53-8-115 - Violations Procedure. - Tennessee Statutes

53-8-115. Violations Procedure.

(a)  Any person who violates this part, or who refuses to comply with any lawful orders or requirements of the superintendent or commissioner, duly made in writing, as provided in § 53-8-114, commits a Class C misdemeanor.

(b)  Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate the conditions as ordered by the superintendent or department constitutes a distinct and separate offense.

(c)  (1)  It is the duty of the superintendent, or the superintendent's duly appointed deputy inspectors or agents, upon learning of the violation of any provision of this part, to institute a prosecution in the name of the state against the person violating, by procuring a warrant for the arrest of the person, and to take the person so arrested, without unnecessary delay, before the nearest appropriate magistrate of the county from which the warrant for arrest was issued.

     (2)  It is the duty of the magistrate to hear the evidence and decide the case, regardless of whether the grand jury is in session at that time.

     (3)  If the person tried is found guilty, then the magistrate shall impose the fine fixed by this part.

(d)  (1)  Any person convicted and fined shall have the right of appeal to the circuit court of the county in which the offense is committed, upon giving bond and security for the amount of the fine imposed and costs, or upon taking the pauper's oath and giving an appearance bond.

     (2)  Upon appeal, trial shall be de novo upon the warrant.

(e)  (1)  The continued operation of any food-producing or food-handling establishment in violation of this part, after legal notice in writing has been given to the person in authority at the establishment or to the person's agent on the premises, is declared a nuisance.

     (2)  Whenever knowledge of continued operation, after receiving lawful orders, comes to the superintendent, the superintendent shall have the duty to apply to a court of competent jurisdiction, through the district attorney general in the district where the violation of this part has been committed, whose duty it shall be immediately to commence proceedings to cause to be issued an injunction restraining the person so conducting business from further continuance, and abating the establishment as a nuisance.

     (3)  The court may, in its discretion, issue the injunction immediately or upon notice, and the proceedings shall be in the name of the state on the relation of the superintendent, and no bond or other security for costs shall be required of the state.

     (4)  It is expressly provided that this remedy by injunction and proceedings to abate the nuisance shall not be exclusive of any other remedy provided in this section, but each remedy shall be considered cumulative to all other remedies.

[Acts 1909, ch. 473, § 10; 1913 (1st E.S.), ch. 15, § 2; Shan., §§ 3473a56, 3473a57, 3473a58, 3473a59, 3473a60; mod. Code 1932, §§ 6613, 6614, 6615, 6616, 6617; Acts 1979, ch. 399, § 6; T.C.A. (orig. ed.), §§ 52-1017 52-1021; Acts 1989, ch. 591, § 113.]