HEALTH AND SAFETY REGULATIONS GENERALLY

Memphis Code of Ordinances tit. 9, ch. 9-8

in effect

Memphis Code of Ordinances § 9-8-1 Adoption of state regulations relative to communicable diseases.

Sec. 9-8-1. - Adoption of state regulations relative to communicable diseases. The Regulations Governing Communicable Diseases in Tennessee, pages four through 20, and any changes and amendments thereto, published by the Tennessee Department of Public Health, in accordance with the provisions of chapter 111 of the Public Acts of 1941, are adopted and approved and made a part of this title as fully as if set out herein. (Code 1967, § 32-8; Code 1985, § 16-8)

Memphis Code of Ordinances § 9-8-2 General powers and duties of health officer relative to communicable diseases.

Sec. 9-8-2. - General powers and duties of health officer relative to communicable diseases. The health officer or his or her representative shall make such investigations as in his or her judgment may be necessary to determine the presence or absence of any of the diseases named in the state regulations adopted by section 9-8-1, and if any such be found he or she shall adopt such measures as are authorized by law for the prevention of the spread of such disease and for the relief of the patient. The health officer, or his or her representative, shall secure material for cultures or specimens for bacteriological or other laboratory examination to assist in determining the diagnosis whenever, in his or her judgment, such procedure is necessary, and any person, when requested by him or her or his or her representative, shall permit such specimens to be taken. (Code 1967, § 32-9; Code 1985, § 16-9)

Memphis Code of Ordinances § 9-8-3 Free vaccination and treatment in certain cases.

Sec. 9-8-3. - Free vaccination and treatment in certain cases. Whenever any person is, by the provisions of state law or the regulations adopted by section 9-8-1 required to be vaccinated or treated with any virus or preparation to protect against or treat a communicable disease and is unable to pay for such virus or preparation, the department of health shall furnish it free, and shall provide for the vaccination or treatment of such person. (Code 1967, § 32-10; Code 1985, § 16-10)

Memphis Code of Ordinances § 9-8-4 Special powers in health emergencies.

Sec. 9-8-4. - Special powers in health emergencies. Whenever any emergency occurs, or any rare or unusual disease appears, or when any disease becomes unduly prevalent, the health officer, subject to the approval of the mayor, shall have the power to employ any measures necessary for the protection of the public health; and the mayor shall have the power, by proclamation, to establish quarantine and to promulgate such rules and regulations as may be necessary to combat such emergencies, including rules and regulations for persons residing in, entering or leaving the city, and the regulation of property, and he or she shall have power to make such expenditures as may be necessary for such purpose. The health officer and his or her deputies, assistants and officers shall have the right to enter private premises and it shall be their duty to enforce the rules and regulations promulgated by the mayor and established by the health officer under the provisions of this section. Any person who violates any such regulation, or who fails to carry out any lawful order of the health officer in such emergencies, shall be guilty of a misdemeanor. (Code 1967, § 32-11; Code 1985, § 16-11)

Memphis Code of Ordinances § 9-8-5 Report of births and stillbirths.

Sec. 9-8-5. - Report of births and stillbirths. Any person, including physicians and midwives, who delivers or assists in delivering any woman, shall report all births and stillbirths, as required by the provisions of the state Vital Statistics Act, T.C.A. §§ 68-3-101—68-3-313, as amended. (Code 1967, § 32-14; Code 1985, § 16-12)

Memphis Code of Ordinances § 9-8-6 Physicians' reports of deaths.

Sec. 9-8-6. - Physicians' reports of deaths. It shall be the duty of every practicing physician in the city to report, in writing, to the department of health, the death of any of his or her patients who shall have died in the city, within 72 hours thereafter, and to state in such report the specific name and type of the disease, or other cause of death; provided, however, that so long as the department of health of the city, or any member thereof, shall act as registrar of vital statistics under the general laws of the state, separate reports to the department of health shall not be required. (Code 1967, § 32-15; Code 1985, § 16-13)

Memphis Code of Ordinances § 9-8-7 Birth and death certificates.

Sec. 9-8-7. - Birth and death certificates. The vital statistics division of the department of health shall have authority to issue transcripts and photostatic copies of births and deaths, or certified copies of births and deaths occurring prior to 1914, and charge therefor a sum to be fixed by the health officer not to exceed $4.00 each to be paid upon delivery of same. (Code 1967, § 32-16; Code 1985, § 16-14; Ord. No. 215, § 1, 7-16-1968)

Memphis Code of Ordinances § 9-8-8 Burials in unauthorized places.

