Memphis Charter, art. 46, § 409 Powers generally.
Sec. 409. - Powers generally.
The governing authority shall have power to pass all laws to preserve the health of the City.
(Acts 1879, ch. 11, § 3)
PUBLIC HEALTH
Memphis Charter art. 46
in effectMemphis Charter, art. 46, § 410 Definition and prevention of nuisances; quarantine law; prohibiting the erection of soap factories, houses for curing hides, slaughter pens, etc.
Sec. 410. - Definition and prevention of nuisances; quarantine law; prohibiting the erection of soap factories, houses for curing hides, slaughter pens, etc.
The governing authority shall have power to define, prevent and remove nuisances within the City, and for a distance of one mile outside the same; to make quarantine laws and enforce the same within ten miles of the City; to prohibit the erection of soap factories, or houses for curing hides, or slaughter pens, and all houses of like character.
(Acts 1879, ch. 11, § 3)
Memphis Charter, art. 46, § 411 Condemnation and abatement of nuisances.
Sec. 411. - Condemnation and abatement of nuisances.
The [governing authority] shall have power, and it shall be their duty, to condemn as nuisances all buildings, cisterns, wells, privies and other erections in the City which, on inspection, shall be found to be unhealthy, unsanitary, or dangerous to persons or property, and cause the same to be abated or removed, unless the owners thereof, at their own expense, upon notice, shall reconstruct the same in such manner as shall be prescribed by the laws of the City; and as to all buildings, cisterns, wells, privies and other private improvements to be constructed in the future they shall have the power, and it shall be their duty, to have the same so constructed as not to interfere with the health or safety of persons or property within the City.
(Acts 1879, ch. 11, § 3; Acts 1889, ch. 163, § 2, subsec. 4)
Memphis Charter, art. 46, § 412 Authority to require houses and premises to be kept clean; prohibiting the placing of trash, etc., on streets, etc.
Sec. 412. - Authority to require houses and premises to be kept clean; prohibiting the placing of trash, etc., on streets, etc.
The [governing authority] shall have the power, and it shall be their duty, to provide that the City is, from day to day and every day, kept in a clean and healthy condition, that the yard and premises of every occupant of every dwelling, outhouse, office, store, shop, or other place of business, including the cellars and other places having unhealthy material, are cleaned and so kept by such occupant every day at his own expense, and to prohibit by proper laws and penalties every such occupant from throwing or putting any trash or improper material in the streets, alleys, or sidewalks, except for the purpose of removal; to require such occupant, daily, to deposit all unhealthy material in the street nearby, in some suitable vessel, to be provided by the occupant at his or her own expense, to be carried off by the public carts and rendered harmless.
(Acts 1879, ch. 11, § 3)
Memphis Charter, art. 46, § 413 Water regulations generally.
Sec. 413. - Water regulations generally.
The governing authority is authorized to regulate wells, cisterns, hydrants and fire plugs, and to convey water into the City from the vicinity.
(Acts 1879, ch. 11, § 3)
Memphis Charter, art. 46, § 413.1 City-County water control board—Established; composition; appointment, terms and removal of members; vacancies; ex officio members.
Sec. 413.1. - City-County water control board—Established; composition; appointment, terms and removal of members; vacancies; ex officio members.
There is hereby established a board composed of five members, to be known as the Memphis and Shelby County Water Control Board. The term of office of the first board appointed shall be from the time of appointment until December 31, 1950, or until the appointment of their successors. Thereafter, succeeding boards shall be appointed for a term of two years, or until the appointment of their successors.
The Board of Commissioners of the City of Memphis, upon the nomination of the Mayor of said City, shall appoint three of said board members. The Quarterly County Court of Shelby County, upon nomination of the Chairman thereof, shall appoint the other two board members. Any and all of said members shall, however, serve subject to the will and pleasure of the authority electing said member as hereinabove provided, and may be removed by said authority at any time for any cause, or without cause. In case of the removal from office, the resignation, the death or the inability to act, of any member, his successor shall be appointed for the remainder of his unexpired term by the authority which appointed him.
The Mayor of the City of Memphis, the Chairman of the County court of Shelby County and the Chairman of the Board of Commissioners of Shelby County shall at all times be ex officio members of said Commission, but without the right to vote.
(Priv. Acts 1949, ch. 498, § 2)
Memphis Charter, art. 46, § 413.2 Same—Qualifications and compensation of members.
