104 and 40-24-105 or through contempt proceedings in accordance with general law;
(28) (A) Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and by other actions or proceedings in any court of competent jurisdiction; (B) Provide by ordinance for court costs as provided in the Municipal Court Reform Act, compiled in title 16, chapter 18, part 3;
(A) Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and by other actions or proceedings in any court of competent jurisdiction;
(B) Provide by ordinance for court costs as provided in the Municipal Court Reform Act, compiled in title 16, chapter 18, part 3;
(29) Establish schools, to the extent authorized pursuant to general law, determine the necessary boards, officers and teachers required therefor, and fix their compensation, purchase or otherwise acquire land for or assess a fee for use of, or impact upon, schoolhouses, playgrounds and other purposes connected with the schools, purchase or erect all necessary buildings and do all other acts necessary to establish, maintain and operate a complete educational system within the municipality;
(30) Regulate, tax, license or suppress the keeping or going at large of animals within the municipality, impound them, and in default of redemption, sell or kill them;
(31) Call elections as provided in this charter;
(32) Have and exercise all powers that now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though these powers were specifically enumerated; and
(33) Create a design review commission, which shall have the authority to develop general guidelines and to develop procedures for the approval of the guidelines for the exterior appearance of all nonresidential property, multiple family residential property, and any entrance to nonresidential developments within the municipality; provided, that the authority is subordinate to and in no way exceeds the authority delegated to a municipal planning commission pursuant to title 13, chapter 4. Any property owner affected by the guidelines may appeal a decision by the design review commission to the municipality's planning commission or, if there is no planning commission, to the entire municipal legislative body.
Amended by 2016 Tenn. Acts, ch. 645,s 2, eff. 3/23/2016.
Amended by 2014 Tenn. Acts, ch. 927,s 6, eff. 5/16/2014.
Acts 1991, ch. 154, § 1; 1995, ch. 13, § 4; 1998, ch. 621, § 2; 1998, ch. 1126, § 1; 2006, ch. 796, § 1; 2011, ch. 453, § 1.
Tenn. Code Ann. § 6-21-803 — TN Code / Title 6 / Chapter 21 / Section 6-21-803
Building plans
Status: in_force

All plans for the erection or improvement of school buildings or other buildings used for educational purposes shall be subject to the approval of the city manager. Acts 1921, ch. 173, art. 20, § 4; Shan. Supp., § 1997a239; Code 1932, § 3637; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2140.
All plans for the erection or improvement of school buildings or other buildings used for educational purposes shall be subject to the approval of the city manager.
Acts 1921, ch. 173, art. 20, § 4; Shan. Supp., § 1997a239; Code 1932, § 3637; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2140.
Tenn. Code Ann. § 6-21-105 — TN Code / Title 6 / Chapter 21 / Section 6-21-105
Additional bond
Status: in_force

If, at any time, it appears to the mayor, city manager, or recorder that the surety or sureties on any official bond are insufficient, the officer or employee shall be required to give additional bond, and if such officer or employee fails to give additional bond within twenty (20) days after being notified, the officer or employee's office shall be vacant. Acts 1921, ch. 173, art. 7, § 5; Shan. Supp., § 1997a161; Code 1932, § 3558; T.C.A. (orig. ed.), § 6-2105.
If, at any time, it appears to the mayor, city manager, or recorder that the surety or sureties on any official bond are insufficient, the officer or employee shall be required to give additional bond, and if such officer or employee fails to give additional bond within twenty (20) days after being notified, the officer or employee's office shall be vacant.
Acts 1921, ch. 173, art. 7, § 5; Shan. Supp., § 1997a161; Code 1932, § 3558; T.C.A. (orig. ed.), § 6-2105.
Tenn. Code Ann. § 6-35-413 — TN Code / Title 6 / Chapter 35 / Section 6-35-413
Political activity prohibited - Penalty
Status: in_force

(a) No officer or employee of the city, other than council members, or members of the board of education, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office nor hold office in any political activity. (b) No officer or employee of the city shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city. (c) No officer or employee of the city, other than council members or board of education members, shall make any contribution to the campaign funds of any candidate in any city election, nor shall such person take part in the management, affairs or political campaign of any city election, other than in the exercise of such person's rights as a citizen to express such person's opinions and to cast such person's vote. (d) (1) Any person who alone or with others willfully or corruptly violates any provision of this section commits a Class C misdemeanor. (2) Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five (5) years thereafter and, if such person is an officer or employee at the time of conviction, shall immediately forfeit and vacate the office or position held. Acts 1957, ch. 238, § 7.34; T.C.A., § 6-3534; Acts 1989, ch. 591, § 113.
(a) No officer or employee of the city, other than council members, or members of the board of education, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office nor hold office in any political activity.
(b) No officer or employee of the city shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city.
(c) No officer or employee of the city, other than council members or board of education members, shall make any contribution to the campaign funds of any candidate in any city election, nor shall such person take part in the management, affairs or political campaign of any city election, other than in the exercise of such person's rights as a citizen to express such person's opinions and to cast such person's vote.
(d) (1) Any person who alone or with others willfully or corruptly violates any provision of this section commits a Class C misdemeanor. (2) Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five (5) years thereafter and, if such person is an officer or employee at the time of conviction, shall immediately forfeit and vacate the office or position held.
(1) Any person who alone or with others willfully or corruptly violates any provision of this section commits a Class C misdemeanor.
(2) Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five (5) years thereafter and, if such person is an officer or employee at the time of conviction, shall immediately forfeit and vacate the office or position held.
Acts 1957, ch. 238, § 7.34; T.C.A., § 6-3534; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 6-56-211 — TN Code / Title 6 / Chapter 56 / Section 6-56-211
Unexpended appropriations
Status: in_force

Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. Acts 1982, ch. 626, § 1.
Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation.
Acts 1982, ch. 626, § 1.
Tenn. Code Ann. § 6-22-109 — TN Code / Title 6 / Chapter 22 / Section 6-22-109
Extension of levy on tax books
Status: in_force

It is the duty of the finance director, immediately after the levy of taxes by the board of commissioners, to cause the levy to be extended upon the tax book prepared by the finance director in the same manner that extensions are made upon the tax books in the hands of the county trustee. Acts 1921, ch. 173, art. 10, § 4; Shan. Supp., § 1997a174; Code 1932, § 3571; T.C.A. (orig. ed.), § 6-2210; Acts 1989, ch. 175, § 20.
It is the duty of the finance director, immediately after the levy of taxes by the board of commissioners, to cause the levy to be extended upon the tax book prepared by the finance director in the same manner that extensions are made upon the tax books in the hands of the county trustee.
Acts 1921, ch. 173, art. 10, § 4; Shan. Supp., § 1997a174; Code 1932, § 3571; T.C.A. (orig. ed.), § 6-2210; Acts 1989, ch. 175, § 20.
Tenn. Code Ann. § 6-54-107 — TN Code / Title 6 / Chapter 54 / Section 6-54-107
Interest of officer in municipal contracts prohibited
Status: in_force