Sec. 9-8-8. - Burials in unauthorized places. It is unlawful for any person to bury or cause to be buried a dead body of any human being on any lot or plot of ground in the city other than those officially registered and licensed for this purpose and in which there is sufficient space or ground for the location of the grave so that it can be dug in solid earth without digging on or into another grave. (Code 1967, § 32-18; Code 1985, § 16-16)

Memphis Code of Ordinances § 9-8-9 Retaining or exposing dead bodies.

Sec. 9-8-9. - Retaining or exposing dead bodies. No person shall retain, expose, or allow to be retained or exposed the dead body of any human being, to the peril or prejudice of the life or health of any person. (Code 1967, § 32-19; Code 1985, § 16-17)

Memphis Code of Ordinances § 9-8-10 Disinterment of dead bodies.

Sec. 9-8-10. - Disinterment of dead bodies. The disinterment of dead bodies from any of the cemeteries or burial places in or near the city, or storing dead bodies within the same, except for freezing or embalming, without special permission from the registrar of vital records, and on such terms as he or she may prescribe, is forbidden. (Code 1967, § 32-20; Code 1985, § 16-18)

Memphis Code of Ordinances § 9-8-11 Cleanliness and ventilation of places of public assemblage.

Sec. 9-8-11. - Cleanliness and ventilation of places of public assemblage. No person, being the lessee, manager, conductor or owner, of any theatre, church, motion picture house, hall or other place of public assemblage, shall cause, permit, or allow the same, or any part or appurtenance thereof, to be so far overcrowded or inadequate, faulty or insufficient in respect to cleanliness, ventilation, excreta disposal, water supply, or in any other particular as to cause any avoidable peril to any person properly at or in any such place. (Code 1967, § 32-21; Code 1985, § 16-19)

Memphis Code of Ordinances § 9-8-12 Use of common utensils and towels in public or semipublic places.

Sec. 9-8-12. - Use of common utensils and towels in public or semipublic places. The use of common drinking or eating utensils, towels, or any other article for common use in public or semipublic places or establishments which might cause the spread of any communicable disease is forbidden in the city. The term "common," as used in this section, means for use of more than one person without proper cleaning or disinfecting by methods approved by the health officer. (Code 1967, § 32-22; Code 1985, § 16-20)

Memphis Code of Ordinances § 9-8-13 Toilets and lavatories at industrial and business establishments.

Sec. 9-8-13. - Toilets and lavatories at industrial and business establishments. Adequate toilets, urinals, lavatories, showers and locker and toilet rooms shall be provided at all industrial establishments, business establishments and other places of employment, as may be deemed necessary for each establishment by the health officer. (Code 1967, § 32-23; Code 1985, § 16-21)

Memphis Code of Ordinances § 9-8-14 Offensive water or other liquids.

Sec. 9-8-14. - Offensive water or other liquids. No person shall permit, have or cause any offensive water or other liquid substance on his or her premises or grounds, to the prejudice of health, safety or life, whether for use in any trade, business or otherwise. (Code 1967, § 32-27; Code 1985, § 16-23)

Memphis Code of Ordinances § 9-8-15 Septic tanks and privies.