Sec. 413.2. - Same—Qualifications and compensation of members.
The members of the said board shall be resident citizens of Shelby County, Tennessee, and may be employees or officials of the City of Memphis or Shelby County. No compensation shall be paid the members of the said board for their services.
(Priv. Acts 1949, ch. 498, § 3)
Memphis Charter, art. 46, § 413.3 Same—Election of Chairman and secretary; meetings; rules and regulations.
Sec. 413.3. - Same—Election of Chairman and secretary; meetings; rules and regulations.
The said board shall have the power to elect a Chairman and secretary from its own members; to fix the time and the place of its meetings; to keep the minutes of its proceedings and to make and promulgate regulations providing for public hearings on applications and petitions which may be made to it, fixing its procedure, and such other rules as may be reasonably necessary to implement and effectuate the purposes of this Act and the powers herein given to said board.
(Priv. Acts 1949, ch. 498, § 4)
Memphis Charter, art. 46, § 413.4 Same—Authority to regulate or prohibit drilling of wells.
Sec. 413.4. - Same—Authority to regulate or prohibit drilling of wells.
The said board, subject to such supervision and direction as may be given to it by the Board of Commissioners of the City of Memphis and the Quarterly County Court of Shelby County, shall have the power and authority to regulate the drilling of wells within Shelby County, the size, bore and depth of same, the quantity of water pumped therefrom, and shall have the right to prohibit the drilling of any and all wells within said County. The said board may require the filing with it of an application to drill a well in Shelby County, which application it shall have authority to grant or deny. The board may, by regulation, exempt from its supervision and control the drilling and operation of wells of less than a certain bore and depth, and the drilling and operation of wells in areas fixed by it.
The board is empowered to set up by regulation the machinery for conducting hearings upon applications to construct and bore wells with the County, and if such machinery is set up, the board shall keep minutes of its proceedings, and make minute entries of its decisions in all matters. The action of the said board in all matters coming within its jurisdiction shall be final.
The said board shall have no power to regulate or prohibit the drilling of wells by any municipality in Shelby County or by the light, gas and water division of the City of Memphis, or any commission, board, or authority which shall succeed to the powers and duties of providing the public water supply for the City of Memphis now exercised by the said light, gas and water division of the City of Memphis.
(Priv. Acts 1949, ch. 498, §§ 5, 7)
Memphis Charter, art. 46, § 413.5 Same—Clerical and technical assistance.
Sec. 413.5. - Same—Clerical and technical assistance.
Said board shall, by and with the consent of the Board of Commissioners of the City of Memphis and the Quarterly County Court of Shelby County, have authority to employ such clerical assistance and such engineering and other technical assistance as may be required by it for the carrying on of such investigations and research as may be deemed advisable by the board and to take care of its administrative and clerical duties. The compensation paid to such employees shall be paid by the City of Memphis or by Shelby County, or by both the said City and the County, and may be the subject of contractual relationship between the said City and County, both said City and County being hereby authorized to make appropriations for said purpose.
(Priv. Acts 1949, ch. 498, § 6)
Memphis Charter, art. 46, § 413.6 Same—Annual statement and report.
Sec. 413.6. - Same—Annual statement and report.
The said Memphis and Shelby County Board of Water Control shall file an annual statement and report with the Board of Commissioners of the City of Memphis and with the County court of Shelby County, reporting in general their operations for the preceding year, and making such recommendations as the board may deem fit and proper. The said report shall be made as of December 31 of each year.
(Priv. Acts 1949, ch. 498, § 8)
Memphis Charter, art. 46, § 414 Power to compel use of water system.
Sec. 414. - Power to compel use of water system.
The governing authority shall have power to compel owners and occupants of houses to take and use for sanitary purposes the water furnished by any general water system owned or operated by the City or by a private company.
(Acts 1899, ch. 47)
Memphis Charter, art. 46, § 415 Authority to compel construction of water closets and other sanitary appliances; connection with water and sewer mains; lien in favor of tenant.
Sec. 415. - Authority to compel construction of water closets and other sanitary appliances; connection with water and sewer mains; lien in favor of tenant.
