Private Acts of 2006 Chapter 86

SECTION 1.  This act is local in effect and requires the approval of a two-thirds (2/3) vote of the county legislative body, and, upon approval, shall take effect as provided in Section 7.

SECTION 2.  The legislative body of Bradley County is authorized to designate a division of the county’s general sessions court as the Environmental Court.

SECTION 3.  In making such designation, the judge of the Environmental Court is granted the additional power to issue injunctions, both mandatory and prohibitory, as provided in Rule 65 of the Tennessee Rules of Civil Procedure.  The judge may order any defendant found guilty of violating any court ordinance relating to health, housing, fire, land subdivision, building or zoning, to correct such violation at the defendant’s own expense.  In a case involving the alleged violation of any ordinance relating to health, housing, fire, land subdivision, building or zoning, the judge may appoint a master to aid the court.  Rule 53 of the Tennessee Rules of Civil Procedure shall govern the appointment, power, and duty of the master.

SECTION 4.  The judge of the Environmental Court shall also have the jurisdiction to try and dispose of violations of ordinances enacted by municipalities within Bradley County relating to health, housing, fire, land subdivision, building or zoning.

SECTION 5.  The judge may also punish any person for contempt who, having been ordered to correct a violation of any county or municipal ordinance relating to health, housing, fire, land subdivision, building or zoning, willfully fails to obey such order within the designated day and at the designated time as given by such court order.  The punishment for contempt in each such case is limited to a monetary penalty not to exceed fifty dollars ($50.00) and imprisonment not exceeding ten (10) days for each such violation.

SECTION 6.  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 7.  Upon approval by the county legislative body of Bradley County, this act shall take effect September 1, 2006, the public welfare requiring it.

Passed:  March 30, 2006.