Sec. 9-8-15. - Septic tanks and privies. A. No septic tank or vault, privy, sink, cistern, well or cesspool shall be constructed or rebuilt in the city except in accordance with the regulations of and pursuant to a permit from the department of health, nor shall any erection or cover be made or put upon or over the same, until the same has been examined by the health officer or an officer detailed by him or her, and found to correspond to such permit and regulations. B. No privy shall be built within four feet of the line of any lot. C. All septic tanks and privies for excrement shall be under the supervision of the health department. The department shall see that every septic tank and privy is kept in good working order and in a sanitary condition, and it is unlawful for any person to fail to keep his or her septic tank or privy in such clean and sanitary condition. D. The department of health shall make periodic inspections, as often as may be deemed necessary, of any septic tank or privy in the city, and where the inspector shall find any unsanitary condition, he or she shall at once condemn the same as a nuisance and notify the occupant or owner of the premises where such septic tank or privy is to clean out, disinfect and fill up the same within five days thereafter, or take such steps as may be necessary to render such septic tank or privy sanitary. E. Whenever the city's sanitary sewer system shall be extended into any unsewered portion of the city, it shall be the duty of every owner or occupant on whose premises there is a septic tank or privy to have the same cleaned out, disinfected and filled up as soon as possible after sewer connections are available, and it is unlawful for such owner or occupant to fail so to do after notice from the department of health. Connection with the sewer system shall be made as soon as possible. F. The type and methods of construction of receptacles for excrement and the methods of providing for the reception, collection and disposition of excrement, shall be under the supervision of the department of health. The department may from time to time make such rules and regulations for the building of such receptacles, the collection and disposition of excrement, in such parts of the city as are not supplied with sanitary sewers, as it may deem best suited for the protection of human life and the public health. G. All excrement collected in any receptacle shall be carried off at the expense of the city and removed to such place as the department of health may designate. H. No person shall empty or attempt to empty any septic tank or privy in the city, except under the permit therefor first obtained from the department of health. The department of health is required to keep a record of all septic tanks and privies emptied, and when any are emptied they shall be reported to the department of health so that the same may be inspected. I. No part of the contents of any septic tank or privy or any accumulation of any offensive fluid, liquid or semi-liquid substance material, being in any excavation, cellar or place within the city, shall be removed therefrom, nor shall the same be transported through any of the streets or avenues of the city, unless and except the same shall be removed and transported by means of airtight apparatus, or in such manner as shall prevent entirely the escape of any noxious or offensive odors therefrom, and by a permit from the department of health. J. No person shall draw off, or allow to run off, into any ground place of the city, the contents of any septic tank or privy, nor shall any owner, tenant or occupant of any building to which any septic tank or privy shall appertain or be attached, permit the contents, or any part thereof, to flow therefrom, or to rise within two feet of the top, or permit such contents to become offensive; nor shall any septic tank or privy be filled with or covered with dirt until its filthy contents shall be emptied. (Code 1967, § 32-28; Code 1985, § 16-24)

Memphis Code of Ordinances § 9-8-16 Disposal of industrial waste generally.

Sec. 9-8-16. - Disposal of industrial waste generally. A. No person shall permit the discharge into any drainage system or sewerage system within the city of any industrial waste, liquid waste or other by-product that is toxic, or obnoxious or may in due time become toxic or obnoxious or create a condition which, upon examination, is found to be a menace to health, unless such waste is treated in a manner to render it in a safe condition as may be accepted by the health officer or his or her authorized representatives. The effluent and by-products from the treatment plant shall not exceed the maximum allowable concentration as may be established by the health officer. B. Before any work is commenced on any new construction or alteration of any existing industrial establishment involving the lease or discharge of materials known to be toxic or adversely affecting health, plans and specifications as to chemical processes, nature of liquid waste or by-products and proposed control measures, accompanied by such pertinent data as may be required, shall be submitted to the health department for its approval. No part of the work shall be undertaken until the health department has endorsed upon the plans and specifications its written approval thereof. (Code 1967, § 32-29; Code 1985, § 16-25)

Memphis Code of Ordinances § 9-8-17 Refuse from gashouses.

Sec. 9-8-17. - Refuse from gashouses. No person, being a manufacturer or distributor of gas, shall throw or deposit, or allow to run, or shall permit to be thrown or deposited, into any public waters, or into any sewer, or into any street, or public place, any gas tar, or any refuse matter of or from any gashouse, works or manufactory, or make gas of any such ingredients or quality that any substance shall escape therefrom, or be formed in the process of burning any gas, which shall be offensive or dangerous, or prejudicial to life or health, nor shall any such person or company fail to use all reasonable means for preventing the escape of odors. (Code 1967, § 32-30; Code 1985, § 16-26)

Memphis Code of Ordinances § 9-8-18 Fluoridation of public water supply.

Sec. 9-8-18. - Fluoridation of public water supply. A. The light, gas and water division of the city, through its board of commissioners, is authorized and directed to take all necessary proper steps to fluoridate the water supply of the city. This process shall include the addition of 0.7 to 1.0 p.p.m. of fluorine to the water distributed by the city light, gas and water division, in accordance with the approved and recommended procedures of the state department of public health, in order that the citizens of Memphis and the citizens of areas outside the corporate limits of the city served by the water division of the city light, gas and water division, may obtain the benefits to be derived from same. B. The board of commissioners of the city light, gas and water division is authorized and directed to proceed with the purchase and installation of the proper equipment and materials for the fluoridation of the city public water supply and to provide that the necessary funds be made available for this purpose on a continuing basis. (Code 1967, § 32-37; Code 1985, § 16-32; Ord. No. 354, §§ 1, 2, 1-14-1969)

Memphis Code of Ordinances § 9-8-19 Plumbing—Maintenance requirements.

