CITY COURT

Memphis Code of Ordinances tit. 2, ch. 2-12

in effect

Memphis Code of Ordinances § 2-12-1 Daily docket; inventory control.

Sec. 2-12-1. - Daily docket; inventory control. A. A docket shall be prepared daily for the respective division of the court, and each division shall try and dispose of all cases assigned to it. The docket shall be prepared under the direction of the city court clerk. Nothing shall prohibit the preparation of the docket by data processing or other mechanical means, including the preparation under the supervision and rules provided by the city court clerk of a data processing docket from court dates fixed or requested on summonses or citations filed in the traffic violations bureau which shall then be delivered to the clerk's office for disposition of the docket. Each traffic citation or traffic summons, when first filed in the traffic violations bureau or in the city court clerk's office, as provided for in this code, shall be assigned an identifiable number which shall continue with such citation or summons as the docket number for court hearing or execution as necessary so as to provide an appropriate uniform system for record keeping. B. The clerk shall establish and maintain inventory control of every summons or citation book printed so that a true and accurate record of the status of such summons or citations books shall be made from the date of receipt until final disposition either by payment or court action. (Code 1967, § 13-11; Code 1985, § 11-16; Ord. No. 2233, § 1, 5-13-1975)

Memphis Code of Ordinances § 2-12-2 Assignment and disposition of cases involving summonses and citations barred by statute of limitations.

Sec. 2-12-2. - Assignment and disposition of cases involving summonses and citations barred by statute of limitations. There shall be prepared monthly by the chief of the violations bureau a compilation of all citations which are then over one year old and upon which no summons has been served or judgment taken so as to toll such statute of limitations, and which are, therefore, barred and uncollectible. Such compilation shall be prepared in the form of a docket and assigned as provided by the administrative judge for disposition in open court so as to remove all summonses and citations barred by the statute of limitations. (Code 1967, § 13-12; Code 1985, § 11-17; Ord. No. 2233, § 2, 5-13-1975)

Memphis Code of Ordinances § 2-12-3 Transfer of cases.

Sec. 2-12-3. - Transfer of cases. Nothing in this chapter shall be construed as limiting the right of the respective judges to transfer cases among the various divisions of the city court. (Code 1967, § 13-13; Code 1985, § 11-18)

Memphis Code of Ordinances § 2-12-4 Time of sessions.

Sec. 2-12-4. - Time of sessions. The administrative judge shall determine the time of sessions for all divisions of the city court and may make provisions for Saturday, holiday and night sessions of the various divisions as he or she shall from time to time establish by rule of court. (Code 1967, § 13-17; Code 1985, § 11-19; Ord. No. 1277, § 1, 5-9-1972)

Memphis Code of Ordinances § 2-12-5 Place of sessions.

Sec. 2-12-5. - Place of sessions. Sessions of the city court shall be held in the criminal justice center located at 201 Poplar Avenue in the city, in the courtrooms provided for therein. (Code 1967, § 13-17; Code 1985, § 11-20)

Memphis Code of Ordinances § 2-12-6 Holidays designated.

Sec. 2-12-6. - Holidays designated. A. The days observed by city employees shall also be observed as holidays by the city court and no cases will be scheduled for trial on such days. B. No afternoon or night court sessions shall be held on the day which immediately precedes New Year's Day or Thanksgiving Day. (Code 1967, § 13-18; Code 1985, § 11-21; Ord. No. 328, § 1, 11-26-1968)

Memphis Code of Ordinances § 2-12-7 Authority to suspend sentence, place defendant on probation and specify time when sentence is to be served.

Sec. 2-12-7. - Authority to suspend sentence, place defendant on probation and specify time when sentence is to be served. The city courts shall have the authority to suspend all or any part of a sentence imposed; to place defendant on probation, or require the defendant to serve any sentence imposed on weekends, or in any other manner in the discretion of the court. (Code 1967, § 13-19; Code 1985, § 11-22; Ord. No. 944, § 1, 4-27-1971)

Memphis Code of Ordinances § 2-12-8 Traffic violations bureau ratified; supervision thereof.

Sec. 2-12-8. - Traffic violations bureau ratified; supervision thereof. A. The traffic violations bureau is hereby ratified by the council. B. The traffic violations bureau shall be removed from the budget and finance department and thereafter be under the supervision of and operated as a division of the city court clerk's office. (Code 1967, § 13-20; Code 1985, § 11-23; Ord. No. 926, §§ 1, 2, 4-27-1971)

Memphis Code of Ordinances § 2-12-9 Court fees.