(a) No person holding office under any municipal corporation shall, during the time for which such person was elected or appointed, be capable of contracting with such corporation for the performance of any work that is to be paid for out of the treasury. Nor shall such person be capable of holding or having any other direct interest in such a contract. "Direct interest" means any contract with any business in which the official is the sole proprietor, a partner, or the person having the controlling interest. "Controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by any single individual or corporation. (b) No officer in a municipality shall be indirectly interested in any contract to which the municipality is a party unless the officer publicly acknowledges such officer's interest. "Indirectly interested" means any contract in which the officer is interested but not directly so, but includes contracts where the officer is directly interested but is the sole supplier of goods or services in a municipality. (c) (1) Any member of a local governing body of a municipality who is also an employee of the same municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows: "Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents." (2) In the event a member of a local governing body of a municipality has a conflict of interest in a matter to be voted upon by the body, the member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a municipality who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. (3) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (c)(1) shall be void if challenged in a timely manner. As used in this subdivision (c)(3), "timely manner" means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body. (4) Nothing in this subsection (c) alters, amends, or otherwise affects § 12-4-101(a) . In the event of any conflict between this subsection (c) and § 12-4-101(a) , § 12-4-101(a) shall prevail. (5) The legislative body of any metropolitan form of government or charter form of government may opt out of this subsection (c) by resolution. Amended by 2016 Tenn. Acts, ch. 1072,s 4, eff. 5/20/2016. Code 1858, § 1398 (deriv. Acts 1857-1858, ch. 7, § 1); Shan., § 1995; Code 1932, § 3497; T.C.A. (orig. ed.), § 6-626; Acts 1983, ch. 388, §§ 2, 6; 1985, ch. 236, § 1; 1986, ch. 765, §§ 1-3.
(a) No person holding office under any municipal corporation shall, during the time for which such person was elected or appointed, be capable of contracting with such corporation for the performance of any work that is to be paid for out of the treasury. Nor shall such person be capable of holding or having any other direct interest in such a contract. "Direct interest" means any contract with any business in which the official is the sole proprietor, a partner, or the person having the controlling interest. "Controlling interest" includes the individual with the ownership or control of the largest number of outstanding shares owned by any single individual or corporation.
(b) No officer in a municipality shall be indirectly interested in any contract to which the municipality is a party unless the officer publicly acknowledges such officer's interest. "Indirectly interested" means any contract in which the officer is interested but not directly so, but includes contracts where the officer is directly interested but is the sole supplier of goods or services in a municipality.
(c) (1) Any member of a local governing body of a municipality who is also an employee of the same municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows: "Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents." (2) In the event a member of a local governing body of a municipality has a conflict of interest in a matter to be voted upon by the body, the member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a municipality who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote. (3) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (c)(1) shall be void if challenged in a timely manner. As used in this subdivision (c)(3), "timely manner" means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body. (4) Nothing in this subsection (c) alters, amends, or otherwise affects § 12-4-101(a) . In the event of any conflict between this subsection (c) and § 12-4-101(a) , § 12-4-101(a) shall prevail. (5) The legislative body of any metropolitan form of government or charter form of government may opt out of this subsection (c) by resolution.
(1) Any member of a local governing body of a municipality who is also an employee of the same municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows: "Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents."
"Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents."
(2) In the event a member of a local governing body of a municipality has a conflict of interest in a matter to be voted upon by the body, the member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a municipality who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote.
(3) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (c)(1) shall be void if challenged in a timely manner. As used in this subdivision (c)(3), "timely manner" means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.
(4) Nothing in this subsection (c) alters, amends, or otherwise affects § 12-4-101(a) . In the event of any conflict between this subsection (c) and § 12-4-101(a) , § 12-4-101(a) shall prevail.
(5) The legislative body of any metropolitan form of government or charter form of government may opt out of this subsection (c) by resolution.
Amended by 2016 Tenn. Acts, ch. 1072,s 4, eff. 5/20/2016.
Code 1858, § 1398 (deriv. Acts 1857-1858, ch. 7, § 1); Shan., § 1995; Code 1932, § 3497; T.C.A. (orig. ed.), § 6-626; Acts 1983, ch. 388, §§ 2, 6; 1985, ch. 236, § 1; 1986, ch. 765, §§ 1-3.
Tenn. Code Ann. § 6-54-113 — TN Code / Title 6 / Chapter 54 / Section 6-54-113
Removal of vegetation and debris from certain lots
Status: in_force

(a) (1) "Municipality," as used in this section, includes incorporated cities and towns and metropolitan governments. (2) The authority provided in this section is permissive and not mandatory and may or may not be exercised by a municipality, as each municipality deems appropriate. (b) If it is determined by the appropriate department or person as designated by the governing body of a municipality that any owner of record of real property has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, or garbage, or any combination of the preceding elements, so as to endanger the health, safety or welfare of other citizens or to encourage the infestation of rats and other harmful animals, the appropriate department or person shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. When an attempt at notification by United States mail fails or no valid last known address exists for the owner of record, the municipality may publish the notice in a newspaper of general circulation in the county where the property sits for no less than two (2) consecutive issues or personally deliver the notice to the owner of record. For purposes of this section, such publication shall constitute receipt of notice effective on the date of the second publication of the notice and personal delivery shall constitute receipt of notice immediately upon delivery. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include, but not be limited to, the following elements: (1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition; (2) The person, office, address and telephone number of the department or person giving notice; (3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and (4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing. (c) (1) (A) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes. (B) When the owner of an owner-occupied residential property fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in accordance with reasonable standards in the community, with these costs to be assessed against the owner of the property. Subdivision (c)(1)(A) shall apply to the collection of costs against the owner of an owner-occupied residential property, except that the municipality shall wait until cumulative charges for remediation equal or exceed five hundred dollars ($500) before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in subdivision (c)(1)(A) for these charges. (2) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subdivision (a)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays. (3) As an alternative to the remedies provided in subdivision (c)(1)(A), if the owner of record of real property, including owner-occupied residential real property, fails or refuses to remedy the condition after receiving the notice described in subsection (b) within ten (10) days of receipt of the notice, or twenty (20) days of receipt of the notice when the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage, or other materials, the municipality may bill the owner the costs to remedy or remove the condition, in the same manner as municipal real property taxes and add the amount on the real property tax notice sent to the owner. If this remedy is used by a municipality, the amount billed to the property owner shall not constitute a lien on any affected property or accrue penalties or interest for late payment. Any municipality that adds such costs to the real property tax notices shall bear all expenses related to system modifications necessary to add the costs to the notices. (d) (1) The municipal governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The municipality shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing. (2) Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing. (e) The provisions of this section are in addition and supplemental to, and not in substitution for, similar authority in any municipality's charter or other applicable law. (f) In the event a privately owned cemetery would otherwise meet the requirements of this section, and if a Boy Scout troop or other organization were to remedy the conditions existing on such property, the municipality shall be prohibited from filing a lien against such property for the value of the work performed by such organization. Such organization shall be immune from any legal action for damages, and no cause of action for civil or criminal liability may be brought by the owner of record of the cemetery or descendants of those buried in the cemetery against such organization, so long as reasonable care is taken by such organization not to violate § 46-2-105 , § 46-3-108 [repealed], or any other provision of law, rule or regulation. (g) (1) As used in this subsection (g): (A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and (B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes. (2) Except as provided in subsection (f), if a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the municipal legislative body of any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within any such municipality, a community organization shall be entitled to petition the municipality to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the municipality is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any municipality that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the municipality for acts of omission or commission of such community organization for conditions remedied pursuant to such contract. Amended by 2023 Tenn. Acts, ch. 314, s 1, eff. 4/28/2023. Amended by 2014 Tenn. Acts, ch. 963,s 3, eff. 1/1/2015. Amended by 2014 Tenn. Acts, ch. 840, s 1, eff. 4/29/2014. Acts 1988, ch. 564, § 1; 1989, ch. 100, § 1; 1991, ch. 515, §§ 1, 3; 1993, ch. 210, § 1; 2007 , ch. 382, §§ 1, 2; 2010 , ch. 923, § 3.
(a) (1) "Municipality," as used in this section, includes incorporated cities and towns and metropolitan governments. (2) The authority provided in this section is permissive and not mandatory and may or may not be exercised by a municipality, as each municipality deems appropriate.
(1) "Municipality," as used in this section, includes incorporated cities and towns and metropolitan governments.
(2) The authority provided in this section is permissive and not mandatory and may or may not be exercised by a municipality, as each municipality deems appropriate.
(b) If it is determined by the appropriate department or person as designated by the governing body of a municipality that any owner of record of real property has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, or garbage, or any combination of the preceding elements, so as to endanger the health, safety or welfare of other citizens or to encourage the infestation of rats and other harmful animals, the appropriate department or person shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. When an attempt at notification by United States mail fails or no valid last known address exists for the owner of record, the municipality may publish the notice in a newspaper of general circulation in the county where the property sits for no less than two (2) consecutive issues or personally deliver the notice to the owner of record. For purposes of this section, such publication shall constitute receipt of notice effective on the date of the second publication of the notice and personal delivery shall constitute receipt of notice immediately upon delivery. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include, but not be limited to, the following elements: (1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition; (2) The person, office, address and telephone number of the department or person giving notice; (3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and (4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
(1) A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition;
(2) The person, office, address and telephone number of the department or person giving notice;
(3) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and
(4) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
(c) (1) (A) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes. (B) When the owner of an owner-occupied residential property fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in accordance with reasonable standards in the community, with these costs to be assessed against the owner of the property. Subdivision (c)(1)(A) shall apply to the collection of costs against the owner of an owner-occupied residential property, except that the municipality shall wait until cumulative charges for remediation equal or exceed five hundred dollars ($500) before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in subdivision (c)(1)(A) for these charges. (2) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subdivision (a)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays. (3) As an alternative to the remedies provided in subdivision (c)(1)(A), if the owner of record of real property, including owner-occupied residential real property, fails or refuses to remedy the condition after receiving the notice described in subsection (b) within ten (10) days of receipt of the notice, or twenty (20) days of receipt of the notice when the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage, or other materials, the municipality may bill the owner the costs to remedy or remove the condition, in the same manner as municipal real property taxes and add the amount on the real property tax notice sent to the owner. If this remedy is used by a municipality, the amount billed to the property owner shall not constitute a lien on any affected property or accrue penalties or interest for late payment. Any municipality that adds such costs to the real property tax notices shall bear all expenses related to system modifications necessary to add the costs to the notices.
(1) (A) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes. (B) When the owner of an owner-occupied residential property fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in accordance with reasonable standards in the community, with these costs to be assessed against the owner of the property. Subdivision (c)(1)(A) shall apply to the collection of costs against the owner of an owner-occupied residential property, except that the municipality shall wait until cumulative charges for remediation equal or exceed five hundred dollars ($500) before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in subdivision (c)(1)(A) for these charges.
(A) If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.
(B) When the owner of an owner-occupied residential property fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in accordance with reasonable standards in the community, with these costs to be assessed against the owner of the property. Subdivision (c)(1)(A) shall apply to the collection of costs against the owner of an owner-occupied residential property, except that the municipality shall wait until cumulative charges for remediation equal or exceed five hundred dollars ($500) before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in subdivision (c)(1)(A) for these charges.
(2) If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subdivision (a)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays.
(3) As an alternative to the remedies provided in subdivision (c)(1)(A), if the owner of record of real property, including owner-occupied residential real property, fails or refuses to remedy the condition after receiving the notice described in subsection (b) within ten (10) days of receipt of the notice, or twenty (20) days of receipt of the notice when the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage, or other materials, the municipality may bill the owner the costs to remedy or remove the condition, in the same manner as municipal real property taxes and add the amount on the real property tax notice sent to the owner. If this remedy is used by a municipality, the amount billed to the property owner shall not constitute a lien on any affected property or accrue penalties or interest for late payment. Any municipality that adds such costs to the real property tax notices shall bear all expenses related to system modifications necessary to add the costs to the notices.
(d) (1) The municipal governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The municipality shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing. (2) Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing.
(1) The municipal governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The municipality shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
(2) Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing.
(e) The provisions of this section are in addition and supplemental to, and not in substitution for, similar authority in any municipality's charter or other applicable law.
(f) In the event a privately owned cemetery would otherwise meet the requirements of this section, and if a Boy Scout troop or other organization were to remedy the conditions existing on such property, the municipality shall be prohibited from filing a lien against such property for the value of the work performed by such organization. Such organization shall be immune from any legal action for damages, and no cause of action for civil or criminal liability may be brought by the owner of record of the cemetery or descendants of those buried in the cemetery against such organization, so long as reasonable care is taken by such organization not to violate § 46-2-105 , § 46-3-108 [repealed], or any other provision of law, rule or regulation.
(g) (1) As used in this subsection (g): (A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and (B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes. (2) Except as provided in subsection (f), if a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the municipal legislative body of any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within any such municipality, a community organization shall be entitled to petition the municipality to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the municipality is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any municipality that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the municipality for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.
(1) As used in this subsection (g): (A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and (B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
(A) "Community organization" means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and
(B) "Vacant property" means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
(2) Except as provided in subsection (f), if a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the municipal legislative body of any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within any such municipality, a community organization shall be entitled to petition the municipality to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the municipality is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any municipality that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the municipality for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.
Amended by 2023 Tenn. Acts, ch. 314, s 1, eff. 4/28/2023.
Amended by 2014 Tenn. Acts, ch. 963,s 3, eff. 1/1/2015.
Amended by 2014 Tenn. Acts, ch. 840, s 1, eff. 4/29/2014.
Acts 1988, ch. 564, § 1; 1989, ch. 100, § 1; 1991, ch. 515, §§ 1, 3; 1993, ch. 210, § 1; 2007 , ch. 382, §§ 1, 2; 2010 , ch. 923, § 3.
Tenn. Code Ann. § 6-52-303 — TN Code / Title 6 / Chapter 52 / Section 6-52-303
Procedure
Status: in_force