The governing authority shall have power to compel all owners, tenants, or occupants of improved property in all instances necessary to good sanitation to construct water closets, slop sinks, and other sanitary appliances, and to connect the same with the water and sewer mains; to confer power on said municipality to appoint an inspector of all such work, provided that whenever any tenant or occupant shall be required, under any ordinance of the City, to lay a pavement, make sewer connection, or do any other thing of which the City has the power to compel the performance, such tenant or occupant shall have a lien upon the property occupied for reimbursement and reasonable attorney's fees, if the primary obligation to do the same was on the landlord, said lien to be enforced by attachment proceedings in any court of competent jurisdiction, and to date only from the commencement of such proceedings as against other lien creditors or assigns of the owner, and the tenant or occupant may, when so entitled under the general principles of the law of set off, use such claim against his liability for rent.
(Acts 1879, ch. 11, § 3; Acts 1889, ch. 163, § 1)
Memphis Charter, art. 46, § 416 Regulation of plumbers and plumbing work.
Sec. 416. - Regulation of plumbers and plumbing work.
Said local government shall have power to regulate and control plumbers and plumbing works, and to enforce the efficiency of same.
(Acts 1889, ch. 163, § 2, subsec. 2)
Memphis Charter, art. 46, § 417 Establishment and regulation of markets and markethouses.
Sec. 417. - Establishment and regulation of markets and markethouses.
The governing authority shall have power to establish and regulate markets and markethouses.
(Acts 1879, ch. 11, § 3)
Memphis Charter, art. 46, § 418 Permit for sale or production of milk—Authority to issue; contents.
Sec. 418. - Permit for sale or production of milk—Authority to issue; contents.
For the purpose of enabling the boards of health within taxing districts and cities having a population of one hundred thousand (100,000) and upwards according to the Federal Census of 1900, or any subsequent Federal Census, to secure a better control and a better inspection of the milk supplied in said taxing districts and cities, said boards of health are hereby authorized and empowered to issue permits to all per sons, firms, or corporations engaged in the selling of milk at wholesale or retail within the limits of said cities, or engaged in the production of milk which is sold by others in said cities. Said permits shall read as follows:
"This is to certify that ____________ is hereby permitted by the Board of Health to sell milk at wholesale or retail within the limits of ____________ , or to produce milk to be sold therein by others for the period of twelve months from this date. This permit is subject to revocation by this Board, if at any time said ____________ , who holds this permit, shall violate the ordinances of ____________ or the laws of the State with reference to the production or sale of milk or its products. This permit is not transferable. The fee for this permit, $15, has been paid, and the receipt is hereby acknowledged. Attest: The Board of Health of ____________ By ____________ President; ____________ Secretary."
(Acts 1907, ch. 202, § 1)
Memphis Charter, art. 46, § 419 Same—Revocation.
Sec. 419. - Same—Revocation.
It shall be the duty of said board of health, at its discretion, to revoke said permit at any time that the party holding same shall have been convicted of the violation of the ordinances of said cities, or the laws of the State with reference to the production or sale of milk and its products; and if said party shall have been convicted of the violation of said laws or ordinances as many as three times, then the board of health shall revoke said permit, and said party shall not be entitled to receive another permit until twelve months have elapsed after the revocation of his permit.
(Acts 1907, ch. 202, § 2)
Memphis Charter, art. 46, § 420 Same—Fee.
Sec. 420. - Same—Fee.
The fee for this permit shall be $15.00 in each case, and said fees shall be collected by the secretary of the board of health when the permits are issued, and the funds arising from these fees shall be used by the board of health, in addition to any appropriation that it may now have, for the employment of a chemist and for such milk inspectors as may, in their discretion, be considered necessary, and to defray any other expenses connected with the inspection of the milk supply.
(Acts 1907, ch. 202, § 3)
Memphis Charter, art. 46, § 421 Same—Collection and disbursement funds arising from fees.
Sec. 421. - Same—Collection and disbursement funds arising from fees.
The secretary of the board of health shall collect and disburse the funds arising from these fees upon the orders of the board of health.
(Acts 1907, ch. 202, § 4)
Memphis Charter, art. 46, § 422 Authority to fix standard of milk and milk products; penalty for violation of standards.
Sec. 422. - Authority to fix standard of milk and milk products; penalty for violation of standards.
