TITLE 11
MUNICIPAL OFFENSES1
CHAPTER
CHAPTER 1
1Municipal code references
Animals and fowls: title 10.
Housing and utilities: title 12.
Fireworks and explosives: title 7.
Traffic offenses: title 15.
Streets and sidewalks (non-traffic): title 16.
2Municipal code reference
Sale of alcoholic beverages, including beer: title 8.
State law reference
See Tennessee Code Annotated § 33-8-203 (Arrest for Public
Intoxication, cities may not pass separate legislation).
11-101. Drinking beer, etc., on streets, etc.
11-101. Drinking beer, etc., on streets, etc. It shall be unlawful for any person to drink or consume, or have an open can or bottle of beer or intoxicating liquor in or on any public street, alley, avenue, highway, sidewalk, public park, public school ground or other public place unless the place has an appropriate permit and/or license for on premises consumption. (1982 Code, § 10-216)
CHAPTER 2 OFFENSES AGAINST THE PERSON SECTION
11-201. Assault and battery.
11-201. Assault and battery. It shall be unlawful for any person to commit an assault or an assault and battery upon another person. (1982 Code, § 10-203)
CHAPTER 3
SECTION
11-301. Disturbing the peace.
11-302. Unlawful noises enumerated.
11-303. Noise generally.
11-304. Disturbing lawful assemblies generally.
11-305. Disturbing religious congregations or schools.
11-301. Disturbing the peace. It shall be unlawful for any person to disturb the peace of others by violent, profane, indecent, offensive, or boisterous conduct or language, or by conduct calculated to provoke violence or a violation of the law. (1982 Code, § 10-212)
11-302. Unlawful noises enumerated. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this code, but said enumeration shall not be deemed to be exclusive, namely:
(15) Pile drivers, hammers, etc. The operation between the hours of 10:00
p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise.
(16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (1982 Code, § 10-206)
11-303. Noise generally. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city. (1982 Code, § 10-205)
11-304. Disturbing lawful assemblies generally. It shall be unlawful to disturb or disquiet any congregation or lawful assemblage by rude, noisy, or indecent conduct or by unseemly words or gestures. (1982 Code, § 10-214)
11-305. Disturbing religious congregations or schools. It shall be unlawful for any person to disturb or disquiet any congregation or assembly met for religious worship or any school, by indecent or lewd conduct, or by boisterous or profane discourse within or near such place of worship, assembly, or school. (1982 Code, § 10-215)
CHAPTER 4
SECTION
11-401. Throwing rocks and other missiles.
11-402. Carrying weapons prohibited.
11-403. Exemptions.
11-404. Carrying knife with blade exceeding four inches.
11-405. Selling, disposing of dangerous weapons.
11-406. Selling, giving weapons to minor.
11-407. Unlawful weapons forfeited.
11-408. Disposition of confiscated weapons.
11-409. Firing, discharging.