(a) Any five (5) qualified voters of a municipal corporation that has failed to exercise municipal powers as described in § 6-52-302 may petition the chancery court or court of record with equity jurisdiction in the county in which the municipal corporation is located to declare the charter of the municipal corporation forfeited. (b) A hearing shall be held not more than sixty (60) days after the filing of the petition to determine whether the municipal corporation meets all the conditions set forth in § 6-52-302 . If the court determines that such conditions are met, then it shall issue a decree declaring the charter of the municipal corporation forfeited. (c) Such decree shall be transmitted by certified mail by the clerk of the court to the secretary of state who shall attach the decree to the charter of the municipal corporation and note its dissolution on all records relating to the municipal corporation. Failure of the secretary of state to make such notations shall have no effect on the forfeiture. Acts 1983, ch. 116, § 3.
(a) Any five (5) qualified voters of a municipal corporation that has failed to exercise municipal powers as described in § 6-52-302 may petition the chancery court or court of record with equity jurisdiction in the county in which the municipal corporation is located to declare the charter of the municipal corporation forfeited.
(b) A hearing shall be held not more than sixty (60) days after the filing of the petition to determine whether the municipal corporation meets all the conditions set forth in § 6-52-302 . If the court determines that such conditions are met, then it shall issue a decree declaring the charter of the municipal corporation forfeited.
(c) Such decree shall be transmitted by certified mail by the clerk of the court to the secretary of state who shall attach the decree to the charter of the municipal corporation and note its dissolution on all records relating to the municipal corporation. Failure of the secretary of state to make such notations shall have no effect on the forfeiture.
Acts 1983, ch. 116, § 3.
Tenn. Code Ann. § 6-54-510 — TN Code / Title 6 / Chapter 54 / Section 6-54-510
Validation of codified ordinances
Status: in_force

(a) When any municipality has its ordinances codified and adopts a code of ordinances in accordance with this part, or when a municipality has its code of ordinances updated from time to time, the adoption of the code or the updating of the code of ordinances shall cure any defects that occurred in the adoption of any of the individual ordinances that are codified or referred to in the code. (b) The adoption of all ordinances codified or referred to in all municipal codes of ordinances previously adopted and in existence on April 16, 1990, is hereby expressly validated and ratified, notwithstanding that defects may have occurred in the adoption. Acts 1990, ch. 863, § 1.
(a) When any municipality has its ordinances codified and adopts a code of ordinances in accordance with this part, or when a municipality has its code of ordinances updated from time to time, the adoption of the code or the updating of the code of ordinances shall cure any defects that occurred in the adoption of any of the individual ordinances that are codified or referred to in the code.
(b) The adoption of all ordinances codified or referred to in all municipal codes of ordinances previously adopted and in existence on April 16, 1990, is hereby expressly validated and ratified, notwithstanding that defects may have occurred in the adoption.
Acts 1990, ch. 863, § 1.
Tenn. Code Ann. § 6-31-103 — TN Code / Title 6 / Chapter 31 / Section 6-31-103
Qualifications for voting
Status: in_force

In any election under this charter, registered voters of the city or territory may vote. Acts 1957, ch. 238, § 3.03; 1972, ch. 740, § 4(50); T.C.A., § 6-3103.
In any election under this charter, registered voters of the city or territory may vote.
Acts 1957, ch. 238, § 3.03; 1972, ch. 740, § 4(50); T.C.A., § 6-3103.
Tenn. Code Ann. § 6-30-102 — TN Code / Title 6 / Chapter 30 / Section 6-30-102
Definitions - Chapters 30-36
Status: in_force

