Supporters say increasing fines necessary: They contend $50 maximum penalty is a joke
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The question is on the Nov. 5 election ballot, asking voters if they want to allow the state legislature to reset fines which can be assessed by municipal courts. Under the state constitution, the maximum fine a court can assess without a jury is $50. The fine was set in 1796 when a $50 fine had the impact that a modern day $500 fine would have.
Supporters of the initiative say a maximum $50 fine is not enough to deter people who break municipals codes.
“Government and community leaders face daily challenges in enforcing ordinances that offenders routinely ignore,” said Margaret Mahery, executive director of the Tennessee Municipal League, which supports the measure. “It is our belief that those who choose to violate the law, use our municipal court system, and subject our communities to unsafe conditions should be fined more than $50.”
Mahery pointed to several horror stories around the state, where the maximum fine did not fit the offense:
• In Clinton, a 9-year-old girl was seriously injured when she fell in a hidden 12-foot pit in an abandoned dump, and the owner of the dump was fined only $50.
• In Knoxville, a police officer was injured by a teen who was drunk driving after she was served alcohol at an establishment there. The bar owner could only be fined $50.
• In Franklin, thousands of dead fish floated up from Maplewood Lake. It was found a contractor who sealed a nearby parking lot had polluted the lake and killed the fish. His maximum fine was $50.
• In Bartlett, a 160-pound attack dog escaped a fenced yard and seriously mauled a 77-year-old woman. The owner could only be fined $50 for code violations.
“We’ve had people laugh when the judge tells them he will impose the maximum fine of $50,” said Jack Hyder Jr., city attorney for Bristol.
The initiative’s supporters point out this will be the only time in four years the measure can be placed on the ballot. To pass, it must be approved by a majority of the voters who vote in the governor’s election.
“Voters must seize this opportunity to make an enormous impact on Tennessee’s neighborhoods, business districts and families,” said Tom Rowland, Cleveland mayor. “We need to strengthen the tools our municipalities have to protect our families.”
The question appears underneath the lottery question on the current election ballot. Early voting is ongoing through Oct. 31. The election is Nov. 5.