Tennessee § 29-9-108 - Local violations — Failure to appear.

§ 29-9-108. Local violations — Failure to appear.

The judges of courts exercising municipal jurisdiction in counties having a metropolitan form of government are empowered to punish any person for contempt who, having been cited to appear in such court for the violation of a city, municipal or metropolitan government law or ordinance, willfully fails to appear without just cause on the designated day and at the designated time. The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation. This section shall also apply to judges of courts of general sessions when such judges are exercising municipal jurisdiction by hearing violations of city, municipal or metropolitan government laws or ordinances. The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations. The judges of courts exercising municipal jurisdiction over environmental violations relating to health, housing, fire, building and zoning codes of the municipal code, in any county having a population of not less than seven hundred thousand (700,000) according to the 1980 federal census or any subsequent federal census, shall punish any person for contempt who, having been cited for failure to appear in such court for the violation of a municipal government law or ordinance involving any violation relating to health, housing, fire, building and zoning codes or municipal law: Willfully fails to appear without just cause on the designated day and at the designated time; or Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order. The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation. The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations. Acts 1985, ch. 438, § 2; 1990, ch. 712, § 1; 1998, ch. 682, §§ 7, 8. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Tennessee Criminal Sentencing Reform Act of 1989, § 40-35-101 . Attorney General Opinions. A court has authority to enter a default judgment of contempt in a proceeding for civil contempt if the alleged contemnor fails to respond or appear, as long as the alleged contemnor has been provided with proper notice and the opportunity to respond. OAG 15-36, 2015 Tenn. AG LEXIS 36 (4/21/15). Cited: Cansler v. Cansler, — S.W.3d —, 2010 Tenn. App. LEXIS 76 (Tenn. Ct. App. Feb. 1, 2010); Furlong v. Furlong, 370 S.W.3d 329, 2011 Tenn. App. LEXIS 559 (Tenn. Ct. App. Oct. 14, 2011); Gilreath v. Peters, — S.W.3d —, 2011 Tenn. App. LEXIS 665 (Tenn. Ct. App. Dec. 13, 2011); Slagle v. Slagle, — S.W.3d —, 2012 Tenn. App. LEXIS 281 (Tenn. Ct. App. Apr. 30, 2012).