Tennessee § 55-10-308 - Enforcement within municipalities — Suspension of authorization.

§ 55-10-308. Enforcement within municipalities — Suspension of authorization.

For purposes of this section: “Interstate highway” means a portion of any highway designated and known as part of the national system of interstate and defense highways; and “Marked law enforcement vehicle” means a law enforcement vehicle equipped with: At least one (1) light bar assembly designed to display more than one (1) steady burning, flashing, or revolving beam of light with three hundred sixty degrees (360°) visibility; A horn, siren, electronic device, or exhaust whistle from which audible signals may sound; and Graphics, markings, or decals clearly identifying the agency or department on at least three (3) of the following four (4) sides: Front; Rear; Left side; or Right side. Where chapter 8 of this title and §§ 55-10-101 — 55-10-310 apply to territory within the limits of a municipality, the primary responsibility for enforcing the sections shall be on the municipality which shall be further authorized to enforce the additional ordinances for the regulation of the operation of vehicles as it deems proper. Notwithstanding subsection (b), any municipality having a population of at least two thousand five hundred (2,500) and no more than ten thousand (10,000), according to the 2010 federal census or any subsequent federal census, with at least one (1) entrance ramp to and at least one (1) exit ramp from an interstate highway within the limits of such municipality, or any municipality having a population of less than two thousand five hundred (2,500), according to the 2010 federal census or any subsequent federal census, with at least two (2) entrance ramps to and at least two (2) exit ramps from an interstate highway within the limits of such municipality, may regulate enforcement of chapter 8 of this title and §§ 55-10-101 — 55-10-310, on the portions of any interstate highway lying within the territorial limits of the municipalities exercise if: The local legislative body of the municipality authorizes such enforcement of the rules of the road; Any ordinance or resolution authorizing the enforcement of rules of the road is submitted to the commissioner of safety; and The municipality enforces the rules of the road in full compliance with the rules promulgated by the commissioner of safety; provided, that this restriction shall not apply to drug interdiction officers employed by the municipality while the officers are actively serving with any judicial district drug force. Any municipal law enforcement agency enforcing rules of the road on interstate highways pursuant to subsection (c) shall use only marked law enforcement vehicles. Graphics, markings, or decals that are transparent, translucent, or create a holographic effect do not clearly identify the agency or department for purposes of this subsection (d). The commissioner may refuse to issue or may suspend for up to three (3) years the authorization of a municipality, having a population of ten thousand (10,000) or less, according to the 2010 federal census or any subsequent federal census, to enforce the rules of the road on the interstate highways, if the commissioner determines that the municipality is not complying with the requirements set forth in this section or the rules promulgated by the department. Suspension of authorization shall be made in writing and sent by certified mail, return receipt requested, to both the chief law enforcement officer and the mayor of the municipality no less than thirty (30) days prior to the effective date of the suspension of authority. The municipal law enforcement agency shall have twenty (20) days from receipt of the suspension notice to provide proof to the department that the municipal law enforcement agency is complying with the rules promulgated by the department. Timely submission of proof to the department shall stay a suspension until the department makes a determination regarding the suspension of authority of the municipality to enforce the rules of the road on the interstate highways. If the proof submitted pursuant to subdivision (e)(3) is acceptable to the department, the commissioner shall inform in writing the chief law enforcement officer and mayor that the suspension is being rescinded. If the proof submitted pursuant to subdivision (e)(3) is not acceptable to the department, the commissioner shall inform the chief law enforcement officer and the mayor and the suspension of authorization shall be reinstituted. No municipality having a population of ten thousand (10,000) or less, according to the 2010 federal census or any subsequent federal census, and with at least two (2) entrance ramps to and at least two (2) exit ramps from an interstate highway shall be authorized to enforce chapter 8 of this title and §§ 55-10-101 — 55-10-310 when the contiguous stretch of the interstate highway between such entrance and exit ramps does not lie solely within the territorial limits of the municipality. Acts 1955, ch. 329, § 111A; T.C.A., § 59-1029; Acts 2004, ch. 914, § 5; 2005, ch. 506, § 28; 2010, ch. 966, § 2; 2013, ch. 90, § 1; 2014, ch. 674, § 1. Compiler's Notes. For tables of population of Tennessee municipalities, see Volume 13 and its supplement. Attorney General Opinions. Provision of T.C.A.§ 55-10-308 that cities with a population of 10,000 or less must enforce traffic regulations in compliance with rules promulgated by the Tennessee commissioner of safety is constitutional, OAG 05-107, 2005 Tenn. AG LEXIS 109 (7/8/05). If a stretch of interstate highway that lies between a small municipality’s two entrance and two exit ramps includes a portion where only one lane of the interstate highway is within the boundaries of the municipality, that stretch of interstate highway, even if “contiguous,” would “not lie solely within the territorial limits of the municipality.” Thus, T.C.A. § 55-10-308(f) would preclude the municipality from enforcing chapter 8 of title 55 or §§ 55-10-101 to 55-10-310 on that stretch of interstate highway. OAG 18-09, 2018 Tenn. AG LEXIS 8 (3/9/2018).