The board of health of the respective cities to which this Act may apply [see § 418] is hereby given the power to fix the standard of milk, cream, and other milk products to be sold in said cities, and after said standard shall have been fixed, it shall be unlawful for any person, firm or corporation to offer for sale any milk, cream or milk products of a lower standard than that fixed by the board of health, and to do so shall be a misdemeanor, and, upon conviction, the party found guilty thereof shall be fined not less than $25.00 or more than $100.00 for each offense.
(Acts 1907, ch. 202, § 5)
Memphis Charter, art. 46, § 423 Rules and regulations for control and inspection of milk.
Sec. 423. - Rules and regulations for control and inspection of milk.
The board of health of the respective cities to which this Act may apply [see § 418] is hereby given the power to enact such rules and regulations as may, in their discretion, be necessary for the proper control and inspection of the milk that may be offered for sale in said cities and to enforce same.
(Acts 1907, ch. 202, § 6)
Memphis Charter, art. 46, § 424 Weeds and grass—Authority to require cutting; failure to cut; cutting by City; costs; lien.
Sec. 424. - Weeds and grass—Authority to require cutting; failure to cut; cutting by City; costs; lien.
The Board of Commissioners of the City of Memphis shall have the power by proper ordinance to require all rank weeds and grasses to be kept cut or otherwise destroyed, and shall have the authority to compel the owner, occupant or tenant of any property to cut or destroy such weeds or grasses; they shall also have power upon the refusal of the owner to cut or destroy such weeds or grasses, or in case the owner of the property is a nonresident or unknown, to cut or destroy such weeds or grasses, and shall have a lien upon the property on which said weeds or grasses are cut or destroyed for the cost of such removal, which lien can be enforced by attachment suit in any court of competent jurisdiction; they shall also have the power to make the refusal to cut or destroy such weeds or grasses a misdemeanor, punishable as other City offenses are punishable.
(Priv. Acts 1921, ch. 61, § 1)
Memphis Charter, art. 46, § 425 Same—Costs may be collected as special tax.
Sec. 425. - Same—Costs may be collected as special tax.
As an additional and cumulative remedy the Board of Commissioners of the said City may by ordinance provide that on certification of the cost of cutting weeds, grass, and noxious growths upon the property described in said Act, to the City Treasurer, it shall be the duty of the City Treasurer to put the amount so certified on the tax bill against said property, and it shall be the duty of the City Treasurer to collect, as a special tax, the amount so certified, and for the purposes of this Act, the cost of cutting weeds, grass and noxious growths upon any property in the limits of said City may by ordinance duly passed be declared to be a special tax to be collected as other general taxes levied by such City are now or may be hereafter collected.
(Priv. Acts 1915, ch. 20, § 1; Priv. Acts 1921, ch. 107, § 1)
Memphis Charter, art. 46, § 426 Same—Powers considered cumulative.
Sec. 426. - Same—Powers considered cumulative.
The provisions of this Act shall not be construed as abridging or amending any other power or authority which the City of Memphis or its Board of Commissioners may have, on this subject, under existing or future laws; but the provisions of this Act shall be construed as being cumulative and in addition thereto.
(Priv. Acts 1921, ch. 61, § 2)
Memphis Charter, art. 46, § 427 Contagious diseases generally.
Sec. 427. - Contagious diseases generally.
Said local government shall have power to prevent the introduction of contagious diseases within the City; and shall notify the board of education of the facts in every such case of contagious disease, giving name, age and sex of the individual so sick, name of disease, street and number of house.
(Acts 1879, ch. 11, § 3; Acts 1893, ch. 151; Acts 1905, ch. 519)
Memphis Charter, art. 46, § 428 Authority to construct, equip, acquire and operate abattoirs, slaughterhouses, etc.
Sec. 428. - Authority to construct, equip, acquire and operate abattoirs, slaughterhouses, etc.
The Board of Commissioners and other legislative council of the City of Memphis, in addition to all the powers now delegated or provided, shall have full power, independently or in conjunction with any other governmental agency or agencies, to erect, equip, acquire and operate abattoirs, slaughterhouses, plants, places, and/or facilities for the inspection and storage of meats intended for human consumption, and/or for the slaughter and disposal of lower animals, in the protection of public health; and the acquisition, erection and operation of such abattoirs, slaughterhouses, plants and/or facilities shall be governmental functions of such municipalities or taxing districts, exercised for the public health, safety or general welfare.
(Priv. Acts 1935, ch. 17)
Memphis Charter, art. 46, § 429 Inspection and regulation of meat and meat products.
