ENACTED 02/02/1999

ORDINANCE NO. O98-1497

An ordinance to amend Sections 12.68.180 and 1.01.030 of The Metropolitan Code of Laws to eliminate the ability of a person charged with a violation of Section 12.68.180 to pay a lesser penalty by electing to plead guilty prior to the court date and to amend Section 1.01.030 by replacing certain language regarding municipal ordinance violations.

Whereas, the Metropolitan Council of Nashville and Davidson County desires to keep roadways as safe as possible and minimize the number of accidents and a driver's failure to obey traffic laws dramatically increases the probability of an accident occurring; and

Whereas, Section 12.68.180(B) currently allows persons charged with a violation of 12.68.180 to pay a lesser penalty by electing to plead guilty and pay a penalty prior to the court date; and

Whereas, pursuant to Tennessee Code Annotated 7-3-507, the Metropolitan government may assess penalties for municipal ordinance violations of up to five hundred dollars ($500) for each violation; and

Whereas, the word fine appearing in the Metropolitan Code of Laws is inconsistent with the use of the word penalty in the enabling legislation found in Tennessee Code Annotated 73-507 and inconsistent with the nature of the assessment; and

Whereas, certain language in the Metropolitan Code of Laws regarding Metropolitan Government ordinance violations is inconsistent with the nature of a civil penalty.

NOW, THEREFORE, BE IT ENACTED BY THE METROPOLITAN COUNCIL OF NASHVILLE AND DAVIDSON COUNTY AS FOLLOWS:

Section 1: Section 16.68.180 of the Metropolitan Code of Laws is amended by deleting subsection B of said section in its entirety.

Section 2: Section 1.01.03(B) of the Metropolitan Code is amended by replacing the word "fine" where it appears in said subsection with the word "penalty."

Section 3: Section 1.01.03(A) of the Metropolitan Code of Laws is amended by deleting the subsection in its entirety and replacing it with the following:

Any place in the Metropolitan Code of Laws where the term "its shall be a misdemeanor" or "it shall be an offense" "or it shall be unlawful" or similar terms appear in the Metropolitan Code of Laws to denote that certain conduct is a violation of a Metropolitan Government ordinance, it shall mean "it shall be a civil offense." Anytime the word "fine" appears in a penalty provision of the Metropolitan Code of Laws, it shall mean "a civil penalty." Whenever in the code readopted by this chapter, or in any other ordinance or resolution of the metropolitan government or in

Section 4: This Ordinance shall take effect from and after the passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Leroy Hollis

LEGISLATIVE HISTORY

Introduced: December 15, 1998
Passed First Reading: December 15, 1998
Referred to: Budget & Financ Committee
Public Safety Committee
Passed Second Reading: January 19, 1999
Passed Third Reading: February 2, 1999
Approved: February 4, 1999
By: mayor.gif (527 bytes)