11-401. Throwing rocks and other missiles. It shall be unlawful for any person to throw rocks, bricks, brickbats, snowballs, or any other kind of missiles upon the streets, in the parks, or elsewhere within the corporate limits. (1982 Code, § 10-218)
11-402. Carrying weapons prohibited. It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife, or other knife of like form, shape, or size, any sword cane, ice pick, sling shot, blackjack, brass knucks, spanish stiletto, or a fountain pen pistol or gun or like instrument containing a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, or any other dangerous weapon, except the army or navy pistol which shall be carried openly in the hand. (1982 Code, § 10-232)
11-403. Exemptions. The provisions of § 11-402 shall not apply to any person employed in the army, air force, navy, or marine service of the United States, or to any officer or policeman while bona fide engaged in his official duties, in the execution of process, or while searching for or engaged in arresting criminals, nor to persons who may have been summoned by such officer or policeman in the discharge of his duties, and in arresting criminals and transporting and turning them over to the proper authorities; nor shall said provisions apply to any conductor of any passenger or freight train of any railroad while he is on duty. Persons who may be employed in the army, air force, navy, or marine service, as aforesaid, shall only carry such pistols as are prescribed by the army, air force, and navy regulations. (1982 Code, § 10-233)
11-404. Carrying knife with blade exceeding four inches. It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any pocket knife with a blade exceeding four (4) inches in length. (1982 Code, § 10-234)
11-405. Selling, disposing of dangerous weapons. It shall be unlawful to sell, or offer to sell, or to bring into this city for the purpose of selling, giving away, or otherwise disposing of, any knife or other prohibited weapon mentioned in § 11-402; and the person guilty thereof, for each knife or other prohibited weapon shall be guilty of a misdemeanor; provided, however, sales shall not be unlawful if conducted in accordance with Tennessee Code Annotated, § 39-6-1704. (1982 Code, § 10-235)
11-406. Selling, giving weapons to minor. It shall be unlawful for any person to sell, lend, or give to any minor a pistol, bowie knife, hunter's knife, or like dangerous weapon, except a gun for hunting. (1982 Code, § 10-236)
11-407. Unlawful weapons forfeited. Whenever any person is arrested by any lawful officer of the city, and such person is found to have on his person, or about him in an unlawful manner any unlawful weapon, such as bowie knife, blackjack, knuckles, sling shots, pistols, burglar's tools, or any other weapon or device which is denominated as unlawful under the statutes of this state or provisions of this code, which he is by law prohibited from carrying, such weapon shall become the property of the city. (1982 Code, § 10-237)
11-408. Disposition of confiscated weapons. All weapons confiscated under § 11-407 may be destroyed or otherwise disposed of under the supervision and order of the city judge; but it is expressly provided that in no event shall such weapons be returned to the person arrested, or any of his relatives or friends, and it is further expressly provided that they shall not be sold or offered for sale in any part of the state, except that after a finding of guilty of unlawful possession of such weapon, the city judge may, after the final conclusion of the case, order the same to be sold to business concerns who handle similar items in their normal course of business. (1982 Code, § 10-238)
11-409. Firing, discharging. (1) Prohibited. It shall be unlawful to fire, shoot, or discharge any rifle, pistol, shotgun, other firearm, bow and arrow, spring, air or "BB" gun, or other dangerous weapon without a permit from the chief of police.
(2) Exceptions. The provisions of this section shall not apply to persons employed in the army, air force, navy or marine service of the United States, or to any law enforcement officer engaged in his official duties, in the execution of process, or while searching for or engaged in arresting criminals, nor to persons who may have been summoned by such officer in the discharge of his duties, and in arresting criminals and transporting and turning them over to the proper authorities; nor shall said provisions apply to any conductor of any passenger or freight train of any railroad while he is on duty. (1982 Code, § 10-239)
CHAPTER 5
SECTION
11-501. Injuring, damaging, etc., public or private property. 11-502. Unauthorized repair, modification or tampering with water metering
devices prohibited. 11-503. Posting notices, etc. 11-504. Curfew for minors. 11-505. Curfew for minors on Halloween. 11-506. Prostitution and assignation defined. 11-507. Engaging in, aiding, abetting prostitution. 11-508. Procuring female for prostitution; receiving money from prostitutes. 11-509. Open excavations prohibited. 11-510. Burial of non-human bodies in city cemeteries. 11-511. Smoking in civic auditorium. 11-512. Dropping of leaflets from airplanes. 11-513. Opening and closing times for Riverfront Park, Rocket Ballfield and
Ramsey Park.
