Tipton County - Subject to local approval, authorizes the legislative body of Tipton County to designate a division of the county's general sessions court as the environmental court to hear cases involving the alleged vi, the official text

HOUSE BILL 1645
                        By Moody

SENATE BILL 1483
       By Rose

                                       AN ACT relative to the designation of a division of the General
                                                   Sessions Court of Tipton County as the Environmental
                                                   Court.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
         SECTION 1. The legislative body of Tipton County may designate a division of the

county's general sessions court as the Environmental Court.
         SECTION 2. In making such designation, the judge of the Environmental Court is

granted the additional power to issue injunctions, both mandatory and prohibitory, as provided in
Rule 65 of the Tennessee Rules of Civil Procedure. The judge may order any defendant found
guilty of violating any county ordinance relating to health, housing, fire, land subdivision, building
or zoning, to correct such violation at the defendant's own expense. In a case involving the
alleged violation of any ordinance relating to health, housing, fire, land subdivision, building or
zoning, the judge may appoint a master to aid the court. Rule 53 of the Tennessee Rules of
Civil Procedure shall govern the appointment, power, and duty of the master.

         SECTION 3. The judge of the Environmental Court shall also have the jurisdiction to try
and dispose of violations of ordinances enacted by municipalities within Tipton County relating
to health, housing, fire, land subdivision, building, or zoning.

         SECTION 4. The judge may also punish any person for contempt who, having been
ordered to correct a violation of any county or municipal ordinance relating to health, housing,
fire, land subdivision, building or zoning, willfully fails to obey such order within the designated
day and at the designated time as given by such court order. The punishment for contempt in
each such case is limited to a monetary penalty not to exceed fifty dollars ($50.00) and
imprisonment not exceeding ten (10) days for each such violation.

SB1483
010145

  -1-
         SECTION 5. If any provision of this act or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or application, and to that end the
provisions of this act are declared to be severable.

         SECTION 6. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the legislative body of Tipton County. Its approval or nonapproval shall be proclaimed by the
presiding officer of the legislative body and certified to the secretary of state.

         SECTION 7. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
become effective as provided in Section 6.

-2-  010145