CODE OF SHELBY COUNTY, TENNESSEE

Latest version.

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Published in 2010 by Order of the Board of County Commissioners

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Adopted: December 20, 2010
Effective: January 1, 2011

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OFFICIALS

SHELBY COUNTY, TENNESSEE

AT THE TIME OF THIS RECODIFICATION

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Mark H. Luttrell, Jr.

County Mayor

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Walter Bailey

Henry E. Brooks

Wyatt Bunker

Melvin Burgess, Jr.

Mike Carpenter

Sidney Chism

Justin Ford

James Harvey

Steve Mulroy

Mike Ritz

Terry Roland

Heidi Shafer

Chris Thomas

Board of County Commissioners

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Harvey Kennedy

Chief Administrative Officer

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Kelly Rayne

County Attorney

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Wayne Mashburn

County Clerk

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Carealine Tuggle

Clerk of the County Commission

CURRENT OFFICIALS

SHELBY COUNTY, TENNESSEE

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Lee Harris

County Mayor

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Mark Billingsley

David C. Bradford

Willie F. Brooks, Jr.

Edmund Ford, Jr.

Eddie Jones

Mickell M. Lowery

Amber Mills

Reginald Milton

Brandon Morrison

Tami Sawyer

Van Turner

Michael Whaley

Mick Wright

Board of County Commissioners

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Patrice Thomas

Chief Administrative Officer

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Marlinee Iverson

County Attorney

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Wanda Halbert

County Clerk

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Rosalind Nichols

Clerk of the County Commission

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of Shelby County, Tennessee.

Source materials used in the preparation of the Code were the 1992 Code, as supplemented through May 10, 2010, and ordinances subsequently adopted by the Board of County Commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1992 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
UNIFIED DEVELOPMENT CODE	UDC1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and Karen Kopetskie, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Brian Kuhn, former County Attorney, and Christy Kinard, Assistant County Attorney, and the other members of the county staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the County readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the County's affairs.

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the County of Shelby, Tennessee. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the County of Shelby, Tennessee.

ORDINANCE NO. 402

ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR SHELBY COUNTY, TENNESSEE, IN ACCORDANCE WITH THE SHELBY COUNTY CHARTER. SPONSORED BY COMMISSIONER MIKE CARPENTER.

WHEREAS, Article II, Section 2.13 of the Shelby County Charter requires the legislative branch to prepare a recodification of all Ordinances and the Charter every five years; and

WHEREAS, Shelby County Government entered into a Professional Services Agreement with Municipal Code Corporation in 2004 for purposes of recodifying the Shelby County Code, which included legal research, a conference with the County Attorney's Office, editorial work (proper phraseology, chapter arrangement, formatting tables, and state law reference tables), proofs review by the County Attorney's Office, and printing and binding services; and

WHEREAS, During the recodification process, the County Attorney's Office consulted with the various officials, divisions, departments, offices, and agencies of Shelby County Government to ensure the Shelby County Code was updated and edited accurately; and

WHEREAS, The Shelby County Code consists of Part 1 - Shelby County Charter, Part 2 - Ordinances (Chapters 1 through 44), Part 3 - Unified Development Code, Appendix A - Franchises, Appendix B - Table of Public Acts Affecting Local Government, Appendix C - Index of Ordinances and Joint Ordinances, and various tables and indices; and

WHEREAS, The new Code for Shelby County, Tennessee will replace the 1992 Code, effective January 1, 2011.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE, That the Shelby County Code, consisting of Part 1 - Shelby County Charter, Part 2 - Ordinances (Chapters 1 through 44), Part 3 - Unified Development Code, Appendix A - Franchises, Appendix B - Table of Public Acts Affecting Local Government, Appendix C - Index of Ordinances and Joint Ordinances, and various tables and indices ("2011 Code") and published by Municipal Code Corporation, be and is hereby adopted and enacted as the "Code of Shelby County, Tennessee," which shall supersede the 1992 Shelby County Code, as amended on or before October 25, 2010.

BE IT FURTHER ORDAINED, That all Ordinances or parts of Ordinances enacted on or before October 25, 2010, and not included in the 2011 Code or recognized and continued in force by reference therein, are hereby repealed.

BE IT FURTHER ORDAINED, That the repeal provided for in the clause above shall not be construed to revive any Ordinance or part of an Ordinance that has been repealed by a subsequent Ordinance that is repealed by this Ordinance.

BE IT FURTHER ORDAINED, That the penalty for violating any provision of the 2011 Code, and any amendments to such Code, or any Ordinance, Resolutions, rule, or regulation adopted in accordance with such Code, shall be a fine of not more than $50.00, as provided in Section 1-4 of the 2011 Code, unless another penalty is expressly provided for by a particular section of such Code. In addition to said penalty, Shelby County Government may pursue other remedies, including, but not limited to, injunctive relief, abatement of nuisances, and administrative suspension or revocation of licenses and permits, as authorized by law.

BE IT FURTHER ORDAINED, That any and all additions and amendments to the 2011 Code, when passed in a form indicating the intention of the County to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include any and all such additions and amendments.

BE IT FURTHER ORDAINED, That Ordinances adopted after October 25, 2010, that amend the 1992 Code shall be construed to amend like provisions of the 2011 Code.

BE IT FURTHER ORDAINED, That a copy of the 2011 Code shall be kept on file in the office of the Clerk of the County Commission, who shall insert all amendments or Ordinances which indicate the intention of the County Commission to make the same a part of such Code when the same shall have been printed or reprinted in page form, and shall remove all provisions which may be from time to time repealed.

BE IT FURTHER ORDAINED, That it shall be unlawful for any person to change or alter, by addition or deletion, any part or portion of the 2011 Code, or to insert or delete pages or portions of pages, or alter or tamper with such Code in any manner that will cause the law of the County to be misrepresented by such action. Any person violating this clause shall be subject to the penalty provided for in Section 1-4 of the 2011 Code.

BE IT FURTHER ORDAINED, That the 2011 Code of Shelby County, Tennessee, shall become effective on January 1, 2011.

Mark H. Luttrell, Jr. County Mayor

Date: ________

ATTEST:

/s/ Carealine Tuggle Clerk of County Commission

FIRST READING: NOVEMBER 22, 2010

SECOND READING: DECEMBER 6, 2010

ADOPTED THIRD READING: DECEMBER 20, 2010

                    
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