As used in chapters 30-36 of this title, unless the context otherwise requires: (1) "City" means any city or territory to be incorporated that may adopt chapters 30-36 of this title; (2) "County" means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census; and (3) "This charter" refers to chapters 30-36 of this title. Acts 1957, ch. 238, § 1.02; 1959, ch. 139, § 1; T.C.A., § 6-3002.
As used in chapters 30-36 of this title, unless the context otherwise requires:
(1) "City" means any city or territory to be incorporated that may adopt chapters 30-36 of this title;
(2) "County" means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census; and
(3) "This charter" refers to chapters 30-36 of this title.
Acts 1957, ch. 238, § 1.02; 1959, ch. 139, § 1; T.C.A., § 6-3002.
Tenn. Code Ann. § 6-55-401 — TN Code / Title 6 / Chapter 55 / Section 6-55-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner or such official designated by the city ordinance, to be appointed by the municipality; (2) "Inspector" means an inspector of the department of licenses; (3) "License" means a license issued pursuant to this part; (4) "Licensee" means any person to whom a license has been issued pursuant to this part; (5) "Municipality" means any incorporated city or any incorporated town; (6) "Publish," "publishing," "advertisement," or "advertising" means every kind of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, newspaper advertising, magazine advertisement, handbill, written notice, printed notice, printed display, billboard display, poster, radio announcement, and, any and all means including oral, written or printed; and (7) "Sales" means the sale or any offer to sell to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It also includes any sale advertised to be a "fire sale," "adjustment sale," "creditor's sale," "trustee's sale," "liquidation sale," "reorganization sale," "insurance salvage sale," "administrator's sale," "insolvent sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out sale," "creditor's committee sale," "forced-out-of-business sale," "removal sale" and any and all sales advertised in such manner as to reasonably convey to the public that upon disposal of the stock of goods on hand, the business will cease and be discontinued. Acts 1953, ch. 201, § 1 (Williams, § 3496.1); T.C.A. (orig. ed.), § 6-714.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner or such official designated by the city ordinance, to be appointed by the municipality;
(2) "Inspector" means an inspector of the department of licenses;
(3) "License" means a license issued pursuant to this part;
(4) "Licensee" means any person to whom a license has been issued pursuant to this part;
(5) "Municipality" means any incorporated city or any incorporated town;
(6) "Publish," "publishing," "advertisement," or "advertising" means every kind of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, newspaper advertising, magazine advertisement, handbill, written notice, printed notice, printed display, billboard display, poster, radio announcement, and, any and all means including oral, written or printed; and
(7) "Sales" means the sale or any offer to sell to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It also includes any sale advertised to be a "fire sale," "adjustment sale," "creditor's sale," "trustee's sale," "liquidation sale," "reorganization sale," "insurance salvage sale," "administrator's sale," "insolvent sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out sale," "creditor's committee sale," "forced-out-of-business sale," "removal sale" and any and all sales advertised in such manner as to reasonably convey to the public that upon disposal of the stock of goods on hand, the business will cease and be discontinued.
Acts 1953, ch. 201, § 1 (Williams, § 3496.1); T.C.A. (orig. ed.), § 6-714.
Tenn. Code Ann. § 6-54-1010 — TN Code / Title 6 / Chapter 54 / Section 6-54-1010
Party in default
Status: in_force

(a) If a party fails to attend or participate in a prehearing conference, hearing or other stage of a contested case, the administrative hearing officer may hold the party in default and either adjourn the proceedings or conduct them without the participation of that party, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings. (b) If the proceedings are conducted without the participation of the party in default, the administrative hearing officer shall include in the final order a written notice of default and a written statement of the grounds for the default. Acts 2010, ch. 1128, § 1.
(a) If a party fails to attend or participate in a prehearing conference, hearing or other stage of a contested case, the administrative hearing officer may hold the party in default and either adjourn the proceedings or conduct them without the participation of that party, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings.
(b) If the proceedings are conducted without the participation of the party in default, the administrative hearing officer shall include in the final order a written notice of default and a written statement of the grounds for the default.
Acts 2010, ch. 1128, § 1.
Tenn. Code Ann. § 6-54-1018 — TN Code / Title 6 / Chapter 54 / Section 6-54-1018
Appeal to court of appeals
Status: in_force

(a) An aggrieved party may obtain a review of any final judgment of the chancery court under this chapter by appeal to the court of appeals of Tennessee. (b) The record certified to the chancery court and the record in the chancery court shall constitute the record in an appeal. Evidence taken in court pursuant to title 24 shall become a part of the record. (c) The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure. Acts 2010, ch. 1128, § 1.
(a) An aggrieved party may obtain a review of any final judgment of the chancery court under this chapter by appeal to the court of appeals of Tennessee.
(b) The record certified to the chancery court and the record in the chancery court shall constitute the record in an appeal. Evidence taken in court pursuant to title 24 shall become a part of the record.
(c) The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
Acts 2010, ch. 1128, § 1.
Tenn. Code Ann. § 6-1-304 — TN Code / Title 6 / Chapter 1 / Section 6-1-304
Election of new officers when charter is surrendered
Status: in_force

(a) If there was a previously incorporated municipality or if a new charter is adopted as provided in § 6-1-303 , the county election commission shall call an election not more than sixty-two (62) days following the election for surrender of this charter, at which time municipal officials for the newly adopted form of government shall be chosen who shall take office immediately after the election. (b) The previous board shall hold over until the newly elected officers take office. (c) The qualifying deadline for filing nominating petitions shall be as described in § 2-5-101 . (d) All registered voters of the municipality may vote in the election. Acts 1991, ch. 154, § 1.
(a) If there was a previously incorporated municipality or if a new charter is adopted as provided in § 6-1-303 , the county election commission shall call an election not more than sixty-two (62) days following the election for surrender of this charter, at which time municipal officials for the newly adopted form of government shall be chosen who shall take office immediately after the election.
(b) The previous board shall hold over until the newly elected officers take office.
(c) The qualifying deadline for filing nominating petitions shall be as described in § 2-5-101 .
(d) All registered voters of the municipality may vote in the election.
Acts 1991, ch. 154, § 1.
Tenn. Code Ann. § 6-21-101 — TN Code / Title 6 / Chapter 21 / Section 6-21-101
Appointment and removal of city manager
Status: in_force

(a) The board of commissioners shall appoint and fix the salary of the city manager, who shall serve at the will of the board. (b) (1) The city manager may not be removed within twelve (12) months from the date on which the city manager assumed the duties of the city manager, except for incompetence, malfeasance, misfeasance, or neglect of duty. (2) In case of the city manager's removal within that period, the city manager may demand written charges and a public hearing thereon before the board prior to the date on which final removal shall take effect. The decision and action of the board on such hearing shall be final, and pending such hearing, the board may suspend the city manager from duty. Acts 1921, ch. 173, art. 7, § 1; Shan. Supp., § 1997a157; Code 1932, § 3554; modified; T.C.A. (orig. ed.), § 6-2101.
(a) The board of commissioners shall appoint and fix the salary of the city manager, who shall serve at the will of the board.
(b) (1) The city manager may not be removed within twelve (12) months from the date on which the city manager assumed the duties of the city manager, except for incompetence, malfeasance, misfeasance, or neglect of duty. (2) In case of the city manager's removal within that period, the city manager may demand written charges and a public hearing thereon before the board prior to the date on which final removal shall take effect. The decision and action of the board on such hearing shall be final, and pending such hearing, the board may suspend the city manager from duty.
(1) The city manager may not be removed within twelve (12) months from the date on which the city manager assumed the duties of the city manager, except for incompetence, malfeasance, misfeasance, or neglect of duty.
(2) In case of the city manager's removal within that period, the city manager may demand written charges and a public hearing thereon before the board prior to the date on which final removal shall take effect. The decision and action of the board on such hearing shall be final, and pending such hearing, the board may suspend the city manager from duty.
Acts 1921, ch. 173, art. 7, § 1; Shan. Supp., § 1997a157; Code 1932, § 3554; modified; T.C.A. (orig. ed.), § 6-2101.
Tenn. Code Ann. § 6-31-110 — TN Code / Title 6 / Chapter 31 / Section 6-31-110
Expenses of election
Status: in_force

All expenses of the election shall be borne and paid by the city within six (6) months after the election. Acts 1957, ch. 238, § 3.10; T.C.A., § 6-3111.
All expenses of the election shall be borne and paid by the city within six (6) months after the election.
Acts 1957, ch. 238, § 3.10; T.C.A., § 6-3111.
Tenn. Code Ann. § 6-2-103 — TN Code / Title 6 / Chapter 2 / Section 6-2-103
Annual operating budget and budgetary comparisons - Publication
Status: in_force

