ADOPTING ORDINANCE

ORDINANCE 2004-15

   AN ORDINANCE TO ADOPT AND ENACT A NEW CODE FOR THE TOWN OF COLLIERVILLE, TENNESSEE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR A COPY OF THE CODE TO BE KEPT AVAILABLE; AND PROVIDING AN EFFECTIVE DATE.

   WHEREAS, Tennessee Code Annotated §§ 6-54-501 et seq. authorize and empower each incorporated municipality in Tennessee to prepare and update a code of all ordinances on a periodic basis; and,

   WHEREAS, the Board of Mayor and Aldermen of the Town of Collierville, Tennessee, has caused its ordinances to be revised and re-codified, and the same are embodied in a code of ordinances entitled "Town of Collierville, Tennessee, Code of Ordinances" (the "Code"); and,

   WHEREAS, a public hearing was held on the 23rd day of August, 2004, pursuant to a publication in a newspaper of general circulation within the community on August 11, 2004.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN FOR THE TOWN OF COLLIERVILLE, TENNESSEE:

Section 1.   The Code, published by American Legal Publishing Corporation, consisting of Chapters 1 through 151, each inclusive, is adopted.

Section 2.   All ordinances of a general and permanent nature or of a penal nature enacted before December 8, 2003, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3.   The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance, or part thereof, that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4.   Wherever in the Code any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, the violation of any such provision of the Code by any person, firm, partnership, corporation or other legal entity shall be punishable by a penalty of not more than $50 or the maximum amount permitted by state law, whichever is greater, for each offense, and a separate offense shall be deemed committed for each day of violation.

Section 5.   Additions or amendments to the Code, when passed in such form as to indicate the intention of the Board of Mayor and Aldermen to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6.   Ordinances adopted after December 8, 2003, that amend or refer to ordinances that have been codified in the Code shall be construed to amend the Code.

Section 7.   A copy of the Code shall be kept available in the Town Clerk's office and at the Collierville branch of the Shelby County Library System, for public use and inspection at all reasonable times.

Section 8.   BE IT FURTHER ORDAINED that this ordinance shall become effective immediately after its passage, in accordance with the Charter of the Town of Collierville, the public welfare requiring it.

         Passed First Reading August 9, 2004

         Passed Second Reading August 23, 2004

         Passed Third Reading September 13, 2004

Linda Kerley /s/       Lynn Carmack /s/

Linda Kerley, Mayor      Lynn Carmack, Town Clerk