ENACTED 04/06/1999

SUBSTITUTE ORDINANCE NO. SO99-1557

A substitute ordinance amending the Metropolitan Code of Laws by adding a new Article VIII to Chapter 2.56 to set forth provisions relative to the General Sessions Court Safety Center.

Whereas, T.C.A. 55-10-301 allows a county to create a driver education course approved by the Department of Safety in addition to or in lieu of any portion of a traffic fine imposed; and

Whereas, Tennessee Attorney General in Opinion No. 95-059 stated that a driver education course may only be created through an ordinance; and

Whereas, pursuant to a Memorandum of Understanding between the Probate Court and the General Sessions Court dated December 15, 1995, the Probate Court DUI School has merged with the General Sessions Court DUI School and is now the General Sessions Court Safety Center DUI School; and

Whereas, the Metropolitan Council desires to modify the Metropolitan Code of Laws to accurately reflect the organizational structure of Metro’s DUI School.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County as follows:

Section 1: Title 2, chapter 2.56 of the Metropolitan Code of Laws is hereby amended by adding the following new Article:

Article VIII General Sessions Court Safety Center

2.56.500 Creation of General Sessions Court Safety Center

There shall be established, under the supervision of the General Sessions Court, a center to be known as the General Sessions Court Safety Center. This center will run both a Traffic Safety School and a DUI School.

2.56.510 Traffic Safety School Eligibility

In addition to all other fines, fees, costs and punishments now prescribed by law, the driver of any motor vehicle upon his conviction by any judge or plea of guilty or submission to fine for any offense involving a moving traffic violation prescribed by municipal ordinance may be required, at the discretion of the court, to attend a traffic safety school approved by the state department of safety, in addition to, or in lieu of, any portion of any other penalty imposed.

2.56.520 Traffic School Staffing and Records

The Safety Center shall maintain Training Agency status with the National Safety Council and shall furnish necessary instructors certified by the National Safety Council and other administrative personnel to staff the traffic school. The Safety Council shall maintain records showing the names of attendees, dates of attendance, and whether such attendees satisfactorily completed the course.

2.56.530 Traffic School Fee

The Safety Center is authorized to charge a fee up to fifty dollars ($50.00) for attending the traffic safety school.

2.56.540 Permissible Use of Traffic School Fees Collected

All fees collected for the traffic safety school shall be deposited in the General Fund of the General Services District to assist in covering the expenditures for instructor salaries, equipment and materials.

2.56.550 General Sessions Court Safety Center DUI School

The General Sessions Court shall establish the General Sessions Court Safety Center DUI School. All persons attending the school shall pay an enrollment fee in an amount up to one hundred dollars ($100) per level of classes to offset the cost for assessments, referral and educational services. The DUI School shall be responsible for all documentation and reports required by state and/or local law including reports to the General Sessions Court, Criminal Trial Courts, Circuit Courts, and their designated Probation Departments.

2.56.560 DUI School Staffing and Records

The Safety Center shall maintain DUI School licensure requirements with the State of Tennessee, Department of Health or other State of Tennessee agencies designated to license qualified DUI Schools. The Safety Center shall furnish necessary instructors and other administrative personnel to staff the DUI School and maintain records in compliance with State of Tennessee regulations for DUI Schools.

Section 2: That Section 2.56.310 is hereby repealed.

Section 3. That this substitute ordinance shall take effect after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Charles Fentress

LEGISLATIVE HISTORY

Substitute Introduced: March 16, 1999
Referred to: Buget & Finance Committee
Public Safety Committee
Passed Second Reading: March 16, 1999
Passed Third Reading: April 6, 1999
Approved: April 8, 1999
By: mayor.gif (527 bytes)