(a) Notwithstanding any other law to the contrary, the governing body shall publish the annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following: (1) Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service; (2) Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources; (3) Expenditures for each fund shall be listed separately by salaries and other costs; (4) Beginning and ending fund balances shall be shown for each fund; and (5) The number of full-time equivalent employee positions shall be shown for each fund. (b) The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. Acts 1991, ch. 484, § 8; 1992, ch. 760, § 2.
(a) Notwithstanding any other law to the contrary, the governing body shall publish the annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following: (1) Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service; (2) Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources; (3) Expenditures for each fund shall be listed separately by salaries and other costs; (4) Beginning and ending fund balances shall be shown for each fund; and (5) The number of full-time equivalent employee positions shall be shown for each fund.
(1) Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service;
(2) Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources;
(3) Expenditures for each fund shall be listed separately by salaries and other costs;
(4) Beginning and ending fund balances shall be shown for each fund; and
(5) The number of full-time equivalent employee positions shall be shown for each fund.
(b) The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget.
Acts 1991, ch. 484, § 8; 1992, ch. 760, § 2.
Tenn. Code Ann. § 6-55-411 — TN Code / Title 6 / Chapter 55 / Section 6-55-411
Violations
Status: in_force

Any person who violates, neglects or refuses to comply with any of the provisions of this part commits a Class C misdemeanor. Acts 1953, ch. 201, § 7 (Williams, § 3496.7); T.C.A. (orig. ed.), § 6-724; Acts 1989, ch. 591, § 113.
Any person who violates, neglects or refuses to comply with any of the provisions of this part commits a Class C misdemeanor.
Acts 1953, ch. 201, § 7 (Williams, § 3496.7); T.C.A. (orig. ed.), § 6-724; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 6-56-401 — TN Code / Title 6 / Chapter 56 / Section 6-56-401
Short title
Status: in_force

This part shall be known and may be cited as the "Municipal Finance Officer Certification and Education Act of 2007." Acts 2007, ch. 576, § 1.
This part shall be known and may be cited as the "Municipal Finance Officer Certification and Education Act of 2007."
Acts 2007, ch. 576, § 1.
Tenn. Code Ann. § 6-51-122 — TN Code / Title 6 / Chapter 51 / Section 6-51-122
No municipality permitted to extend corporate limits by annexation ordinance on municipality's own initiative for certain period of time - Exceptions - Comprehensive review and evaluation of state policies
Status: in_force

(a) Notwithstanding this part or any other law to the contrary: (1) (A) From April 15, 2013, through April 15, 2014, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative, pursuant to § 6-51-102 , in order to annex territory being used primarily for residential or agricultural purposes; and no such ordinance to annex such territory shall become operative during such period, except as otherwise permitted pursuant to subdivision (a)(1)(B); (B) If, prior to April 15, 2013, a municipality formally initiated an annexation ordinance restricted by subdivision (a)(1)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance does not become operative prior to April 15, 2014; then, upon petition by the municipality submitted prior to April 15, 2014, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance by subdivision (a)(1)(A); and (2) (A) From April 15, 2014, through May 15, 2015, no municipality shall extend its corporate limits by means of annexation by ordinance, pursuant to § 6-51-102 , or by resolution, pursuant to §§ 6-51-104 and 6-51-105 ; and no annexation shall become operative during such period, unless otherwise permitted pursuant to subdivision (a)(1)(B), (a)(2)(B), or § 6-58-118 , or unless the owner or owners of the property give written consent for the annexation; (B) If, prior to April 15, 2014, a municipality formally acted upon an annexation ordinance or resolution restricted by subdivision (a)(2)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance or resolution does not become operative prior to May 15, 2015; then, upon petition by the municipality submitted prior to May 15, 2015, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance or resolution by subdivision (a)(2)(A). (b) On or before February 15, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall complete a comprehensive review and evaluation of the efficacy of state policies set forth within this chapter and chapter 58 of this title, and shall submit a written report of findings and recommendations, including any proposed legislation, to the speaker of the senate and the speaker of the house of representatives. Amended by 2014 Tenn. Acts, ch. 707,s 1, eff. 4/15/2014. Added by 2013 Tenn. Acts, ch. 441,s 1, eff. 5/16/2013.
(a) Notwithstanding this part or any other law to the contrary: (1) (A) From April 15, 2013, through April 15, 2014, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative, pursuant to § 6-51-102 , in order to annex territory being used primarily for residential or agricultural purposes; and no such ordinance to annex such territory shall become operative during such period, except as otherwise permitted pursuant to subdivision (a)(1)(B); (B) If, prior to April 15, 2013, a municipality formally initiated an annexation ordinance restricted by subdivision (a)(1)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance does not become operative prior to April 15, 2014; then, upon petition by the municipality submitted prior to April 15, 2014, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance by subdivision (a)(1)(A); and (2) (A) From April 15, 2014, through May 15, 2015, no municipality shall extend its corporate limits by means of annexation by ordinance, pursuant to § 6-51-102 , or by resolution, pursuant to §§ 6-51-104 and 6-51-105 ; and no annexation shall become operative during such period, unless otherwise permitted pursuant to subdivision (a)(1)(B), (a)(2)(B), or § 6-58-118 , or unless the owner or owners of the property give written consent for the annexation; (B) If, prior to April 15, 2014, a municipality formally acted upon an annexation ordinance or resolution restricted by subdivision (a)(2)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance or resolution does not become operative prior to May 15, 2015; then, upon petition by the municipality submitted prior to May 15, 2015, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance or resolution by subdivision (a)(2)(A).
(1) (A) From April 15, 2013, through April 15, 2014, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative, pursuant to § 6-51-102 , in order to annex territory being used primarily for residential or agricultural purposes; and no such ordinance to annex such territory shall become operative during such period, except as otherwise permitted pursuant to subdivision (a)(1)(B); (B) If, prior to April 15, 2013, a municipality formally initiated an annexation ordinance restricted by subdivision (a)(1)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance does not become operative prior to April 15, 2014; then, upon petition by the municipality submitted prior to April 15, 2014, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance by subdivision (a)(1)(A); and
(A) From April 15, 2013, through April 15, 2014, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative, pursuant to § 6-51-102 , in order to annex territory being used primarily for residential or agricultural purposes; and no such ordinance to annex such territory shall become operative during such period, except as otherwise permitted pursuant to subdivision (a)(1)(B);
(B) If, prior to April 15, 2013, a municipality formally initiated an annexation ordinance restricted by subdivision (a)(1)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance does not become operative prior to April 15, 2014; then, upon petition by the municipality submitted prior to April 15, 2014, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance by subdivision (a)(1)(A); and
(2) (A) From April 15, 2014, through May 15, 2015, no municipality shall extend its corporate limits by means of annexation by ordinance, pursuant to § 6-51-102 , or by resolution, pursuant to §§ 6-51-104 and 6-51-105 ; and no annexation shall become operative during such period, unless otherwise permitted pursuant to subdivision (a)(1)(B), (a)(2)(B), or § 6-58-118 , or unless the owner or owners of the property give written consent for the annexation; (B) If, prior to April 15, 2014, a municipality formally acted upon an annexation ordinance or resolution restricted by subdivision (a)(2)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance or resolution does not become operative prior to May 15, 2015; then, upon petition by the municipality submitted prior to May 15, 2015, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance or resolution by subdivision (a)(2)(A).
(A) From April 15, 2014, through May 15, 2015, no municipality shall extend its corporate limits by means of annexation by ordinance, pursuant to § 6-51-102 , or by resolution, pursuant to §§ 6-51-104 and 6-51-105 ; and no annexation shall become operative during such period, unless otherwise permitted pursuant to subdivision (a)(1)(B), (a)(2)(B), or § 6-58-118 , or unless the owner or owners of the property give written consent for the annexation;
(B) If, prior to April 15, 2014, a municipality formally acted upon an annexation ordinance or resolution restricted by subdivision (a)(2)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance or resolution does not become operative prior to May 15, 2015; then, upon petition by the municipality submitted prior to May 15, 2015, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance or resolution by subdivision (a)(2)(A).
(b) On or before February 15, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall complete a comprehensive review and evaluation of the efficacy of state policies set forth within this chapter and chapter 58 of this title, and shall submit a written report of findings and recommendations, including any proposed legislation, to the speaker of the senate and the speaker of the house of representatives.
Amended by 2014 Tenn. Acts, ch. 707,s 1, eff. 4/15/2014.
Added by 2013 Tenn. Acts, ch. 441,s 1, eff. 5/16/2013.
Tenn. Code Ann. § 6-56-107 — TN Code / Title 6 / Chapter 56 / Section 6-56-107
Selection of bonds for investment
Status: in_force