Sec. 9-8-19. - Plumbing—Maintenance requirements. A. In buildings and structures used for human occupancy, water lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free of obstructions, leaks, and defects and shall be capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the building code or plumbing code of the city and county. B. In buildings and structures used for human occupancy, every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks, outcroppings and defects to prevent health hazards. All repairs and installations shall be made in accordance with the provisions of the building code or plumbing code of the city and council. (Code 1985, § 16-33; Ord. No. 3436, § 1(6), 2-19-1985)

Memphis Code of Ordinances § 9-8-20 Filling of unmarked holes, abandoned cisterns and wells.

Sec. 9-8-20. - Filling of unmarked holes, abandoned cisterns and wells. It shall be the duty of the owner or responsible tenant to fill or make secure any unmarked holes, or abandoned cisterns and wells which may exist on property, for the safety and security of persons or animals who may come upon the property as an innocent passerby, city personnel authorized to cut and clean, or for individuals who have a purpose for entering the premises. (Code 1985, § 16-473; Ord. No. 4978, § 1, 12-3-2002)

Memphis Code of Ordinances § 9-8-21 Nuisances.

Sec. 9-8-21. - Nuisances. A. Prohibited. No person shall cause, keep or permit any material, substance or condition which is, or is likely to become, a public nuisance, by the emission of odors, fumes, dusts, vapors, or gases that are offensive, providing a harborage for mosquitoes or rodents, or which may imperil or affect the comfort, health or life of other persons. Any such person creating or maintaining such a nuisance within the city limits or within one mile thereof shall be guilty of a misdemeanor. B. Abatement. It shall be the duty of the health department, through the health officer, engineers, assistants, environmentalists or other employees, to serve notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance or violation of this title, or regulations or orders of the health department may be found, or upon the person maintaining any nuisance, or aiding therein, requiring him or her to abate or correct the same in such manner as the health department shall prescribe, within a reasonable time. It shall not be necessary in any case for the health officer to specify in his or her notice the manner in which a nuisance shall be abated, unless he or she shall deem it advisable so to do. Such notice may be given or served by engineers, assistants, environmentalists or other employees of the health department, as well as by the health officer. If the person to whom such notice is lawfully directed shall fail, neglect or refuse to comply with the requirements of such order, within the time specified, he or she shall be guilty of a misdemeanor, and each day's violation shall constitute a separate offense. Upon the failure of such person to comply with such requirements, it shall be the duty of the department of health, whenever public necessity requires it, to proceed at once, upon the expiration of the time specified in such notice, to cause such nuisance to be abated. C. Whenever the owner, occupant or agent of any premises or person maintaining or aiding in the maintenance of a nuisance is unknown or cannot be found, the department of health shall proceed to abate the nuisance without notice. D. In the event any nuisance is abated by the department of health, it shall keep an itemized account thereof and shall certify a bill thereof to the city attorney, whose duty it shall be to collect the same according to law. (Code 1967, §§ 32-31, 32-32; Code 1985, § 16-27; Ord. No. 837, § 2, 1-12-1971; Ord. No. 1227, § 1, 4-4-1972)

Memphis Code of Ordinances § 9-8-22 Notice on buildings placarded by health department.

Sec. 9-8-22. - Notice on buildings placarded by health department. When any building or structure within the city becomes dangerous to public health and is placarded by the department of health, it shall be the duty of the department to place notices on some conspicuous place thereon of the dangerous character of the building or structure, and it shall be a misdemeanor for any person to tear down or deface such notice, unless by permission of the health officer. (Code 1967, § 32-33; Code 1985, § 16-28)

Memphis Code of Ordinances § 9-8-23 Assistance of police in enforcing health laws.

Sec. 9-8-23. - Assistance of police in enforcing health laws. Whenever necessary to carry out the provisions of the health and sanitary laws, the health officer shall have the power to call upon the director of police services for a detail of officers, and the director of police shall furnish such officers, and the officers so detailed shall act under the direction of the health officer for the time being, for the purpose of carrying out the provisions of any health or sanitary law or regulation, and for the time being, such police officer shall be clothed with all the power to enter buildings and abate nuisances therein conferred upon the department of health. (Code 1967, § 32-34; Code 1985, § 16-29)

Memphis Code of Ordinances § 9-8-24 Obedience to regulations and orders of health department.

Sec. 9-8-24. - Obedience to regulations and orders of health department. Every person shall observe and obey every special regulation and every order of the department of health, the health officer and engineers, assistants, environmentalists or other employees of the health department that is or may be made for the purpose of carrying into effect the provisions of the public health and sanitary laws and ordinances. (Code 1967, § 32-35; Code 1985, § 16-30; Ord. No. 1227, § 11, 4-4-1972)

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/code_of_ordinances?nodeId=TIT9HESA_CH9-8HESAREGEFetched: 10/28/2026