Sec. 2-12-9. - Court fees. A. Every person posting a forfeiture in lieu of court appearance with the clerk of the court, and every person where a fine is assessed by the city court judge or such person is otherwise ordered by the court to pay costs shall, in addition to any fine assessed by the court or any forfeiture taken, be required to pay the clerk of the city court a fee in the amount of $61.00 to cover the issuance of the warrant or any other process, and all other costs that may be necessary in the prosecution of such cause, and the fees so collected shall be paid by the clerk of the city court to the office of the city treasurer. B. Added to the $61.00 fee set out above, whenever city police make a physical arrest on any city charge, or any time a defendant is jailed by the court on a warrant returnable to city court, an additional fee of $20.00, per day, may be assessed against such defendant, to cover the cost charged by Shelby County for retention of city prisoners in county jail facilities. C. A city judge, within his or her or her discretion, is also authorized to assess a $20.00 fee for the recall of bench warrants, and a $20.00 fee for the costs accrued in judgment set asides, and the fees so collected shall be paid by the clerk of the city court to the office of the city treasurer. (Code 1967, § 13-22; Code 1985, § 11-24; Ord. No. 1408, § 1, 8-15-1972; Ord. No. 2223, § 1, 3-11-1975; Ord. No. 2531, § 1, 11-9-1976; Ord. No. 3405, § 1, 9-4-1984; Ord. No. 3972, § 1, 6-26-1990; Ord. No. 4267, § 1, 7-26-1994; Ord. No. 4314, § 1, 4-18-1995)

Memphis Code of Ordinances § 2-12-10 Method of payment of fines.

Sec. 2-12-10. - Method of payment of fines. A. When the court imposes a fine upon an individual, the court may direct as follows: 1. That the defendant pay the entire amount at the time sentence is pronounced; 2. That the defendant pay the entire amount at some later date; or 3. That the defendant pay the fine in specified portions or installments at designated periodic intervals and that such portion be remitted to the city court clerk, who shall report to the court any failure to comply with such order. B. Upon failure of a defendant to comply with an order of the court to pay by installment payments a fine imposed as a result of a traffic violation, the court shall revoke the defendant's privilege to operate a motor vehicle in the state, pursuant to T.C.A. § 40-24-104(b). If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with such court order, the privilege shall remain so revoked until the total amount of the fine is paid. (Code 1985, § 11-25; Ord. No. 3476, § 1, 7-9-1985)

Memphis Code of Ordinances § 2-12-11 Failure to appear in court; warrant.

Sec. 2-12-11. - Failure to appear in court; warrant. A. It is unlawful for a defendant to fail to appear in court at the time and place designated by a citation or summons issued in lieu of arrest. B. Pursuant to T.C.A. § 7-63-105, such failure to appear shall result in the municipal court immediately issuing a warrant against the defendant for the offense as set forth in the original process and for the additional charge of failure to appear. (Code 1985, § 11-26; Ord. No. 3460, § 1, 5-14-1985)

Memphis Code of Ordinances § 2-12-12 Warrant issued for court appearance for nonpayment.

Sec. 2-12-12. - Warrant issued for court appearance for nonpayment. It is unlawful for a defendant to fail to pay a fine imposed by the city court. The failure to pay shall result in the issuance by the court of a summons or arrest warrant to require the defendant's appearance in court for a hearing to show cause for nonpayment. (Code 1985, § 11-27; Ord. No. 3476, § 1, 7-9-1985)

Memphis Code of Ordinances § 2-12-13 Garnishment, execution, fees and costs.

Sec. 2-12-13. - Garnishment, execution, fees and costs. A. Upon failure of a defendant to comply with an order of the court where the judge has entered a judgment for fines and costs and same remains unpaid for 30 days thereafter, the court is authorized through its court clerk to issue execution thereon from the court in the same manner and method as prescribed in Tennessee Code Annotated, title 26, chapters 1, 2, and 3, and court clerk shall assess the same fees and costs as allowable to clerks of general sessions court. B. For the purposes of service of a levy of execution or execution by garnishment the police officers of the city are empowered to serve same anywhere in the county. C. Authority for this section is granted pursuant to T.C.A. § 6-54-303. (Code 1985, § 11-28; Ord. No. 3573, § 1, 7-1-1986)

Memphis Code of Ordinances § 2-12-14 Contempt powers; environmental matters.

Sec. 2-12-14. - Contempt powers; environmental matters. The judge of city court exercising municipal jurisdiction over environmental violations relating to health, housing, fire, building and zoning codes of the municipal code shall punish any person for contempt who, having been cited for failure to appear in such court for the violation of a municipal government law or ordinance involving any violation relating to health, housing, fire, building and zoning codes or the municipal law: A. Willfully fails to appear without just cause on the designated day at the designated time; or B. Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order. C. Punishment for contempt in each such case is limited to a fine of $10.00 and imprisonment not exceeding five days for each violation. D. The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for traffic violations or parking violations. (Code 1985, § 11-29; Ord. No. 4018, § 1, 2-12-1991)

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=TIT2AD_CH2-12CICOFetched: 10/28/2026