(a) For the purpose of carrying out § 6-56-106 , the governing body of the municipality may appoint a committee with authority to act in the premises and, unless the governing body shall designate the specific series of bonds in which such funds shall be invested, the selection of the series for investment of such funds as will be best suited to the requirements of the municipality shall be made by the committee. (b) No liability shall attach to any member of a committee selected for the aforementioned purpose, except for misfeasance or malfeasance in the performance of the duties imposed on the committee. Acts 1943, ch. 47, § 2; C. Supp. 1950, § 3516.30 (Williams, § 3516.32); T.C.A. (orig. ed.), § 6-806.
(a) For the purpose of carrying out § 6-56-106 , the governing body of the municipality may appoint a committee with authority to act in the premises and, unless the governing body shall designate the specific series of bonds in which such funds shall be invested, the selection of the series for investment of such funds as will be best suited to the requirements of the municipality shall be made by the committee.
(b) No liability shall attach to any member of a committee selected for the aforementioned purpose, except for misfeasance or malfeasance in the performance of the duties imposed on the committee.
Acts 1943, ch. 47, § 2; C. Supp. 1950, § 3516.30 (Williams, § 3516.32); T.C.A. (orig. ed.), § 6-806.
Tenn. Code Ann. § 6-51-120 — TN Code / Title 6 / Chapter 51 / Section 6-51-120
Annexation of territory in a state park or natural area
Status: in_force

No municipality shall annex any territory located within any state park or natural area unless all of the following conditions are met: (1) The territory proposed for annexation must be located within the municipality's urban growth boundaries; (2) The municipality must provide advance written notification of the proposed annexation to the commissioner of environment and conservation; (3) The advance written notification must include a detailed description of the territory proposed for annexation, reasons for the proposed annexation, the proposed plan of municipal services, and the timeline for actual delivery of each municipal service; (4) The department of environment and conservation must study the likely impact upon the park or natural area and its wildlife, scenery, ambiance, traffic, roads, visitors and mission. The cost of the study shall be borne by the municipality proposing the annexation; (5) As a component of the study, the department must conduct one (1) or more public hearings for citizen input; (6) Prior to the public hearing, the department must seek the county commission's input regarding the municipality's proposed annexation; and (7) The department must report its findings and may prescribe such binding prerequisites for the proposed annexation as may be necessary and desirable to protect and preserve the park or natural area for the benefit of all current and future Tennesseans. Acts 2008, ch. 1033, § 1.
No municipality shall annex any territory located within any state park or natural area unless all of the following conditions are met:
(1) The territory proposed for annexation must be located within the municipality's urban growth boundaries;
(2) The municipality must provide advance written notification of the proposed annexation to the commissioner of environment and conservation;
(3) The advance written notification must include a detailed description of the territory proposed for annexation, reasons for the proposed annexation, the proposed plan of municipal services, and the timeline for actual delivery of each municipal service;
(4) The department of environment and conservation must study the likely impact upon the park or natural area and its wildlife, scenery, ambiance, traffic, roads, visitors and mission. The cost of the study shall be borne by the municipality proposing the annexation;
(5) As a component of the study, the department must conduct one (1) or more public hearings for citizen input;
(6) Prior to the public hearing, the department must seek the county commission's input regarding the municipality's proposed annexation; and
(7) The department must report its findings and may prescribe such binding prerequisites for the proposed annexation as may be necessary and desirable to protect and preserve the park or natural area for the benefit of all current and future Tennesseans.
Acts 2008, ch. 1033, § 1.
Tenn. Code Ann. § 6-35-312 — TN Code / Title 6 / Chapter 35 / Section 6-35-312
Fees
Status: in_force

All fees received in handling city business by any officer or employee shall belong to the city and shall be paid promptly into the city treasury, except fees received by school officers and employees, which shall be paid into the city school fund. Acts 1957, ch. 238, § 7.22; T.C.A., § 6-3521.
All fees received in handling city business by any officer or employee shall belong to the city and shall be paid promptly into the city treasury, except fees received by school officers and employees, which shall be paid into the city school fund.
Acts 1957, ch. 238, § 7.22; T.C.A., § 6-3521.
Tenn. Code Ann. § 6-1-501 — TN Code / Title 6 / Chapter 1 / Section 6-1-501
Amendment of charter
Status: in_force

A municipality may amend this charter for the sole purpose of changing the corporate name of the municipality, including the municipality's designation as a town or city in the manner provided in § 6-1-502 . Acts 2000, ch. 702, § 1.
A municipality may amend this charter for the sole purpose of changing the corporate name of the municipality, including the municipality's designation as a town or city in the manner provided in § 6-1-502 .
Acts 2000, ch. 702, § 1.
Tenn. Code Ann. § 6-33-109 — TN Code / Title 6 / Chapter 33 / Section 6-33-109
Liability of officers under cooperative agreements
Status: in_force

All public officers acting under the authority of a contract or cooperative action under § 6-33-107 or § 6-33-108 are deemed to be subject to the same liabilities to which they would have been subjected for actions occurring entirely within their own territorial limits. Acts 1957, ch. 238, § 6.17; T.C.A., § 6-3309.
All public officers acting under the authority of a contract or cooperative action under § 6-33-107 or § 6-33-108 are deemed to be subject to the same liabilities to which they would have been subjected for actions occurring entirely within their own territorial limits.
Acts 1957, ch. 238, § 6.17; T.C.A., § 6-3309.
Tenn. Code Ann. § 6-54-105 — TN Code / Title 6 / Chapter 54 / Section 6-54-105
Regulation of sale of commodities
Status: in_force

All corporate towns may pass laws to require articles usually sold by dry or heaped measure, to be sold by weight, within their corporate limits. Code 1858, § 1364 (deriv. Acts 1857-1858, ch. 55, § 10); Shan., § 1923; Code 1932, § 3335; T.C.A. (orig. ed.), § 6-612.
All corporate towns may pass laws to require articles usually sold by dry or heaped measure, to be sold by weight, within their corporate limits.
Code 1858, § 1364 (deriv. Acts 1857-1858, ch. 55, § 10); Shan., § 1923; Code 1932, § 3335; T.C.A. (orig. ed.), § 6-612.
Tenn. Code Ann. § 6-21-403 — TN Code / Title 6 / Chapter 21 / Section 6-21-403
Functions at board meeting
Status: in_force

It is the duty of the recorder to be present at all meetings of the board of commissioners, and to keep a full and accurate record of all business transacted by the same, to be preserved in permanent book form. Acts 1921, ch. 173, art. 11, § 2; Shan. Supp., § 1997a182; Code 1932, § 3579; T.C.A. (orig. ed.), § 6-2116.
It is the duty of the recorder to be present at all meetings of the board of commissioners, and to keep a full and accurate record of all business transacted by the same, to be preserved in permanent book form.
Acts 1921, ch. 173, art. 11, § 2; Shan. Supp., § 1997a182; Code 1932, § 3579; T.C.A. (orig. ed.), § 6-2116.
Tenn. Code Ann. § 6-52-106 — TN Code / Title 6 / Chapter 52 / Section 6-52-106
Property and debts passing to successor
Status: in_force

Such new corporation shall be liable for the debts of such old corporation, and shall be entitled to the property and assets of such old corporation, which shall pass to and be vested in such new corporation for the same uses and purposes for which it was held and to be used by the old corporation. Acts 1903, ch. 399, § 2; Shan., § 1997a11; Code 1932, § 3515; T.C.A. (orig. ed.), § 6-406.
Such new corporation shall be liable for the debts of such old corporation, and shall be entitled to the property and assets of such old corporation, which shall pass to and be vested in such new corporation for the same uses and purposes for which it was held and to be used by the old corporation.
Acts 1903, ch. 399, § 2; Shan., § 1997a11; Code 1932, § 3515; T.C.A. (orig. ed.), § 6-406.
Tenn. Code Ann. § 6-54-126 — TN Code / Title 6 / Chapter 54 / Section 6-54-126
Zoning limitations on agricultural land
Status: in_force