Sec. 429. - Inspection and regulation of meat and meat products.
The Board of Commissioners and/or other legislative council, in addition to all of the powers now delegated or provided, shall have full power to provide adequate and qualified inspection service; to regulate inspection of meat intended for human consumption sold or offered for sale within the City of Memphis; to designate the place or places, regulate the manner, and prescribe the conditions under which all animals intended for human consumption in said City shall be slaughtered, and/or inspected, both before and after being slaughtered; to provide for proper chilling and storage of such meat and to provide for the sanitary transportation of all such meat within such City; to prohibit the sale or exposure for sale in said City of any meat which has not been slaughtered and/or inspected in accordance with regulations prescribed by the governing authorities or agencies of said City; to prohibit the sale of all meat within said City which has not been slaughtered in said City in accordance with the prescribed regulation, unless such meat has been inspected by duly authorized inspectors of the United States Department of Agriculture, or has been inspected in a manner approved by the health officer of the City of Memphis; and to make such other regulation as may be necessary in order to carry out the purposes of this Act, in the interest of the public health, safety and general welfare.
(Priv. Acts 1935, Ex. Sess., ch. 106)
Memphis Charter, art. 46, § 430 Authority of superintendent of health to order autopsy of persons dying at John Gaston Hospital.
Sec. 430. - Authority of superintendent of health to order autopsy of persons dying at John Gaston Hospital.
The superintendent of the Health Department of the City of Memphis shall have authority and it shall be his duty whenever he deems an emergency to exist requiring it to order an autopsy of any person dying at the John Gaston Hospital under circumstances and with diseases deemed dangerous to the health and welfare of the community.
(Priv. Acts 1941, ch. 44, § 1(11))
Memphis Charter, art. 46, § 431 Authority to regulate the sale, etc., of fruits and vegetables.
Sec. 431. - Authority to regulate the sale, etc., of fruits and vegetables.
The Board of Commissioners and/or other legislative councils or governing bodies of such taxing districts, in addition to all other powers now delegated or provided, shall have full power and authority to provide and establish adequate inspection service as to any or all fruits and vegetables intended for human consumption in the City of Memphis, to regulate, and to provide for, inspection of any or all fruits and vegetables intended for human consumption in the City of Memphis sold, offered or exposed for sale, in the City, whether at wholesale, at retail, or either, or otherwise; to regulate, and to provide for the inspection of any establishment, grocery, public and private market, lot, storeroom, building, structure, warehouse, freight car, office, stall, stand, car booth, truck, trailer, wagon or other vehicle, or other place where such fruits and vegetables or [are] kept, stored, packed, transported, sold, exposed or offered for sale; to regulate, to require and provide for, the licensing of any building, public and private market, or other place set forth immediately above, where such fruits and vegetables are kept, stored, packed, transported, sold, exposed or offered for sale; to impose inspection fee or fees for inspection, and to designate the place or places, time or times therefor; to regulate and prescribe the manner and conditions under which such fruits and vegetables shall be kept, stored, packed, labeled, transported, sold, exposed or offered for sale, and inspected; to require, regulate and provide for the licensing of any person, partnership, firm, corporation, association, cooperative marketing association, selling, exposing or offering for sale such fruits and vegetables, as commission merchant, wholesaler, producer, retailer, huckster, peddler, itinerant, grocer, broker, agents or otherwise within the City of Memphis, and to impose license fees therefor; to prohibit the sale or exposure for sale in said City of any such fruits and vegetables which may not have been inspected, kept, stored, packed, labeled or transported in accordance with regulations prescribed or adopted by the governing authorities or agencies of said City, or which may be sold or offered for sale in some place or by some such person in said City not inspected and licensed in accordance with such regulations; to acquire by purchase, lease, gift or otherwise, and to establish and equip depots and inspection facilities in said City; to provide penalties for violation of regulations; to require the keeping and submission of books, records and reports in regard to the sales, quality and kind of such fruits and vegetables; to provide for City inspectors and to fix their compensation; and to make such other regulation as may appear to the said governing authorities or agencies of the City of Memphis to be necessary in order to carry out the purposes of this Act, in the interest of, and for the protection and preservation of, the public health, safety, and general welfare in the City of Memphis.
(Priv. Acts 1939, ch. 211, § 1)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART46PUHEFetched: 10/28/2026