Tennessee § 16-18-302 - Jurisdiction of municipal courts.

§ 16-18-302. Jurisdiction of municipal courts.

For any municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the general assembly, a municipal court is created to be presided over by a city judge. Notwithstanding any law to the contrary: A municipal court possesses jurisdiction in and over cases: For violation of the laws and ordinances of the municipality; or Arising under the laws and ordinances of the municipality; and A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars ($50.00). Notwithstanding subdivision (a)(2) or any other law to the contrary, in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 2000 federal census or any subsequent federal census, a municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of any of the following state criminal statutes relative to: The offense of operating a motor vehicle without a valid driver license, § 55-50-301; The Class B misdemeanor offense of reckless driving, § 55-10-205; The Class A misdemeanor offenses of underage purchasing, possession, transportation or consumption of alcoholic beverages, wine or beer, § 1-3-113(b); The Class A misdemeanor offenses of underage consumption, possession or transportation of beer or any intoxicating liquor, § 57-3-412(a)(3); The Class A misdemeanor offenses of underage purchasing or attempting to purchase any alcoholic beverage, § 57-3-412(a)(5); The Class A misdemeanor offenses of underage purchasing, attempting to purchase or possession of any alcoholic beverages, § 57-4-203(b)(2); The Class A misdemeanor offenses of underage purchasing or attempting to purchase beer or alcoholic beverages, § 57-5-301(d); or The Class A misdemeanor offenses of underage possession or transportation of beer, § 57-5-301(e). Notwithstanding any law to the contrary, in addition to jurisdiction authorized pursuant to subsection (a) or (b), a municipal court may also exercise concurrent jurisdiction with the court of general sessions if, and only if: The municipal court possessed and exercised such concurrent general sessions jurisdiction continuously on and before May 11, 2003; or After May 12, 2003, concurrent general sessions jurisdiction is duly conferred upon the municipal court in accordance with the procedures and requirements set forth in § 16-18-311. Notwithstanding any law to the contrary, a municipal court may exercise no jurisdiction other than the jurisdiction authorized by this section; provided, however, that this section shall not be construed to impair or in any way restrict the authority of a juvenile judge to waive jurisdiction over any cases or class of cases of alleged traffic violations, as authorized pursuant to § 37-1-146, or the authority of a municipal court to receive and dispose of such cases or classes of cases of alleged traffic violations. Acts 2004, ch. 914, § 2; 2006, ch. 1004, § 1; 2009, ch. 144, § 1. Compiler's Notes. Former part 3, § 16-18-301 (Acts 1999, ch. 149, § 1), concerning administration of oaths by municipal court judges, was repealed and replaced by Acts 2004, ch. 914, § 2, effective March 1, 2005. Acts 2004, ch. 914, § 8(b) provided that, notwithstanding any provision of former § 16-17-101(c) , or any other law to the contrary, from May 12, 2003, through March 1, 2005, concurrent general sessions jurisdiction shall not be newly conferred upon any existing or newly created municipal court. For tables of population of Tennessee municipalities, see Volume 13 and its supplement. Amendments. The 2009 amendment added the first sentence of the introductory paragraph of (a). Effective Dates. Acts 2009, ch. 144, § 2. May 5, 2009. Cross-References. Penalty for Class A, B and C misdemeanors, § 40-35-111 . Attorney General Opinions. Whether a private or public act may constitutionally authorize a city to establish an environmental court with injunctive powers and power to imprison, OAG 07-147 (10/19/07).