For any land that is used for agricultural purposes as of May 10, 1998, a municipality may not use its zoning power to interfere in any way with the use of such land for agricultural purposes as long as the land is used for agricultural purposes. Acts 1998, ch. 1101, § 22; 1999, ch. 235, § 1.
For any land that is used for agricultural purposes as of May 10, 1998, a municipality may not use its zoning power to interfere in any way with the use of such land for agricultural purposes as long as the land is used for agricultural purposes.
Acts 1998, ch. 1101, § 22; 1999, ch. 235, § 1.
Tenn. Code Ann. § 6-51-104 — TN Code / Title 6 / Chapter 51 / Section 6-51-104
Resolution for annexation by referendum - Notice
Status: in_force

(a) (1) A municipality, when petitioned by interested persons, or upon its own initiative, by resolution, may propose extension of its corporate limits by the annexation of territory adjoining to its existing boundaries; provided, however, no such resolution shall propose annexation of any property being used primarily for agricultural purposes. Notwithstanding this part or any other law to the contrary, property being used primarily for agricultural purposes shall be annexed only with the written consent of the property owner or owners. (2) A referendum is not required to effectuate annexation of territory if: (A) All of the property owners within the territory proposed for annexation consent in writing; or (B) (i) [Repealed effective January 1, 2023.] (ii) Subdivision (a)(2)(B) is repealed January 1, 2023. (b) (1) The municipality shall send a copy of the resolution describing the territory proposed for annexation to the last known address listed in the office of the property assessor for each property owner within the territory proposed for annexation, each adjoining property owner, the county mayor, and the county commissioners whose district includes the territory. (2) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be: (i) Sent by first class mail pursuant to subdivision (b)(1); (ii) Posted in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) Published in a newspaper of general circulation, if there is one, in such territory and municipality. (B) A person with personal knowledge of the mailing of the resolutions pursuant to subdivision (b)(2)(A)(i) may submit a notarized affidavit to the presiding officer of the municipality attesting that such resolutions were mailed in accordance with this subsection (b). Failure of a property owner to receive a notice that was mailed pursuant to subdivision (b)(2)(A)(i) is not a reason to invalidate the annexation. (3) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the municipality shall post signage that informs viewers of the proposed annexation, the date, time, and location of the public hearing on the proposed annexation, and a website address for additional information. (B) The signs used pursuant to subdivision (b)(3)(A) must be a minimum of three feet (3') wide by two feet (2') tall, be affixed to a sturdy base with the top of the sign no less than five feet (5') from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned. (4) As used in this subsection (b), "adjoining property owner" means a person who owns real property that shares a common boundary with the territory proposed for annexation or that any part of the property lies within two hundred feet (200') of the territory proposed for annexation. (c) A resolution proposing annexation by written consent of the property owner or owners shall become effective only upon adoption of such resolution by the municipality. (d) (1) A municipality may by resolution propose annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within the municipality's urban growth boundary and is either: (A) To be used for industrial or commercial purpose or future residential development; or (B) Owned by one (1) or more governmental entities. (2) A resolution under this subsection (d) shall be ratified only with the written consent of the property owner or owners. (3) For purposes of this subsection (d), the boundary of the main part of the municipality is defined as the corporate limits of the territory containing its town seat or city hall. Territory that does not adjoin that boundary before a proposal to annex it is introduced cannot be annexed except as provided in this subsection (d). (4) The resolution shall include the plan of services adopted under § 6-51-102 . The plan shall be prepared by the municipality in cooperation with the county in which the territory is located. The municipality and county shall enter into an interlocal agreement pursuant to § 5-1-113 to provide emergency services for any interceding properties and to maintain roads and bridges comprising the primary route to the area thus annexed as the municipality and county deem necessary. (5) [Deleted by 2017 amendment.] Amended by 2024 Tenn. Acts, ch. 701,s 1, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 1047, s 1, eff. 5/21/2018. Amended by 2017 Tenn. Acts, ch. 399, s 1, eff. 5/18/2017. Amended by 2014 Tenn. Acts, ch. 707, s 4, eff. 5/16/2015. Acts 1955, ch. 113, § 3; T.C.A., § 6-311; Acts 2005, ch. 411, §§ 5, 8; 2011 , ch. 495, § 1.
(a) (1) A municipality, when petitioned by interested persons, or upon its own initiative, by resolution, may propose extension of its corporate limits by the annexation of territory adjoining to its existing boundaries; provided, however, no such resolution shall propose annexation of any property being used primarily for agricultural purposes. Notwithstanding this part or any other law to the contrary, property being used primarily for agricultural purposes shall be annexed only with the written consent of the property owner or owners. (2) A referendum is not required to effectuate annexation of territory if: (A) All of the property owners within the territory proposed for annexation consent in writing; or (B) (i) [Repealed effective January 1, 2023.] (ii) Subdivision (a)(2)(B) is repealed January 1, 2023.
(1) A municipality, when petitioned by interested persons, or upon its own initiative, by resolution, may propose extension of its corporate limits by the annexation of territory adjoining to its existing boundaries; provided, however, no such resolution shall propose annexation of any property being used primarily for agricultural purposes. Notwithstanding this part or any other law to the contrary, property being used primarily for agricultural purposes shall be annexed only with the written consent of the property owner or owners.
(2) A referendum is not required to effectuate annexation of territory if: (A) All of the property owners within the territory proposed for annexation consent in writing; or (B) (i) [Repealed effective January 1, 2023.] (ii) Subdivision (a)(2)(B) is repealed January 1, 2023.
(A) All of the property owners within the territory proposed for annexation consent in writing; or
(B) (i) [Repealed effective January 1, 2023.] (ii) Subdivision (a)(2)(B) is repealed January 1, 2023.
(i) [Repealed effective January 1, 2023.]
(ii) Subdivision (a)(2)(B) is repealed January 1, 2023.
(b) (1) The municipality shall send a copy of the resolution describing the territory proposed for annexation to the last known address listed in the office of the property assessor for each property owner within the territory proposed for annexation, each adjoining property owner, the county mayor, and the county commissioners whose district includes the territory. (2) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be: (i) Sent by first class mail pursuant to subdivision (b)(1); (ii) Posted in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) Published in a newspaper of general circulation, if there is one, in such territory and municipality. (B) A person with personal knowledge of the mailing of the resolutions pursuant to subdivision (b)(2)(A)(i) may submit a notarized affidavit to the presiding officer of the municipality attesting that such resolutions were mailed in accordance with this subsection (b). Failure of a property owner to receive a notice that was mailed pursuant to subdivision (b)(2)(A)(i) is not a reason to invalidate the annexation. (3) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the municipality shall post signage that informs viewers of the proposed annexation, the date, time, and location of the public hearing on the proposed annexation, and a website address for additional information. (B) The signs used pursuant to subdivision (b)(3)(A) must be a minimum of three feet (3') wide by two feet (2') tall, be affixed to a sturdy base with the top of the sign no less than five feet (5') from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned. (4) As used in this subsection (b), "adjoining property owner" means a person who owns real property that shares a common boundary with the territory proposed for annexation or that any part of the property lies within two hundred feet (200') of the territory proposed for annexation.
(1) The municipality shall send a copy of the resolution describing the territory proposed for annexation to the last known address listed in the office of the property assessor for each property owner within the territory proposed for annexation, each adjoining property owner, the county mayor, and the county commissioners whose district includes the territory.
(2) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be: (i) Sent by first class mail pursuant to subdivision (b)(1); (ii) Posted in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) Published in a newspaper of general circulation, if there is one, in such territory and municipality. (B) A person with personal knowledge of the mailing of the resolutions pursuant to subdivision (b)(2)(A)(i) may submit a notarized affidavit to the presiding officer of the municipality attesting that such resolutions were mailed in accordance with this subsection (b). Failure of a property owner to receive a notice that was mailed pursuant to subdivision (b)(2)(A)(i) is not a reason to invalidate the annexation.
(A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the resolution, which must include a plan of services for the area proposed for annexation, must be: (i) Sent by first class mail pursuant to subdivision (b)(1); (ii) Posted in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and (iii) Published in a newspaper of general circulation, if there is one, in such territory and municipality.
(i) Sent by first class mail pursuant to subdivision (b)(1);
(ii) Posted in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation; and
(iii) Published in a newspaper of general circulation, if there is one, in such territory and municipality.
(B) A person with personal knowledge of the mailing of the resolutions pursuant to subdivision (b)(2)(A)(i) may submit a notarized affidavit to the presiding officer of the municipality attesting that such resolutions were mailed in accordance with this subsection (b). Failure of a property owner to receive a notice that was mailed pursuant to subdivision (b)(2)(A)(i) is not a reason to invalidate the annexation.
(3) (A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the municipality shall post signage that informs viewers of the proposed annexation, the date, time, and location of the public hearing on the proposed annexation, and a website address for additional information. (B) The signs used pursuant to subdivision (b)(3)(A) must be a minimum of three feet (3') wide by two feet (2') tall, be affixed to a sturdy base with the top of the sign no less than five feet (5') from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned.
(A) No later than twenty-one (21) calendar days prior to the scheduled date of the first hearing on such proposed annexation, the municipality shall post signage that informs viewers of the proposed annexation, the date, time, and location of the public hearing on the proposed annexation, and a website address for additional information.
(B) The signs used pursuant to subdivision (b)(3)(A) must be a minimum of three feet (3') wide by two feet (2') tall, be affixed to a sturdy base with the top of the sign no less than five feet (5') from the ground, and be posted within the territory proposed for annexation and along any thoroughfare bordering the territory. The signs must remain until the territory is annexed or the annexation is abandoned.
(4) As used in this subsection (b), "adjoining property owner" means a person who owns real property that shares a common boundary with the territory proposed for annexation or that any part of the property lies within two hundred feet (200') of the territory proposed for annexation.
(c) A resolution proposing annexation by written consent of the property owner or owners shall become effective only upon adoption of such resolution by the municipality.
(d) (1) A municipality may by resolution propose annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within the municipality's urban growth boundary and is either: (A) To be used for industrial or commercial purpose or future residential development; or (B) Owned by one (1) or more governmental entities. (2) A resolution under this subsection (d) shall be ratified only with the written consent of the property owner or owners. (3) For purposes of this subsection (d), the boundary of the main part of the municipality is defined as the corporate limits of the territory containing its town seat or city hall. Territory that does not adjoin that boundary before a proposal to annex it is introduced cannot be annexed except as provided in this subsection (d). (4) The resolution shall include the plan of services adopted under § 6-51-102 . The plan shall be prepared by the municipality in cooperation with the county in which the territory is located. The municipality and county shall enter into an interlocal agreement pursuant to § 5-1-113 to provide emergency services for any interceding properties and to maintain roads and bridges comprising the primary route to the area thus annexed as the municipality and county deem necessary. (5) [Deleted by 2017 amendment.]
(1) A municipality may by resolution propose annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within the municipality's urban growth boundary and is either: (A) To be used for industrial or commercial purpose or future residential development; or (B) Owned by one (1) or more governmental entities.
(A) To be used for industrial or commercial purpose or future residential development; or
(B) Owned by one (1) or more governmental entities.
(2) A resolution under this subsection (d) shall be ratified only with the written consent of the property owner or owners.
(3) For purposes of this subsection (d), the boundary of the main part of the municipality is defined as the corporate limits of the territory containing its town seat or city hall. Territory that does not adjoin that boundary before a proposal to annex it is introduced cannot be annexed except as provided in this subsection (d).
(4) The resolution shall include the plan of services adopted under § 6-51-102 . The plan shall be prepared by the municipality in cooperation with the county in which the territory is located. The municipality and county shall enter into an interlocal agreement pursuant to § 5-1-113 to provide emergency services for any interceding properties and to maintain roads and bridges comprising the primary route to the area thus annexed as the municipality and county deem necessary.
(5) [Deleted by 2017 amendment.]
Amended by 2024 Tenn. Acts, ch. 701,s 1, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 1047, s 1, eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 399, s 1, eff. 5/18/2017.
Amended by 2014 Tenn. Acts, ch. 707, s 4, eff. 5/16/2015.
Acts 1955, ch. 113, § 3; T.C.A., § 6-311; Acts 2005, ch. 411, §§ 5, 8; 2011 , ch. 495, § 1.
Tenn. Code Ann. § 6-54-135 — TN Code / Title 6 / Chapter 54 / Section 6-54-135
Allowing pet dogs in outdoor dining areas at restaurants
Status: in_force