11-501. Injuring, damaging, etc., public or private property. It shall be unlawful for any person to tear down, destroy, injure, damage, or deface in any manner any shade tree; telephone, telegraph, or electric light pole, wire, or insulator; or any public or private property of any kind. (1982 Code, § 10-201)
11-502. Unauthorized repair, modification or tampering with water metering devices prohibited. It shall be unlawful for any person, plumber or otherwise, except an authorized employee of the city to work on, repair, remove, change, connect or disconnect, replace or otherwise tamper with any water metering device that is the property of the city unless specifically authorized to do so in writing by an authorized official of the McMinnville Water Department. (1982 Code, § 10-202)
11-503. Posting notices, etc. No person shall fasten, in any way, any show-card, poster, or other advertising device upon any public or private property unless legally authorized to do so. It shall be the duty of the chief of police, or any other police officer, forthwith to remove any sign, poster, or other material posted or otherwise located in violation of this section and immediately arrest the offender. (1982 Code, § 10-240)
11-504. Curfew for minors. (1) It shall be unlawful for any person under eighteen (18) years of age to be or remain on any street or other public place within the corporate limits of the city between the hours of 11:00 p.m. and 4:00 a.m.,
unless accompanied by a parent, guardian, or other person having the legal custody of such minor person, or unless in the performance of an errand or duty directed by such parent, guardian, or other person having the legal custody of such minor person.
11-507. Engaging in, aiding, abetting prostitution. It shall be unlawful to engage in, or knowingly to aid or abet prostitution or assignation or to procure or solicit or to reside in, enter, or remain in any vehicle, trailer, conveyance, place, structure, or building for the purpose of prostitution or assignation. It shall be unlawful to keep or set up a house of ill fame, brothel, or bawdy house, or to receive or direct any person for purposes of prostitution or assignation into any vehicle, trailer, conveyance, place, structure, or building, or to permit any person to remain for the purpose of prostitution or assignation in any vehicle, trailer, conveyance, place, structure, or building. It shall also be unlawful to direct, take, or transport, or to offer or agree to take or transport, or to aid or assist in transporting or directing any person to any vehicle, conveyance, trailer, place, structure, or building, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution or assignation. It shall be unlawful to lease or rent or contract to lease or rent any vehicle, trailer, conveyance, place, structure, or building, or part thereof, believing that it is intended to be used for any of the purposes herein prohibited, or knowingly to aid, abet, or participate in the doing of any of the acts herein prohibited. (1982 Code, § 10-209)
11-508. Procuring female for prostitution; receiving money from prostitutes. It shall be unlawful to procure a female inmate for a house of prostitution, or to cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device, a female to become a prostitute or to remain in or become an inmate of a house of prostitution. It shall be unlawful to receive or give, or agree to receive or give any money or thing of value for procuring or attempting to procure any female to become a prostitute or an inmate of a house of prostitution, or knowingly to accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution. It shall also be unlawful knowingly to aid, abet, or participate in the doing of any of the acts herein prohibited. (1982 Code, § 10-210)
11-509. Open excavations prohibited. It shall be unlawful for any person to allow any well or cistern or other excavation located on property under his control to remain open or uncovered so as to endanger the lives or limbs of citizens. (1982 Code, § 10-219)
11-510. Burial of non-human bodies in city cemeteries. It shall be unlawful for any person to bury any body other than that of a human being in any of the cemeteries over which the city or a duly appointed cemetery board for the city has the supervision and control. (1982 Code, § 10-220)
11-511. Smoking in civic auditorium. It shall be unlawful to smoke or carry lighted tobacco or other such smokable substance in any form in any area in the McMinnville Civic Auditorium, where signs have been placed prohibiting smoking. There shall be ash trays or other fire proof containers at the entrance of such places for disposal of such lighted tobacco.
In addition to the penalty provided in the general penalty clause of this code, any person violating the smoking prohibition of this section may be evicted from the civic auditorium. (1982 Code, § 10-221)
11-512. Dropping of leaflets from airplanes. It shall be unlawful for any firm, person, or corporation to permit or cause to be dropped from an airplane any form of leaflets or tracts, and the appearance of a firm, personal, or corporate name thereon shall be prima facie evidence that such firm, person, or corporation permitted or caused same to be dropped. (1982 Code, § 10-241)
11-513. Opening and closing times for Riverfront Park, Rocket Ballfield and Ramsey Park. (1) Riverfront Park hours. Riverfront Park shall be closed for public use and to public use on Monday from 10:00 p.m. until 6:00 a.m. Tuesday, Tuesday from 10:00 p.m. until 6:00 a.m. Wednesday, Wednesday from 10:00 p.m.
until 6:00 a.m. Thursday, Thursday from 10:00 p.m. until 6:00 a.m. Friday, Friday from 10:00 p.m. until 6:00 a.m. Saturday, Saturday from 11:00 p.m. until 6:00 a.m. Sunday, Sunday from 11:00 p.m. until 6:00 a.m. Monday, provided, however, fishing is allowed at any time.
