§ 24-55. General penalty; continuing violations; court costs; definitions.

(a)

Definitions. The following definitions shall apply to this article:

Ordinance summons means a ticket issued to an offender by an officer or other person authorized by law to appear in the general sessions court for any offense other than traffic, showing the offense charged and signed by the offender agreeing to appear at the place and time indicated; said ordinance summons being issued for the violation of any other ordinance, law or regulation of the county in the presence of an officer or other designated official authorized to issue such summonses by law.

Summons means the process issued by the general sessions court, and signed by the judge or clerk as provided by law, and served by personal service or certified or registered mail, as provided by law.

Traffic citation means any ticket issued by an officer or other person authorized by law where there is no personal delivery of the ticket to the offender and the ticket is not signed by the offender, such as a parking ticket.

Traffic summons means any ticket issued to an offender by an officer or other person authorized by law to appear in the general sessions court, showing the offense charged and signed by the offender agreeing to appear at the time and place indicated, or to appear in the general sessions court clerk's office on or before the time indicated to pay the forfeiture required.

(b)

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

(c)

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

(d)

Defendant's obligation to pay court costs.

(1)

Except for certain speeding offenses occurring on interstate highways, for each offense in which a fine is assessed a defendant by the court or, where authorized, the defendant elects to pay a fine forfeiture and thereby waive the right to a court hearing, said defendant, in addition to the amount of the fine, shall be required to pay to the clerk of the general sessions court all applicable court costs and litigation taxes as provided in the public and private acts of the state and as such acts may be amended from time to time. Such costs and taxes shall include, but not be limited to, the state litigation tax, county litigation tax, clerk's fee, fees of other officers, a data processing fee and a courthouse library fee.

(2)

In the event that an offense is dismissed with costs or nolle prosequied with costs, said defendant shall pay to the clerk of the general sessions court, all applicable court costs as provided in the public and private acts of the state and as such acts may be amended from time to time.

(Code 1992, § 20-30; Ord. No. 90, § 1, 8-5-1991; Ord. No. 271, 6-23-2003)