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(A) It shall constitute a separate offense for any person notified to appear in City Court to fail to appear on the date and at the time that they have been notified to appear:
(1) When an offender has signed an agreement and waiver in lieu of arrest contained in the citation(s);
(2) As commanded in a notice of violation, summons, subpoena or other lawful order of the Court, ordering a person to appear; and/or
(3) As commanded by a verbal order of the court to a person at a previous appearance by that person in Court.
(B) Upon a person’s failure to appear in Court as set forth in subsections (A)(1) through (A)(3) above, the Court shall provide the offender with notice of a separate show cause hearing date and time at which the offender may appear and show persuasive cause for why he or she failed to appear in City Court on the hearing date set for the original offense, or as otherwise commanded to appear in City Court, and why he or she should not be found guilty of failure to appear and contempt of City Court. However, the failure to appear at the show cause hearing shall not be treated as an additional failure to appear offense, but as a default and admission of guilt on the failure to appear charge.
(C) A violation of the separate offense of failure to appear shall result in a fine of $50, plus Court costs and litigation taxes, as well as a $35 fee for the administrative costs associated with the scheduling, notice and adjudication of the separate contempt charge for failure to appear.
(D) The power to punish under this section may not be used against any person who fails to appear for parking violations.
(Ord. 14-18, passed 5-19-2014)
Related provisions, see Tenn. Code Ann. § 29-9-108(a)(3)