(2) Rocket Ballfield hours. Rocket Ballfield shall be closed for public use and to public use on Monday from 9:00 p.m. until 6:00 a.m. Tuesday, Tuesday from
9:00 p.m. until 6:00 a.m. Wednesday, Wednesday from 9:00 p.m. until 6:00 a.m. Thursday, Thursday from 9:00 p.m. until 6:00 a.m. Friday, Friday from 9:00 p.m. until 6:00 a.m. Saturday, Saturday from 11:00 p.m. until 6:00 a.m. Sunday and Sunday from 11:00 p.m. until 6:00 a.m. Monday.
(3) Ramsey Park hours. Ramsey Park shall be closed for public use and to public use on Monday from 9:00 p.m. until 6:00 a.m. Tuesday, Tuesday from 9:00
p.m. until 6:00 a.m. Wednesday, Wednesday from 9:00 p.m. until 6:00 a.m. Thursday, Thursday from 9:00 p.m. until 6:00 a.m. Friday, Friday from 9:00 p.m. until 6:00 a.m. Saturday, Saturday from 10:00 p.m. until 6:00 a.m. Sunday and Sunday from 10:00 p.m. until 6:00 a.m. Monday.
CHAPTER 6
SECTION
11-601. Smoking prohibited. 11-602. Smoking during special events. 11-603. Signs to be displayed. 11-604. Violations. 11-605. Severability.
11-601. Smoking prohibited. Smoking in any form shall be prohibited in the McMinnville Civic Center building during the normal operational hours of the Civic Center in which it is open to the public. (Ord. #1114, § 1, May 1994)
11-602. Smoking during special events. The director of parks and recreation shall have the authority to designate specific smoking and nonsmoking areas within the McMinnville Civic Center during special events provided that the entire Civic Center building is being leased or such areas which are not leased are closed to the general public. (Ord. #1114, § 2, May 1994)
11-603. Signs to be displayed. Appropriate signs shall be displayed in conspicuous locations within the areas of the Civic Center notifying the occupants of the designated smoking and/or nonsmoking areas within the Civic Center. No person shall willfully mutilate or destroy any sign required by this section. (Ord. #1114, § 3, May 1994)
11-604. Violations. Any person found in violation of the prohibitions contained in this chapter shall be fined not more than fifty dollars ($50.00) plus court cost. Each occurrence shall constitute a separate offense. (Ord. #1114, § 4, May 1994)
11-605. Severability. If any section, subsection, paragraph, sentence, item or clause of this chapter shall for any reason be declared unconstitutional or invalid, such declaration shall not affect any other portion of this chapter, it being the intent that the sections, subsections, paragraphs, sentences, items or clauses of this chapter shall be treated as severable. (Ord. #1114, § 5, May 1994)
CHAPTER 7
SECTION
11-701. Establishment of the walking trail.
11-701. Establishment of the walking trail. I. There is hereby established by the City of McMinnville a trail as described in the preamble of Ord. #1398,1 which shall be used primarily for walkers and shall be known as the McMinnville Civic Center Walking Trail.
II. The following rules and regulations shall govern when the walking trail may be used, the purposes for which the walking trail may or may not be used, and the method by which the rules and regulations may be amended:
1Ord. #1389, Sept. 2001 is of record in the office of the city recorder.
III. Anyone violating any of the rules and regulations heretofore set out or hereinafter adopted by the Parks and Recreation Committee or the Board of Mayor and Aldermen of the City of McMinnville, Tennessee, shall upon conviction be assessed a fine and/or civil penalty in a sum of from $2.00 to $50.00 and may be barred from the use of the walking trail. (as added by Ord. #1398, Sept. 2001)