42-5-113 - Regulations and jurisdiction Scope Conformity to federal and state law. - Tennessee Statutes

42-5-113. Regulations and jurisdiction Scope Conformity to federal and state law.

(a)  (1)  A municipality that has established or acquired, or that may hereafter establish or acquire, an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules and regulations and orders as it shall deem necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. These penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.

     (2)  (A)  To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law.

          (B)  (i)  Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census.

                (ii)  Subdivision (a)(2) does not apply to any county having a population of:

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according to the 1980 federal census or any subsequent federal census.

                (iii)  Subdivision (a)(2) does not apply to any county having a metropolitan form of government.

                (iv)  Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.

(b)  No ordinance, resolution, rule, regulation or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States, or laws of this state, or to any regulations promulgated or standards established pursuant thereto.

[Acts 1957, ch. 375, § 8; T.C.A., § 42-313; Acts 1983, ch. 466, §§ 1, 4-7.]