(a) For purposes of this section, "pet dog" means a dog other than a service or guide dog assisting a handicapped person. (b) Notwithstanding any other prohibition to the contrary, certain jurisdictions, as provided in subsection (c), may, by ordinance or resolution, authorize the presence of pet dogs in outdoor dining areas of restaurants, if the ordinance provides for adequate controls to ensure compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1, and any other applicable statutes and ordinances. An ordinance enacted under this section shall provide for a permitting process to authorize individual restaurants to permit dogs as provided in this section and to charge applicants and authorized restaurants a reasonable permit fee as the ordinance may establish. Additionally, the ordinance shall provide that: (1) No pet dog shall be present in the interior of any restaurant or in any area where food is prepared; (2) The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant; (3) All public food service establishment employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment; (4) Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations; (5) Patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control; (6) Pet dogs shall not be allowed on chairs, tables or other furnishings; (7) Accidents involving pet dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area; (8) A sign or signs reminding employees and patrons of the applicable rules shall be posted on the premises in a manner and place as determined by the local permitting authority; and (9) Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food establishment shall not require entrance into or passage through any indoor area of the food establishment. (c) (1) This section shall apply in a municipality with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census. (2) This section shall also apply in a county with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census. (3) This section shall also apply in counties having a population, according to the 2000 federal census or any subsequent census, of: not less than not more than 5,500 5,600 11,369 11,450 14,300 14,400 16,500 15,700 38,200 38,300 39,200 39,300 48,000 48,100 56,700 56,800 71,100 71,200 105,800 105,900 Acts 2009 , ch. 508, §§ 1-3.
(a) For purposes of this section, "pet dog" means a dog other than a service or guide dog assisting a handicapped person.
(b) Notwithstanding any other prohibition to the contrary, certain jurisdictions, as provided in subsection (c), may, by ordinance or resolution, authorize the presence of pet dogs in outdoor dining areas of restaurants, if the ordinance provides for adequate controls to ensure compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1, and any other applicable statutes and ordinances. An ordinance enacted under this section shall provide for a permitting process to authorize individual restaurants to permit dogs as provided in this section and to charge applicants and authorized restaurants a reasonable permit fee as the ordinance may establish. Additionally, the ordinance shall provide that: (1) No pet dog shall be present in the interior of any restaurant or in any area where food is prepared; (2) The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant; (3) All public food service establishment employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment; (4) Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations; (5) Patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control; (6) Pet dogs shall not be allowed on chairs, tables or other furnishings; (7) Accidents involving pet dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area; (8) A sign or signs reminding employees and patrons of the applicable rules shall be posted on the premises in a manner and place as determined by the local permitting authority; and (9) Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food establishment shall not require entrance into or passage through any indoor area of the food establishment.
(1) No pet dog shall be present in the interior of any restaurant or in any area where food is prepared;
(2) The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant;
(3) All public food service establishment employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment;
(4) Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations;
(5) Patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control;
(6) Pet dogs shall not be allowed on chairs, tables or other furnishings;
(7) Accidents involving pet dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area;
(8) A sign or signs reminding employees and patrons of the applicable rules shall be posted on the premises in a manner and place as determined by the local permitting authority; and
(9) Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food establishment shall not require entrance into or passage through any indoor area of the food establishment.
(c) (1) This section shall apply in a municipality with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census. (2) This section shall also apply in a county with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census. (3) This section shall also apply in counties having a population, according to the 2000 federal census or any subsequent census, of: not less than not more than 5,500 5,600 11,369 11,450 14,300 14,400 16,500 15,700 38,200 38,300 39,200 39,300 48,000 48,100 56,700 56,800 71,100 71,200 105,800 105,900
(1) This section shall apply in a municipality with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census.
(2) This section shall also apply in a county with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census.
(3) This section shall also apply in counties having a population, according to the 2000 federal census or any subsequent census, of: not less than not more than 5,500 5,600 11,369 11,450 14,300 14,400 16,500 15,700 38,200 38,300 39,200 39,300 48,000 48,100 56,700 56,800 71,100 71,200 105,800 105,900
not less than not more than 5,500 5,600 11,369 11,450 14,300 14,400 16,500 15,700 38,200 38,300 39,200 39,300 48,000 48,100 56,700 56,800 71,100 71,200 105,800 105,900
not less than
not more than
5,500
5,600
11,369
11,450
14,300
14,400
16,500
15,700
38,200
38,300
39,200
39,300
48,000
48,100
56,700
56,800
71,100
71,200
105,800
105,900
Acts 2009 , ch. 508, §§ 1-3.