ORDINANCES GENERALLY

Memphis Charter art. 40

in effect

Memphis Charter, art. 40, § 353 Authority to pass; to embrace but one subject expressed in title.

Sec. 353. - Authority to pass; to embrace but one subject expressed in title. The Board of Commissioners shall have power to pass, for the government of the City, any ordinance not in conflict with the Constitution or laws of the United States, or of the State of Tennessee; and no ordinance shall be valid if it embraces more than one subject, that subject to be expressed in its title. (Acts 1905, ch. 54, § 21)

Memphis Charter, art. 40, § 354 Adoption procedure; recording; effective date.

Sec. 354. - Adoption procedure; recording; effective date. No ordinances shall become effective until the same shall have passed at least three regular meetings of the Board of Commissioners, and shall have received at such meeting a majority vote of all of the members composing said board, and unless the same shall have been published in some newspaper circulated in Memphis, Tennessee, by one publication, the same to take place between the date of first and second readings of each ordinance. Nothing herein contained shall be construed to limit the right of the Board of Commissioners to amend any ordinance at any time before final passage. After its final passage, every ordinance shall be signed by the Mayor and attested by the Comptroller and recorded in a well-bound book to be kept by the Comptroller and which shall contain only ordinances. All ordinances shall become effective immediately upon final passage, unless the ordinance itself specifies a future date at which it is to become effective, and then it shall become effective on the date named in the ordinance. (Acts 1909, ch. 298, § 44; Priv. Acts 1923, ch. 427, § 1; Priv. Acts 1929, ch. 406, § 2; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 40, § 355 Power to impose fines for violations; ordinances continued in force.

Sec. 355. - Power to impose fines for violations; ordinances continued in force. They shall have the power, by ordinance, to impose fines, not exceeding $50.00, for the violation of any ordinance. All ordinances now in force and not in conflict with this Act are continued in force, but the Board of Commissioners shall have the power to amend or repeal any of them by ordinance. (Acts 1905, ch. 54, § 22)

Memphis Charter, art. 40, § 356 Franchises generally.

Sec. 356. - Franchises generally. The Board of Commissioners shall have charge and control of the giving, granting and selling of all franchises, special privileges to individuals, firms or corporations, and no such franchise or privilege shall be bestowed or sold for any period of time exceeding thirty years. (Acts 1905, ch. 54, § 28)

Memphis Charter, art. 40, § 357 Method of granting franchises.

Sec. 357. - Method of granting franchises. The method of granting franchises shall remain as prescribed in section 29 of chapter 54 of the Acts of 1905, save and except that the ordinance granting such franchise shall be passed by a majority vote of all the members composing the Board of Commissioners; provided, however, that no ordinance granting any franchise shall become effective until passed at three separate regular meetings of the board and shall have been published in full, by one publication in some newspaper published and circulated in the City of Memphis, said publication to take place between the date of the first and second readings of such ordinance. After final passage, such ordinance shall be published once in the form in which it was adopted. Every such ordinance shall be recorded in the record of ordinances provided for in section 354, hereof. [Under Acts 1905, ch. 54, sec. 29, the method of granting franchises, as above referred to, is as follows: No franchise shall be granted or sold to any commercial railroad, street railroad, gas company, electric light company, water company, or other quasi public corporation, except by ordinance, fully guarding and protecting the rights of the public. Nor shall such ordinance become effective until it is first submitted to and approved by a majority of the citizens voting either at some general or special election upon the question; provided such submission be demanded by petition of at least five hundred freeholders of the City and presented to the legislative council before the passage of said ordinance or within thirty days thereafter; provided, further, that no such ordinance shall become effective until thirty days after it has passed and been signed by the Mayor; and provided further, that no second election for the same purpose shall be held within twelve months from the first election; and provided further, that no such contract shall be made by ordinance or become effective until signed by a majority of the members of each board.] (Acts 1909, ch. 298, § 40; Priv. Acts 1923, ch. 427, § 2; Priv. Acts 1929, ch. 406, § 3)

Memphis Charter, art. 40, § 358 Ordinances relative to bond issues.

Sec. 358. - Ordinances relative to bond issues. No ordinances authorizing or providing for any issue of bonds shall be effective until thirty days after its final passage and until the same shall have been approved by a majority of the qualified voters of the City, voting at an election to be called and ordered for that purpose; provided, however, that such submission to and approval of by said voters shall be unnecessary, unless same shall have been requested by a petition in writing, signed by at least 500 qualified voters of the City of Memphis, within thirty days after the final passage of the ordinance providing for such bond issue. (Acts 1909, ch. 298, § 41)

Memphis Charter, art. 40, § 359 Reserved.

Memphis Charter, art. 40, § 360 Ordinances as to misdemeanors under State law.

Sec. 360. - Ordinances as to misdemeanors under State law. The Board of Commissioners shall have full power and authority to declare by ordinance duly passed that any person guilty of any misdemeanor under the laws of the State of Tennessee, committed within the boundaries of said City, shall also be guilty of an offense against such City, and subject to such punishments as may now, or which may hereafter be inflicted under the Charter of said City; and to this end, in addition to any general ordinance passed in pursuance of the provisions of this Act, the said Board of Commissioners shall have full power and authority to pass any ordinance or police regulation, specifically prohibiting the Commission of any offense within the boundaries of such City, and to provide punishment therefor, whenever, under the laws of the State of Tennessee, such an offense would be a misdemeanor under the State law; and the said Board of Commissioners, or other legislative body, shall have power to make it a misdemeanor to commit any offense within the boundaries of such City, whenever such an offense is made a misdemeanor by the laws of the State of Tennessee. (Priv. Acts 1921, ch. 245)

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_ART40ORGEFetched: 10/28/2026