Athens City Code

1. (1) Generally.
   1. (a) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle registered in the state, in which any window, which has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, has been altered, treated or replaced by the affixing, application or installation of any material which:
      1. (i) Has a visible light transmittance of less than 35 percent; or
      2. (ii) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below 70 percent.
   2. (b) Any person who installs window tinting materials for profit, barter, or wages and/or commissions is defined as a professional installer for the provisions of this section, and it is unlawful for a professional installer to apply tinting materials to any vehicle so as to cause that vehicle to be in violation of this section.
   3. (c) All professional installers of window tinting materials shall supply and shall affix to the lower right corner of the driver's window an adhesive label, the size and style of which shall be determined by the commissioner of safety, which includes:
      1. (i) The installer's business name; and
      2. (ii) The legend "Complies with T.C.A. § 55-9-107."
   4. (d) All professional installers of window tinting materials shall supply each customer with a signed receipt for each vehicle to which tinting materials have been applied which includes:
      1. (i) Date of installation;
      2. (ii) Make, model, paint color and license plate number and state;
      3. (iii) The legend "Complies with T.C.A. § 55-9-107 at date of installation"; and
      4. (iv) The legend "This receipt shall be kept with vehicle registration documents."
   5. (e) The owner of any vehicle in question has the burden of proof that such vehicle is in compliance with the provisions of this section.
   6. (f) Any vehicle model permitted by federal regulations to be equipped with certain windows tinted so as to not to conform to the specifications of subsection (a)(1)a of this section is exempt from subsection (a)(1)a of this section with respect to those certain windows. Likewise, vehicles bearing commercial license plates or government service license plates that are used for law enforcement purposes shall be exempt from the specifications of subsection (a)(1)a of this section for those windows rearward of the front doors. This subsection (a) shall not be constructed in any way to exempt the front door windows of any vehicle of any kind from the specifications of subsection (a)(1)a of this section.
2. (2) Exemption; medical conditions requiring window tinting.
   1. (a) Notwithstanding the provisions of subsection (a)(1) of this section to the contrary, any person with a medical condition that is adversely affected by ultraviolet light may submit a statement to the commissioner from that person's physician certifying that the person has a medical condition which requires reduction of light transmission in the windows of such person's vehicle in excess of the standards established in subsection (a) of this section. The commissioner shall submit the certified statement to the department's medical review board for evaluation. If the review board finds the exemption warranted, it shall recommend that the commissioner authorize the exemption and the degree of tinting exemption which is appropriate. The commissioner shall then supply a certificate or decal, indicating the degree of exemption, to the applicant who shall display it in the motor vehicle.
   2. (b) Any applicant aggrieved by a decision of the medical review board or the commissioner may appeal in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in T.C.A. title 4, ch. 5. The appeal may be made to the chancery court of the county where the aggrieved applicant resides at the option of the applicant.
3. (3) It is probable cause for a full-time, salaried police officer of the state to detain a motor vehicle being operated on the public roads, streets or highways of the state when such officer has a reasonable belief that the motor vehicle is in violation of subsection (a)(1) of this section, for the purpose of conducting a field comparison test.
4. (4) It is a civil offense for the operator of a motor vehicle to refuse to submit to the field comparison test when directed to do so by a full-time, salaried police officer, or for any person to otherwise violate any provisions of this section.
5. (5) The commissioner of safety shall establish a standardized method and procedure by which law enforcement officers can readily, and with reasonably accuracy, conduct a field comparison test to determine if a motor vehicle's windows are in compliance with this section.
6. (6) The maximum penalty for a violation of this section shall be a civil penalty not in excess of $50.00.

(Code 1995, § 11-810; Ord. No. 931, 9-20-2005)